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Terms and Conditions

TERMS AND CONDITIONS

BY CLICKING ON THE “I ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE CUSTOMER TERMS (“CUSTOMER TERMS”).

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL OF THESE CUSTOMER TERMS BEFORE YOU START USING THE WEBSITE, AS YOU WILL BE BOUND BY THESE CUSTOMER TERMS WHEN YOU CLICK “ACCEPT AND REGISTER”.

These terms are a legal contract between “You” (hereinafter referred to as a; “Customer”, “User” and/or a “Certified Medical Professional/Expert”, “Psychiatrist” and/or “Psychologist”) a User of at least 18 years of age, AND Belivme Healthcare Services Private. Limited., a Company incorporated under the provisions of the Companies Act, 2013, having its registered address at, F 805, Smondo – 3 Neo Town, Electronic City Phase-1, Bangalore, Karnataka, 560 100 (the “Company”, “Belivme” or “we” or “us” or “our”)

The aforementioned shall hereinafter be individually referred to as “Party” and collectively as “Parties”, where the context so permits, with respect to their usage of the Company’s services.

IF YOU DO NOT AGREE WITH ANY OF THESE CUSTOMER TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING AND USING THE WEBSITE AND THE SERVICES BEING PROVIDED UNDER THESE TERMS.

INTRODUCTION

Belivme Healthcare Services Private. Limited. provides services in the field of mental health and wellness, telemedicine, online consultation and counselling services for Mental health problems, wherein users can find and consult with Psychologists and Psychiatrists (Online or otherwise) through their website, mobile application (if applicable) and online services (collectively, the “Platform”).

Our aim is to connect medical and mental health experts such as; Counsellors, Clinical and General Psychologists and Psychiatrists to Users in a seamless and smooth manner in order to ensure and promote easy access to mental health and wellness.

Company owns and operates the website and/or any Application and/or platform in the name and style of “BelivMe” (www.belivme.com), connected to or mentioned on this site and the Services provided under this website. The Website inter alia contains a booking functionality which enables users to contact and connect with mental health experts and allows them to subscribe and/or access the Services being offered. (hereinafter, the “Services”)

These terms apply to Your access to, and use of, the website and/or its Application (whether through a computer, mobile phone or other electronic device), the Booking Services, other allied services and all information, recommendations and other products and services being provided to You on or through the Website.

THE PARTIES AGREE AS FOLLOWS;

