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Terms of Service

THOUGHT PUDDING: TERMS OF SERVICE

These Terms and Conditions constitute an electronic record as per the provisions of Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These “Terms and conditions” are between THOUGHT PUDDING  (hereinafter referred as Thought Pudding/We/Us/Our/Company) and USER (hereinafter referred as You/Your/Users).

Please read the Terms and Condition along with privacy policy of the company (“Privacy Policy”) with respect to registration with us and for using our Website, Application, Services, and other such Products of the Company. In event of any discrepancy between Terms of any other policies with respect to Website, Application, Services and other such Products, the provisions of this Terms and Conditions shall prevail.

Your use/access/browsing of the Application or Website or the Services or products or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.

If You do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services or products. Any access to our Services/Application/products through registrations/subscription is non-transferable.

  1. ABOUT THOUGHT PUDDING

    1. The domain name, Website, Application and other Products are owned, registered and operated by Thought Pudding LLP, incorporated under the (Indian) Companies Act, 2013 and having registered office at C-91, Neelamber Apts Pitampura City Delhi North West Delhi-110034. The company is involved in the business of connecting individual/ user/ with the mental health counselors who provides counseling and therapy service, educating the user about the mental health, online and offline counselling and psychotherapy services.

  2. USER ELIGIBILITY

    1. Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services.

    2. As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents.

    3. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors).

    4. The Company reserves the right to terminate Your subscription.

    5. In order to access the features of Thought Pudding, User may have to create an account upon the platform. While doing so, user will have to provide certain information, which shall not be false or inaccurate, and liability with regard to such information shall be individual.

    6. Any breach of security or unauthorized use of account shall be immediately informed to Thought Pudding. The Company reserves the right to terminate Your subscription.

 

  1. THOUGHT PUDDING PLATFORM

    1. Terms and Conditions mentioned herein shall be applicable to all Users including mental health professionals who agree to work with the company.

    2. Thought Pudding is an online platform where we share evidence based practices for mental health/illnesses, provide psychotherapy services by connecting users to counselling and clinical psychologists and share stories as well as news around mental health.

    3. Thought Pudding may contain certain third party website which may or may not be owned or controlled by company. Company has no control over and assumes no liabilities for their content, Terms of use, privacy policies and other such regulation. Hence, you relieve Thought Pudding from any and all liability arising from your use of any third party website or services.

    4. You agree and acknowledges that Thought Pudding shall have right at any time to change or discontinue any aspect or feature of its platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, Thought Pudding may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Thought Pudding reserves the right to refuse access to the Thought Pudding Platform, terminate Accounts, remove or edit contents without any notice to You.

 

  1. COPYRIGHT, OWNERSHIP AND OTHER INTELLECTUAL PROPERTY RIGHTS:

    1. Any blog, photographs, video or movie, audio clips, and all such e-documents (or any other such form) that is uploaded on the website shall be the property of the company i.e. Thought Pudding, unless otherwise expressly agreed. In case of uploading of any data or information that might have criminal implications or in violation of IPC or any other law of the land; you will assume all criminal and civil liabilities.

    2. Thought Pudding may use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such photograph, Audio and video clips, graphics, e-document and other such material in any and all media or distribution methods (now known or later developed) as per its need. The User shall never claim any right or any royalty with respect to things mentioned above.

 

  1. PERMISSION AND RESTRICTION TO USER

Your use of our platform is solely for your personal and non-commercial use. Any contrary use of platform or other such product is strictly prohibited. The personal and non-commercial use of platform by the User shall be subject to following restrictions:

  1. You shall not decompile, reverse engineer, or disassemble the contents of the platform or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the platform, or remove any copyright, trademark registration, or other proprietary notices from the contents of the platform.

  2. You shall not use this platform to advertise or sell any product or services whether for profit or not. Your use shall not in any way be unlawful or harmful for Company or any other person or entity relating to company.

  3. You shall not post or make available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

  4. You shall not indulge into Stalking, intimidating and/or harassing another and/or inciting other to commit violence.

  5. You shall not transmit any material that encourages anyone to commit a criminal offence, which results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

  6. You shall not interfere with any other person's use or enjoyment of the Application/Website/Services.

  7. You shall not transmit or store electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else.

  8. You shall not make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content.

  9. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.

  10. You shall not Post, transmit or make available any material that contains viruses, worms, spyware, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.

  11. Your use of platform shall not damage, disable or overburden any of the platform’s server or networks and shall not modify or alter any part of services. This includes non-interference with security related features.

  12. While using Thought Pudding platform, you will abide by all applicable laws and regulations at all times.

 

  1. CONTENT ON THOUGHT PUDDING PLATFORM

    1. You understand that our platform is for awareness, education and access to credible, evidence-based resources. Hence, any failure to obtain/ achieve the desire result shall not be responsibility of Company. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such teaching or information. Opinion and other statement expressed by users or bloggers are their alone, not the opinion of the Thought Pudding and hence its accuracy and completeness are not endorsed or guaranteed by the company or us.

    2. Content uploaded by user with regard to their involvement on the platform shall be intellectual property of Company as stated in ‘Copyright, Ownership and other Intellectual Property Rights’ clause.

