Terms of Service

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL THE LOCAL EMERGENCY ASSISTANCE NUMBER IMMEDIATELY IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. EMOTIONALLY.IN DOES NOT PRECRIBE NON-OTC MEDICATION AND NEITHER DOES IT SELL OR DISTRIBUTE ANY FORM OF MEDICATION.
 
Please read these Terms of Use carefully ("Terms"). These Terms govern and apply to your access and use of EMOTIONALLY.IN and all it’s services. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “You", "Your,” and “Yourself” refer to the individual or Organisational user of the Service. The term Provider refers to therapists, counsellors, coaches and healers in aggregate.
You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to Therapy or have your Parent/Guardian consent to Therapy, and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account. You agree to provide “Contact Information” (your personal contact and/or a close family member/relation) to your Provider to act as an information source to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence and Contact Information and that the Providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide the Services.
Site Content
Any content on Emotionally.in or any advice/conversation shared between You and a Provider should not be considered medical advice. Emotionally.in does not endorse any specific tests, medications, products or procedures. Please consult an appropriately qualified Medical Professional for Medical Advice and Treatment.
Your Emotionally.in Account
You will provide all mandatory information while registering on Emotionally.in. You may choose to provide (or not) any optional information. You will be responsible for the safekeeping of your confidential ID and Password. Emotionally.in is not responsible for any consequence arising from you sharing or misplacing your confidential ID and Password. You will provide truthful information at the time of registration. You will be liable for prosecution for providing wrong information provided for whatsoever reasons.
Acceptable Use
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit(i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Emotionally.innor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.
You agree that from time to time, the software may require that you download upgrades, updates and additional features we publish in order to improve, enhance, and further develop the software, Service, or App. The Service may change from time to time and/or Emotionally.in may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.
Payment
Emotionally.in collects, retains, and uses PI/PHI from customers to include the following:
  • 1. You will pay Emotionally.in all charges as listed in the Emotionally.in web site or as agreed between Emotionally.in and you.
  • 2. Individual users will have to pre-pay for services as per Emotionally.in payment terms and Organisation Clients will pay according to the Payment terms agreed between the Client and Emotionally.in
  • 3. Individuals will make payments through the Payment Gateways integrated with Emotionally.in
  • 4. Organisations will pay as per Payment Methods as agreed between the Client and Emotionally.in
  • 5. You will not make any direct payment to a Provider
  • 6. You will not negotiate fees or payment terms with a Provider
  • 7. In case of any Payment failure, Emotionally.in reserves the right to cancel the Service without notice and take appropriate measures to recover dues.
  • 8. Cancellation Charges
    • a. Cancellation or Rescheduling more than 48 hours before the scheduled appointment will not attract any charges
    • b. Cancellation or Rescheduling between 24 hours and 48 hours before the scheduled appointment will attract a 50% penalty. The balance will be refunded.
    • c. Cancellation or Rescheduling within 24hours of scheduled appointment will attract 100% penalty.
    • d. Emotionally.in may at it’s sole discretion decide to waive penalty charges in case or exigencies.
  • 9. Refunds
    • a. Refunds will be provided only if the Provider discontinues the service without transferring the Service to another Provider acceptable and approved by You.
    • b. Refunds will be provided if under any circumstance Emotionally.in cannot provide the service except in Force Majeure Conditions.
Providers
  • 1. Emotionally.in does not directly employ the Providers.
  • 2. The Providers provide their Service by using the Emotionally.in platform.
  • 3. Emotionally.in carefully selects the Providers after checking their credentials and through a rigorous selection process.
  • 4. A panel of Specialist Providers appointed by Emotionally.in monitors the quality of service provided by the Providers. However, the quality of service and any malpractice is the sole responsibility of the Provider. Emotionally does not take any responsibility for the ultimate quality of service provided by Provider.
  • 5. A detailed CV of every Provider is available for scrutiny on www emotionally.in. matched through the Service.
  • 6. Your relationship with the Provider is strictly with the Provider. Emotionally.in is not involved in the Provider-patient relationship and does not interfere, validate or control the Provider’s treatment unless advocating on behalf of You when following up on a particular complaint.
  • 7. Emotionally.in will not be a party to any dispute between You and your Provider.
  • 8. Emotionally.in does not assume any responsibility or liability for any service provided by a Provider.
  • 9. You or your Provider may discontinue the service at any point of time.