  1. DEFINITIONS
    • Unless the context requires otherwise, capitalized terms in these Customer Terms have the following meaning:
      • “Account” means the account, identifier created by You on the Website and/or Application for accessing the Services.
      • “Affiliate” means, in relation to any entity, another company or entity that either directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with that entity. For purposes of this definition, “Control” means, with regard to any company or entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or company through voting rights or through the exercise of rights pursuant to agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the entity or company.
      • “Applicable Laws” means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.
      • “Application” means such features of the BelivMe mobile application or other programs, software, mobile applications owned (or licensed to) by the Company, and other URLs as may be specified by the Company from time to time. The Application includes the electronic interface where the Subscriber / Expert account is accessible, the login credentials (user ID and password) for which will be provided by Company to the Subscriber.
      • “Area of Operation” means the area in which these Customer Terms are accepted by You, being the territory of India.
      • “Business Day” means any day excluding Sunday or public holiday in the Area of Operation.
      • “Company” has the meaning given in the “Parties” section on the front page of these Customer Terms.
      • “Expert” shall mean, refer to, and have the same meaning as has been given to; any person who is either a ‘clinical psychologist’, ‘medical practitioner’, ‘mental health nurse’, ‘mental health professional’, ‘psychiatric social worker’ and/or a ‘psychiatrist’ as per the provisions of The Mental Healthcare Act, 2017 and who has entered into an agreement/contract with the Company to provide his/her services on the Company’s Platform.
      • “Force Majeure” has the meaning set out in Clause
      • “Linked sites” means the links used in or through the company’s website/application/platform to other websites or services, provided solely as a convenience to the users/experts.
      • “Subscriber” has the same meaning as the one given to a user in the “Parties” section on the front page of these Customer Terms.
      • “Prohibited Content” means the images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
      • “Privacy Policy” means the privacy policy available on the website, as amended by the Company from time to time.
      • “Permitted Information” means information such as a user’s name, username, address etc. which the user voluntarily submits to the website or application while registering for the same
      • “Registration Data” means a Subscriber’s name, email address, telephone number and other information (including personal data) that is provided to the Company for registering on the website and/or Application.
      • “Sensitive Medical Information” shall mean all such mental health, mental healthcare, treatment and physical healthcare related information of a person, to which he/she has a ‘Right to Confidentiality’ as per Section 23 of the Mental Healthcare Act, 2017.
      • “Services” shall mean the services being provided by the Company as mentioned above, which relates to serving as a medium and/or platform for people to connect with Mental health experts and obtain counselling and/or other mental healthcare services accessed through the website within the Area of Operation.
      • “Session” shall mean a counselling session, booking and/or appointment made by a User through the Company Platform in order to consult with a mental health expert,
      • “You/Your” means you, the user and/or the Expert, where the context so permits, being the Subscriber of the Website and the Services.
  1. REGISTRATION AND USAGE
    • Authorized Users. Your access to and use of the Company’s Services are subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Service in any manner or for any purposes that are unlawful or prohibited by this Agreement.
    • The Company’s Services are not meant for persons under the age of 18 (eighteen) years. If you are under 18 (eighteen) years of age, then please do not use our Services. You have to be competent to enter into a contract under Applicable Laws, and You must provide the Company with accurate, complete, current, valid and true Registration Data (“Eligibility Requirements”);
    • You must only open one Account using Your Registration Data, and not use the account of any other person and only use the Platform in accordance with these Customer Terms and all Applicable Laws, and not use the Platform, Subscription Services or Services for any illegal or unlawful purposes;
    • You must only use the Application, Subscription Services (if any) and Services for Your sole, personal use, and not transfer, sell, sub-license or assign it to a third party;
    • You must not do or try to do anything to interfere with or harm the Website, the Subscription Services (if any), the Services or the network of the Company or any of its Affiliates in any way whatsoever;
    • Only use an authorised telephonic or internet network to access and use the Website. When using the Website, the Subscription Services and the Services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by Your device and/or telecommunications service provider and the same are Your responsibility.
    • You are solely responsible for maintaining the confidentiality of Your Registration Data and Platform login credentials, and will be liable for all activities and transactions, and any other misuse of the Platform, that occurs through Your Account (whether initiated by You or any third party), except to the extent caused or contributed by Company.