    3. Please note that Thought Pudding has taken all precaution while developing its Platform and Services, nevertheless, inadvertent mistake does occur. Company disclaim any responsibility of such error, however, any feedback in friendly terms are most welcome. It has to be noted that it is upon company’s discretion to make such changes or not.

 

  1. REGISTRATION AND EFFECT

    1. For availing the services provided by us, you required to get registered with us and provide such information as required by us for effective services.

    2. Once you get registered upon our platform, the Company may contact you through your mobile number, or email address provided by you for effective services. You thereby permit us for such uses.

    3. You agree with such other uses of your data and information as per ‘Privacy Policy’.

 

  1. CONFIDENTIALITY AND TRADE SECRET

User hereby agrees and acknowledges Thought Pudding possesses certain non-public Confidential Information and Trade Secret Information with respect to its business operation and developments. You agree that these Confidential Information and Trade Secret Information are secret and valuable to Company, and hence shall not in any case disclose such information to any third party,

 

  1. LIMITATION OF LIABILITY AND INDEMNITY

In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.

 

  1. TERMINATION OF ACCOUNT

    1. Company reserves the right to decide whether user’s action or inaction is violating Terms and Conditions of Thought Pudding’s Platform.

    2. Company may suspend the access to platform for time being for the reason of unauthorized access or if any demand for such suspension has been made to the company.

    3. In event of illegal use of platform, company may terminate the access and may also disclose your account information if required by any Governmental or legal authority.

 

  1. FORCE MAJURE

Thought Pudding shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.

 

  1. GOVERNING LAWS AND ITS APPLICATION

    1. In accordance with Information Technology Act, 2000, and concerned Rules, User shall not post any information or messages that are, or that may be construed, as being malicious, defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which they do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of their postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.

    2. Certain laws require keeping record of data with respect to Thought Pudding platform and other personal information in a prescribed format and Thought Pudding will use all the information to the extent require in compliance with the applicable laws and may be directed or amended from time to time.

    3. The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principle and you irrevocable and unconditionally submit to the exclusive jurisdiction of the court located in New Delhi, India.

 

  1. MODIFICATION

Thought Pudding may, in its sole discretion, modify or revise these Terms and Conditions and Policies at any time and User agrees to be bound by such modifications and revisions. Using Thought Pudding website or its platform post such modification will be construed as your consent and acceptance of such amendments or modifications.

 

  1. GENERAL PROVISIONS

    1. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

    2. All notices or communication to the company to be served at below address or e- mailed to the following address:

Email us at hello@thoughtpudding.com

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  1. Any failure by the Company to enforce or exercise any provision of the Terms and Conditions, or any related or acquired right, shall not constitute a waiver by the Company of that provision or right.

  2. User acknowledges that their uses of platform does not and will never make (until made via separate contract) them an employee or agency or partnership or joint venture or franchise of the Company. 

  3. Thought Pudding provides these Terms so that Users are aware of the terms that apply to them while using its platform. User acknowledges that, the Company has given them a reasonable opportunity to review these Terms and that they have agreed to them.

 

  1. WARRANTY:

All information, content, materials, and services included on or otherwise made available to you are provided by the company on an "AS IS" and "AS AVAILABLE" basis, unless otherwise specified in writing. Thought pudding disclaims all representations or warranties, express or implied, with respect to the operation of company, including without limitation, any express or implied representation or warranty of merchantability or fitness for a particular purpose. If applicable law does not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In no event will company or its directors, officers, employees, agents or other representatives be liable for any indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to the company.

  1. DISCLAIMER:

THE ADVICE OR INFORMATION PROVIDED BY EXPERTS VIA THE WEBSITE IS PROVIDED FOR INFORMATION PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR EXAMINATION BY A DOCTOR OR OTHER MENTAL HEALTH PROFESSIONAL. YOU ARE ADVISED STRONGLY AGAINST RELYING SOLELY ON, OR MAKE DECISIONS BASED SOLELY ON ADVICE PROVIDED BY ANY EXPERT.

YOU UNDERSTAND AND AGREE THAT ALTHOUGH AN EXPERT MAY BE A COUNSELLOR, THERAPIST OR OTHER MENTAL HEALTH PROFESSIONAL. THOUGHT PUDDING DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONSULTATION AND THERAPY SERVICES RENDERED BY AN EXPERT TO YOU THROUGH THE WEBSITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE DECISION TO ACCESS A EXPERT THROUGH THE WEBSITE AND TO CONTINUE TO INTERACT WITH SUCH INDIVIDUAL(S), AND THAT THE ROLE OF THOUGHT PUDDING IS STRICTLY LIMITED TO PROVIDING ACCESS TO SUCH EXPERTS TO 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 HOSPITAL OR HEALTH CARE PROVIDER.

THE WEBSITE IS NOT A SUICIDE HELPLINE PLATFORM. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MAY DISCONTINUE USE OF THE SERVICES IMMEDIATELY AT YOUR DISCRETION AND PLEASE NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL. IF YOU ARE THINKING ABOUT SUICIDE, IMMEDIATELY CALL A SUICIDE PREVENTION HELPLINE SUCH AS AASRA (91-22-27546669).

 

YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE AND AVAILING OF SERVICES ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. THOUGHTPUDDING IS NOT, AND WILL NOT IN ANY MANNER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

THOUGHT PUDDING

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