  • 10. You are always advised to exercise a high level of care and caution in the use of Emotionally.in Network of Providers as you would to make any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider or by using or combining Emotionally.in with traditional face-to-face appointments;
  • 11. You are the final decision maker in choosing your Emotional Health treatment and journey.
Disclaimers
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMOTIONALLY.IN DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, EMOTIONALLY.IN DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. EMOTIONALLY.IN CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL EMOTIONALLY.IN, ANY EMOTIONALLY.IN LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANYCONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL EMOTIONALLY.IN, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL/ MENTAL HEALTHCARE SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF EMOTIONALLY.IN OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Force Majeure
All Force Majeure conditions as understood and practiced Globally including but not restricted to Natural Calamities, Pandemics, Unforeseen Economic Downturns, Unpredictable changes in Regulations, Laws and Policies, Internet and Data Storage shutdowns, Power Failures, Environmental Disasters, Malware attacks etc will apply.
Hyperlinks
Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Emotionally.in, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Emotionally.in. Emotionally.in does not endorse the content on any third-party websites. Emotionally.in is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. Emotionally.in does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
Termination
Emotionally.in may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Emotionally.in has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Emotionally.in reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
Privacy
You affirmatively consent to the fact that Emotionally.in's Clinical Oversight Personnel will, as needed, review your particular "Session Transcripts" or "Rooms" in a HIPAA/HITECH approved de-identified form for the following purposes:
During your on-boarding and during the Provider matching process to ascertain you are able to successfully engage with the Provider. This access to only de-identified information may be accomplished using a Emotionally.in on-boarding specialist and not a Provider;
To review your complaint about a particular issue/instance that your report about your Provider or about a particular language intention with your Provider;
For your safety concerns or complaints of unethical Provider practices;
To transition you to a new Provider or if your account is non responsive or inactive for an extended period of time; or To address raised quality assurance concern(s) that may apply to an individual Provider, a state-wide compliance issue or a national network issue.
You consent to Emotionally.in using "Meta Data" and other search terms to scan only HIPAA ‘Safe Harbor” de-identified transcripts to search for trends and patterns that may affect the quality of the Services provided to you or the practices of the Providers. If your particular complaint requires a review of Session Transcripts in the original form, you consent to a Emotionally.in Licensed Oversight Provider accessing your account only to respond to your particular complaint or raised issue.
Your Consent to Emotionally.in recording your calls to Customer Service to assure Quality Assurance.
You affirmatively grant Emotionally.in permission to have your Provider periodically provide non-content based clinical assessments of your progress to Emotionally.in. You understand that Emotionally.in provides the Providers with clinical assessment tools that serve to provide information on your mental health and well-being; and that results can be seen by your Provider to discuss with you.
All de-identified data, meta-data and research data collected by Emotionally.in through your use of the Services remains the sole property of Emotionally.in. Emotionally.in may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. You shall not request that Emotionally.in remove or delete any of such data.
You agree that the email username you provide can be used by Emotionally.in to send you marketing offers from Emotionally.in.
You acknowledge that Emotionally.in must store all personal data as required by law, typically for no less than seven (7) years, and may not delete such medical records data, even upon your direct request.
Special Programs
From time to time Emotionally.in offers free programs to its Clients. Emotionally.in also participates in Research Studies and conducts surveys. Your participation in these surveys is purely voluntary and non-binding.
Gift Cards, Coupon Codes etc
Emotionally.in is not responsible for emailed Gift Cards and Coupon Codes that do not reach their intended recipient for any reason. Bounced email is not monitored.
Emotionally.in does not take any responsibility or provide any recourse to stolen or lost Gift Cards.
You cannot share a Coupon Code meant specifically for you with any other person whosoever they may be without specific permission from Emotionally.in.
You will at all times adhere to the terms and conditions of Gift Cards or Coupon Codes.
EMOTIONALLY.IN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR EMOTIONALLY.IN BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND EMOTIONALLY.IN’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Disputes
Any dispute or claim relating in any way to your use of the Emotionally.in Service will be resolved by binding arbitration, rather than in court. The Jurisdiction of Arbitration is Mumbai City in India. Arbitration only applies to the individual and not to any other person related or unrelated to the individual or to any class action.
Customer Complaints
All customer complaints should be addressed to support@emotionally.in and will be dealt with between 10am and 6pm Indian Standard Time, Monday to Friday excluding Indian Public Holidays and Bank Holidays
Notice
Any notice or communication can only be sent by e-mail to info@emotionally.in
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