    • You must also notify the Company immediately if You cannot access Your Account, or is you know of or suspect any unauthorized access or use of Your Registration Data, login details or Account, or the security of Your Account has been compromised in any way.
    • The Company and/or any of its Third-Party Service Providers may suspend access and Service subscriptions entered into if:
      • The Registration Data or any other information provided by You is false, or You cease to satisfy the Eligibility Requirements;
      • The security of Your Account has been compromised in any way; or
      • You have not complied with any of the requirements in this clause.
    • The Company and/or any of its Third-Party Service Providers may block, suspend, alter or update the Website, and/or the Services at any time (including without notice):
      • To make improvements to the Website, and/or the Services (including the security of the Website and/or the Services);
      • as required by Applicable Law; or
      • To protect a legitimate business interest.
  1. SUBSCRIPTION SERVICES
    • The Website allows the Subscriber to select their desired service requirement as updated on the website from time to time.
    • Once You request for a service and the same has been accepted, Company will provide:
      • You with a confirmation through the Website, along with information regarding the Services and any other details the Company considers appropriate (including but not limited to information about the expert, appointment time etc.);
      • You with credentials and a dashboard in order to monitor, upload documents, interact with the Experts and use the Company’s platform.
      • its 3rd Party Service Providers with Your details necessary to enable the performance of the Services
    • Along with the above services provided by the Company, Company shall do the following:
      • Keeping records of the Subscription Services availed;
      • Remotely monitor any Service transactions using the Website; and
      • Providing customer support for grievance redressal;
    • Except as expressly stated in these Customer Terms, the obligations of the Company are limited to (a) licensing the Website services to You; (b) managing and operating the Website and Services in the manner reasonably determined by the Company; (c) operating the platform in order to facilitate the provision of Services to You (and other customers); and (d) payment collection in respect of the Services provided to You (and other customers);
  2. SPECIFIC FEATURES AND ADDITIONAL SERVICES.
    • When using Belivme’s Services, you may be subject to additional guidelines and/or terms and conditions (the “Guidelines”) as and when applicable, to specific services and features which may be posted from time to time on the platform.
    • All such Guidelines are hereby incorporated by reference into these Terms and Conditions. In addition, your use of the Service is further governed by the Privacy Policy available at www.belivme.com (the “Privacy Policy”), which is hereby incorporated by reference into these Terms and Conditions and you consent to the collection, use and disclosure of any personal information in accordance with the Privacy Policy
  3. LISTING OF EXPERTS
    • Algorithm: BelivMe’s proprietary algorithm for the listing of Experts is a fully automated system that lists the Expert(s) along with their profile, background, qualification and information regarding their Practice(s) on its Website.
    • These listings of Experts do not represent any fixed objective ranking or endorsement by BelivMe or any of its affiliates. The Company will not be liable for any change in the relevance or order of the Experts on the Platforms search results, which may take place from time to time.
    • The listing of Experts will be based on automated computation of the various factors including but not limited to, inputs made by the Users including their comments and feedback(s). These factors may change from time to time, in order to improve the Company’s listing algorithm.
    • The Company in no event will be held responsible for the accuracy and the relevancy of the listing order of the Expert(s) on the Website. Furthermore, the Company shall not be liable and/or responsible for the ranking or listing of the Expert(s) on any external websites and search engines (whether or not the same is based on the listings on the Company’s website)
    • Listing content and Disseminating Information: BelivMe collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Expert(s) listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and other similar details.
    • The Company takes and will take reasonable efforts to ensure that such information is updated at frequent intervals in consonance with the Expert(s). Although the Company screens, checks and vets the information and photos submitted by the Expert(s), it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. The breach of any such representation shall be the sole responsibility of the Expert.
    • If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform the Company immediately in order to enable the company to take the necessary actions.
  4. BOOKING APPOINTMENTS AND CALL/VIDEO CALL FACILITY:
    • The Company’s platform enables its Users to connect with Experts through two methods:
      • A booking facility that allows Users to book an appointment through the Website;
      • Value added telephonic/video calling services (provided via third-party services providers) which connect Users directly to the Expert’s and allows them to consult on a real-time basis through the Platform.
    • If any Expert cancels an appointment 2 (two) hours prior to the time of appointment and does so more than twice, such expert shall be unlisted from the website, however an opportunity to be heard shall be given and it will only be considered if the reason stands genuine, the determination of the same is at the sole discretion of the Company and the decision so taken shall be final.
  5. DISCLAIMER WITH RESPECT TO EXPERTS
    • Without prejudice to the above, the Company is not involved in providing any healthcare and/or medical advice and/or diagnosis and hence is not responsible for any interactions between the User(s) and the Experts.
    • The User understands and agrees that BelivMe only enables them to connect with mental health experts. Once the user(s) selects and/or elects to be counselled or treated by a particular expert, the Company will not be liable for:
      • User(s) interactions and associated/related issues a User has with the Expert;
      • the ability or intent of the Expert(s) or the lack of it, in fulfilling their obligations towards Users;
      • any wrong medication or quality of treatment provided by the Expert(s), or any medical negligence on part of the Expert(s);
      • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Expert to provide the agreed Services;
      • any misconduct or inappropriate behaviour by the Expert or the Expert’s staff.
    • If any Expert is reported for the above reasons, he or she shall be unlisted and the same shall be published on the website and on all platforms of Psychologia Connect. The Expert shall also be liable to compensate the user and / or the Company for any and all losses/damages caused to them due to such actions of the expert.
    • The Expert(s) understands and agrees that the Company shall not be liable, under any circumstance, for any comments / feedback(s) / review(s) etc. given by any of the Users in relation to the services provided by Expert. Further, the option of publishing or modifying or moderating or masking the feedback provided by Users shall be solely at the discretion of the Company, unless it is mandated to do so by an appropriate order of a court or any other judicial authority.
  6. PRICING
    • The Website shall display all applicable prices, counselling charges and/or expenses for the Services (expert consultations) and the same shall be disclosed to You and available on the Website at the time of booking, searching for the Services.
    • In the event of a Service being marked with the incorrect pricing information due to typographical or other errors, the Company shall have the right to amend, modify and/or rectify such errors and the same shall be intimated to You at the time of the Purchase.
  7. PAYMENT POLICY
    • Payment for the Services will be facilitated by a payment gateway and/or payment processing services provider appointed by the Company (the “Payment Processor”). The Payment Processor may be the Company, one of its related bodies corporate or an unrelated third party.
    • A booking will be valid and details regarding the same will be shared with a user only upon confirmation of payment by the Company;
    • The Company accepts the following modes of payment:
      • Visa, Mastercard and American Express Credit Card(s);
      • Debit card(s);
      • Credit Card EMIs (with such banks that participate as on the date of transaction);
      • Company Gift Cards and Vouchers (if applicable);
      • Wallets (as provided by the company from time to time)
    • You will be required to provide relevant payment details including credit/debit card details (“Card Details”) with the Payment Processor in order for the Company to process the payment for the Services availed, and You hereby authorize the Payment Processor to do so. Your authorization:
      • permits the Payment Processor to debit or credit the bank account or debit/credit card account associated with Your payment details;
      • permits the Payment Processor to use Your Card Details for the processing of transactions initiated by You;
      • will remain in effect as long as You maintain an Account (and if You delete Your Card Details or Account, Company and the Payment Processor will not be able to process any further transactions initiated by You);
      • and is subject to any other terms and conditions of the Payment Processor specified through the website or platform from time to time.
    • If any amount paid by You is fully or partially refundable for any reason such amounts will be credited to Your Account within 30 business days.
    • Any payment processing-related issue not caused by an error or fault with the Website must be resolved by You and the relevant Payment Processor.
    • The Company or its Affiliates/representatives shall never request You to share any of your payment details over email or over telephone.
    • Transactions with the Company are done via industry leading payment gateways. The Payment gateways are compliant with the global information security standards defined for organizations which handle cardholder information. All information provided about your card or account information is encrypted and shall be dealt with in accordance with the terms and conditions and policies of the Payment Processor.
  8. REFUND POLICY
    • The Services purchased and/or appointment(s) and/or consultations booked via this Website may be cancelled and refunded within a maximum period 5 (five) days from the date of booking the Services.
    • This return policy shall be applicable from the date of booking such Services;
    • In order to avail the refund, a user will have to submit a request in this regard via the Company website by filling up the following form https://belivme.com/contact or by contacting the Company on care@belivme.com or at, +91-
    • Cut-0ff date: All claims of refund must be made by you within a period of 5 (five) days from the date of your booking the services. Beyond such period we can’t offer a refund.
  9. CANCELLATION & RESCHEDULING POLICY
    • The Company operates a limited cancellation policy. Services, sessions and bookings made in advance through the Company website may be cancelled up to 24 (twenty-four) hours prior to the start of such booking, session or appointment.
    • Any request to reschedule a session, booking or appointment made within the 24 (twenty-four) hour window or failing to turn up for such booking (applicable to the User and Expert alike) will be chargeable and such session(s), booking(s) or appointment(s) will be cancelled without any refund.
    • Each session, booking or appointment will be for a period of 30-40 (thirty to fourty) minutes. If a User is late for the session beyond a period of 20 (twenty) minutes, then the session will be cancelled without any refund(s).
    • Notwithstanding the above, prior to the aforementioned 20 (twenty) minute delay period, any delay in attending a session by a user shall be adjusted pro-rata from the user’s respective session time.
    • In case of any delay on behalf of the Expert, there shall be a pro-rata deduction of the service fee payable to the Expert by the Company for every minute of such delay.
    • Rescheduling: The Company operates the following rescheduling policy;
      • For any rescheduling request made 24 hours prior to the start of the session, there shall be No charge and the session can be rescheduled to any time of the users choosing.
      • No rescheduling request will be entertained if the same is made within 6 hours from the start of the Session.
      • One can reschedule an appointment twice only.
  1. REPRESENTATION AND WARRANTIES
    • You represent, warrant and covenant that at all times, the Content you post on the platform shall be legal, does not infringe any third party’s intellectual property, right of reputation, right of name, right of privacy, moral rights and other lawful rights and interests;
    • The Expert, in accordance with the provisions of the Mental Healthcare Act, 2017 and any other similar law, is duly registered, licensed and qualified to practice medicine, provide counselling services, provide health care, wellness and therapy services as per applicable laws/regulations/guidelines set out by competent authorities and the Expert shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India.
    • The Expert shall at all times ensure that all the applicable laws that govern the Expert shall be complied with and utmost care shall be taken in terms of the consultation/ services being rendered.
  2. USER OBLIGATIONS
    • Restrictions: As a pre-condition to your use of the Service; you will not use the Service for any purpose that is unlawful and / or prohibited by the Terms and Conditions herein.
    • Access to the company materials and connected services from territories wherein the same is illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules with respect to intellectual property rights, the internet, technology, data, email, and/or privacy.
    • You will not use the company’s services in any manner that, in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Service.
    • You will not take any action that imposes an unreasonable or disproportionately large load on the company infrastructure.
    • You will not intentionally interfere with or damage the operation of the company’s Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
    • You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the platform / website / application that prevent or restrict the use or copy any of the content accessible on the platform / website / application, or features that enforce limitations on the use of these Service.
    • You will not attempt to gain unauthorized access to the Company’s Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the company’s Services or any activities conducted on the company platform.
    • You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Company’s Service. You agree neither to modify these Service in any manner or form, nor to use modified versions of the such services, including (without limitation) for the purpose of obtaining unauthorized access to the company platform / website / application.
    • You will not utilize framing techniques to enclose any trademark, logo, or other company materials without our express written consent.
    • You will not use any meta tags or any other “hidden text” utilizing the company’s name or trademarks without our express written consent.
    • You will not deep-link to the company’s services and will promptly remove any links that the company finds objectionable in its sole discretion. You will not use any logos, graphics, or trademarks as part of the link without our express written consent.
    • You will not send junk mail to other users of the services, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
    • You will indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
  3. LIMITED LICENSE
    • Subject to the terms and conditions herein, BelivMe Healthcare Services Private Limited., hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Company’s Platform (including all the updates and/or upgrades as and when provided)
    • The said license is solely for private and non-commercial use and is subject to the user and/or Expert adhering to these Terms and Conditions, Privacy Policy and any and all additional guidelines as and when updated by the Company.
    • Further, in recognition of the various offerings and services provided by the Company, the Expert(s) shall (subject to their reasonable right to review and approve):
      • allow Belivme to include a brief description of the services provided by the Experts in its marketing, promotional and advertising materials;
      • allow the Company to make references to, and of the Expert(s) in case studies and other related marketing materials;
      • serve as a reference to the Company’s existing and potential clients;
      • provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases;
      • make presentations at conferences; and/or
      • allow the Company to use the Expert’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
  1. INTELLECTUAL PROPERTY RIGHTS
    • The Website and all associated intellectual property rights (“IP”) remain the property of the Company or its third-party licensors. Except as expressly stated, nothing in these Customer Terms grants the User and or Expert any rights in or related to the IP, and all rights not expressly granted to the Customer are reserved by the Company.
    • The services provided are owned and operated by the company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Services (referred to as Company Materials) that are provided by the company are protected under the relevant Copyright, Trademark, Patent laws/statutes, international conventions, and all other relevant intellectual property rules and regulations
    • All Company Materials contained on the website/platform are the copyrighted property of Belivme Healthcare Services Pvt. Ltd. or its affiliated companies and/or third-party licensors.
    • The Company Material does not include any User or Expert Content/information or content from third party sites regardless of the fact that the company website provides a link to access such content.
    • The Customer/User/Expert must not:
      • Copy, reproduce, modify, create derivative works of, decompile, reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of, any IP;
      • Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided on the website;
      • Use any IP in a way that infringes or misappropriates a third party’s intellectual property rights or moral rights;
      • Distribute, disclose or allow use of any IP of any third party in any format, through any timesharing service, service bureau, network or by any other means;
      • Merge or combine any IP with any other technology not provided by the Company or remove any proprietary notice language on any copies of any IP.
  1. CONTENT
    • User Content: Subject to clauses hereinbelow, the User(s) are solely responsible for any notes, messages, e-mails, photos, drawings, profiles, opinions, sensitive medical information, ideas, images, videos, audio files or other material(s) or information posted or transmitted through the Website by or on behalf of the User (“User Content”).
    • Expert Content: The Experts are solely responsible for any notes, messages, e-mails, photos, drawings, profiles, opinions, sensitive medical information, ideas, images, videos, audio files or other material(s) or information made or stored by them in the process of their engagement with the Company, whether or not provided by or on behalf of the Users, which is posted, stored or transmitted through the Website and/or Application or Device.
    • Prohibited Content; The User(s)/Expert(s) shall not use the company services to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
    • The User(s) / Expert(s) must ensure that the content and or information they post or obtain in the process of their engagement with the company’s services is not unlawful and does not infringe any third party’s rights (including intellectual property rights), and the User(s) and Expert(s) must not;
      • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful material or in-formation, or any material relating to or encouraging money laundering or gambling;
      • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents;
      • upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another computer or electronic device;
      • download any file(s) posted by another user that You know, or reasonably should know, cannot be legally downloaded or distributed in such manner;
      • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
      • deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature;
      • harvest or otherwise collect information about others, including e-mail ad-dresses, without their consent.
    • The Company may retain such information/content collected from User(s) / Expert(s) from its Website or Services for as long as such collection is necessary, depending on the type of information; purpose, means and modes of usage of such information; whether or not such information is necessary shall be decided by the company at its sole discretion and the same shall be handled in accordance with its Privacy Policy and any other laws and regulation applicable within the area of operation. Further, the computer web server logs may be preserved as long as administratively necessary.
    • License to Expert Content. The Experts hereby agree and grant the company a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any content that they may upload or publish to the company’s services, that are not sensitive medical information or confidential information, in any format or medium now known or later developed for any purpose.
    • The Company may use such Content on the Platform and in connection with any other products or services offered by it, and can transfer the license or authorization of using such information and content to its related companies and cooperation partners without the no need to obtain the Experts consent again. The company reserves the right to display advertisements and sponsorships in connection with the Experts Content.

(Note:  You are not entitled to any payment or other compensation for Company’s use of your Content)

  • The Company has the right to remove, at its sole discretion and without notice to you, your Content, if it infringes others’ rights and interests. The company has the right to suspend or terminate access to the service to any user and/or expert who uses the services in violation of this agreement, copyright law, other intellectual property laws and/or any other applicable laws (including but not limited to privacy laws and rights).
  1. CONFIDENTIAL INFORMATION
    • In consideration of the disclosure of Confidential Information by the Disclosing Party to the Receiving Party with respect to the terms and conditions herein, the Receiving Party undertakes whether by itself, its successors and heirs, not to disclose Confidential Information to any third party, unless in accordance with Clause.
    • In addition to the undertaking in Clause 17.1, the Receiving Party shall be liable for:
      • Any loss, theft or other inadvertent disclosure of Confidential Information, and
      • Any unauthorized disclosure of Confidential Information by persons (including, but not limited to, present and former employees) or entities to whom the Receiving Party under this Agreement has the right to disclose Confidential Information, except where, the Receiving Party has used the same degree of care in safeguarding such Confidential Information as it uses for its own Confidential Information of like importance and in no event less than a reasonable degree of care; and upon becoming aware of such inadvertent or unauthorized disclosure the Receiving Party has promptly notified the Disclosing Party thereof and taken all reasonable measures to mitigate the effects of such disclosure and to prevent further disclosure.
    • All liabilities for damage for any claim for rights raised by any third party shall be assumed by the Receiving Party and not by the Company, and you shall compensate the company for all losses and damages it incurs therefrom, including but not limited to economic losses and business losses.
    • You should not, send any confidential or proprietary information to the Company, unless required as per the applicable laws, notwithstanding the “Permitted Information” already submitted by you.
  2. FEEDBACK
    • You may, but are not required to, provide suggestions, comments, ideas, or know-how, in any form with respect to the services to the company (“Feedback”).
    • Any Feedback shall not be considered your confidential information and may be used by the company for any purpose. There shall be no obligation to provide compensation for use of Feedback.
  3. THIRD PARTY SITES
    • The Company’s Service may include links to other websites or services solely as a convenience to users (“Linked Sites”).
    • The Company does not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, the company makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
    • Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the company services are solely between you and such advertiser. You agree that the company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the company’s services.
    • The company may make changes to or discontinue any of the content or services available on its platform / website / application at any time, and without notice.
  4. FORCE MAJEURE
    • Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by acts of any government authorities, acts of God, fire, flood, explosion, pandemics, riots, war, rebellion, insurrection or other event beyond the reasonable control of that Party (“Force Majeure”).
  5. TERMINATION
    • These Terms and Conditions shall continue until such time as they are terminated by the Company in accordance with terms hereunder.
    • The Company may terminate these Terms with immediate effect without notice;
      • If a User or Expert breaches any terms and conditions of the Agreement;
      • In order to comply with any Applicable Law;
      • If a third-party reports violation of any of its right as a result of your use of the services;
      • The Company is unable to verify or authenticate any information provided to by a User/Expert;
      • The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User/Expert; or
      • The Company believes in its sole discretion that User’s/Expert’s actions may cause legal liability for such User/Expert, other Users/Experts or for the Company or are contrary to the interests of the Platform.
    • Once temporarily suspended, indefinitely suspended or terminated, the User/Expert may not continue to use the Website under the same account, a different account or re-register under a new account.
    • On termination of an account due to the reasons mentioned herein, such User/Expert shall no longer have access to data, messages, files and other material kept on the Website by such User. The User/Expert shall ensure that he/she has continuous backup of any medical services the User/Expert has rendered in order to comply with the User’s/Expert’s record keeping process and practices.
    • You agree that the Company may at its sole discretion may terminate any account (or any part thereof). In addition, the company reserves the right to discontinue any aspect of the Service at any time, including the right to discontinue the display of any licensed content, linked or embedded content, your Content or Third-Party content, either generally or in specific cases.
    • Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the company may have at law or in equity.
  6. DISCLAIMERS; NO WARRANTIES.
    • Without limiting any other provision of this section and in addition to all other provisions of this section, to the fullest extent permitted by applicable law, the Company expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, with respect to the services. The company makes no warranty that the services will meet your requirements, or that they will be uninterrupted, timely, secure, or error free. The company does not make any warranty or representation as to the use or the results that may be obtained from the use of their services.
    • You acknowledge that the services may be subject to operating errors or defects including, but not limited to loss of data, delays, non-deliveries, errors, system down time, mis-deliveries, network or system outages, file corruption, or service interruptions. No such event shall constitute a breach of this or any other contract on the part of the company, even if caused by the negligence or gross negligence of the company or any of its affiliates, employees, agents, licensors or subcontractors.
    • Certain state laws do not allow limitations or 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, in such cases, the company’s liability will be limited to the extent permitted by law.
  7. INDEMNIFICATION
    • You agree to indemnify and hold the company, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
    • The company reserves the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate and indemnify us in our defence of these claims.
  8. LIMITATION OF LIABILITY
    • Under no circumstances, including, but not limited to, negligence, shall the company or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable to you for any special, indirect, incidental, consequential, or exemplary damages that result from your use or the inability to use the company materials or the service itself, or any other interactions with the company, even if the company or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so, the above limitation or exclusion may not apply to you. In such cases, the company’s liability will be limited to the extent permitted by law.
    • In no event shall the company or its affiliates, contractors, employees, agents, or third-party partners or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the company services (whether in contract, tort, warranty, or otherwise) exceed the amount paid by you to the Company in lieu of certain Company Services.
    • These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than Belivme connect and received by you through or advertised on the company service or received by you through any links provided on the company service.
  9. GOVERNING LAW AND DISPUTE RESOLUTION
    • This Agreement shall be governed by the laws of the Republic of India.
    • In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration under the Indian Arbitration and Conciliation Act, 1996 including any amendments thereto. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. Courts in Bengaluru, Karnataka shall have exclusive jurisdiction with respect to the arbitration proceedings.
    • These Terms will be governed by and construed in accordance with the laws of the State of Karnataka and you submit to the exclusive jurisdiction of the courts located in Bengaluru for the resolution of any disputes.
  10. AMENDMENTS TO THESE CUSTOMER TERMS
    • The Company may amend the terms of these Customer Terms and shall keep you updated regarding such amendments.
    • We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
    • We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
    • These Terms were last updated on 8th June 2021.
  11. MISCELLANEOUS
    • Waiver: The provision(s) of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
    • Assignment: The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
    • Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.
    • No warranties: This Website is provided “as is,” with all faults, and the company makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
    • Rights cumulative: Subject to any express provision in these Customer Terms to the contrary, the rights, powers or remedies of a Party under these Customer Terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these Customer Terms or otherwise provided at law or in equity.