Terms and Conditions
The following are the Terms and Conditions (the "Agreement") between Davman Technology Services Private Limited (“Company”, “Juno Clinic”, “We”, “Our”, “Us”) that owns and operates the website www.juno.clinic (“Site” Or “Platform”)and persons/users who register on the site ("User", "Client" or "You") for the purposes of utilizing the services of the Company to find a Counsellor (as defined below) and use Counsellor Services(as defined below)through the Platform.
The Platform may be provided, be accessible or be available via multiple websites, devices, platforms and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website www.juno.clinic.
The Company offers this Site include all information, tools and services available on this Site to You conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
PLEASE NOTE: JUNO CLINIC IS NOT AND DOES NOT PROVIDE EMERGENCY SERVICES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 100 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 100, OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.
Please read these Terms and Conditions carefully before accessing and/or using the Site. By visiting, accessing or using any part of the Site and/or the Services provided therein, you agree to be bound by these Terms and Conditions, including those additional terms, conditions and policies referenced herein and/or available by hyperlinks. These Terms and Conditions apply to all Users of the Site. If you do not agree to all the terms and conditions herein, then you shall not access the Site and/or use any of the Services.
1. COUNSELLORS AND COUNSELLOR SERVICES
The website www.juno.clinic enables you to communicate with a counsellor, psychologist, psychiatrist, practitioner, professional, expert, coach, advisor or any other person (collectively "Counsellor(s)") for the purpose of getting counselling, information, advice or any other input, benefit or service (collectively "Counsellor Services").
All of the Counsellors who deliver Services through the Company are independent professionals responsible for the services each such Counsellor provides to you.
COUNSELLORS ARE NOT THE EMPLOYEES OR AGENTS OF JUNO CLINIC. Furthermore, we assume no responsibility for any act, omission or doing of any Counsellor.
We do not control the quality of the Counsellor Services and we do not determine whether any Counsellor is qualified to provide any specific service as well as whether a Counsellor is categorized correctly or matched correctly to you.
Your relationship relating to the Counsellor Services is strictly with the Counsellor. We are not involved in any way with the actual substance of that relationship or any part of the Counsellor Service (whether provided through the website or not), we do not validate or involved in any of the Counsellor Services.
In case you make a payment through the Platform, or make any payment to us, this payment is made for the Counselor Services, who are paid subsequently by Juno Clinic. We will not be deemed as the counselor of any Counselor Services regardless of payment.
We do not practice counselling or medicine or any other licensed profession, and does not interfere with the practice of medicine or counselling or any other licensed profession by Counsellors, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license, Juno Clinic operates the Site as an online platform.
We shall help you to appoint Counsellor to you to provide the Services stated herein and shall exercise our reasonable best efforts to provide the highest quality of service. However, we do not warrant that the quality of any of the Services, information and/or other material provided hereunder and/or obtained by You will meet Your expectations or that any errors in the Services will be corrected. Neither the Company nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Counsellor via the Services.
We make no representation or warranty whatsoever as to whether you will find the Counsellor Services relevant, useful, correct, relevant, satisfactory or suitable to your needs. In the event You have a complaint or grievance regarding any aspect of the Services provided hereunder, We hope You will be able to talk to Your Counsellor about it first. Our goal is to provide You with the best standard of care and Your welfare will always be a priority for the Company. However, You must always keep in mind that the Services provided hereunder are not based on face-to-face communication and there is a possibility, however rare, that a miscommunication may occur. In the event such a situation arises, We will exercise our reasonable best efforts to aid and assist You in resolving such a situation.
2. USE OF THE SITE/PLATFORM
The Site is as an online platform for facilitation of Counsellor Services by Counsellors, the site provides the following Services:
i. the facilitation of video or telephonic communications with the Counsellors
ii. the provision of appointment scheduling and reminders and other services for both our registered users and the Counsellors; and
iii. the provision of other information about Juno Clinic and our products and services through our Site.
As operators of the Platform, our role is strictly limited to facilitating the communication between you and the Counsellor and to enable or facilitate the provision of the Counsellor Services. It is up to you to consider and decide whether these services are appropriate for you or not.
THE PLATFORM DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY US.
The Services may change from time to time, at the sole discretion of Juno Clinic, and these Terms and Conditions will apply to your visit and use of the Site to avail the Services, as well as to all information provided by You on the Site at any given point in time.
We make no representation or warranty whatsoever as to whether you will find the Counsellor Services relevant, useful, correct, relevant, satisfactory or suitable to your needs.
You agree, confirm and acknowledge that although the Counsellor may provide the Counsellor Services through the Platform, we cannot assess whether the use of the Counsellor, the Counsellor Services or the Platform is right and suitable for your needs.
You agree, confirm and acknowledge that you are aware of the fact that the Counsellor Services are not a complete substitute for a face-to-face examination and/or session by a qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Counsellor Services. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counsellor, by face-to-face appointment, because of information or advice you received through the Platform.
The Platform may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
You are advised to exercise a high level of care and caution in the use of the Platform and the Counsellor services.
3. APPLICABILITY OF THESE TERMS
Your access to and use of the Services is conditioned on your compliance with these Terms and Conditions. By becoming a registered user and/or accessing and/or using the Services, the Site, or any portion of the Services or the Site, you agree to be bound by these Terms and Conditions and all applicable laws and regulations governing the Services.
If you do not agree with these Terms, you are not authorized to access or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular transactions are also posted in particular areas of the Site and, together with these general Terms and Conditions, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use the Site.
4. SITE CONTENT
To the extent counselling is provided to you by a Counsellor, such medical advice is based on Your personal health data as provided by You and the local standards of care for your presenting symptoms. Responses are not provided by Juno Clinic, but are provided by your Counsellor.
THE CONTENT ON THE SITE (OTHER THAN A DIRECT RESPONSE FROM A COUNSELLOR) 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 SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.
5. YOUR ROLE, REPRESENTATIONS AND RESPONSIBILITIES
During your online consultation with a Counsellor, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology.
The Counsellor Services you receive from Counsellors is not intended to replace or substitute a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Counsellor or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.
Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something You have read on the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. The Services provided hereunder and/or by the Counsellors are intended for general purposes only and not for emergencies/serious illnesses requiring physical consultation. Among the benefits of our Platform are improved access to mental healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of tele-counselling. These risks include, but may not be limited to:
Through the Platform, Counsellor Services are provided exclusively by Counsellors. Juno Clinic supports Counsellors by providing them with a license to our Juno Clinic intellectual property rights, including our patent pending inventions, trade secrets, copyrights, trademarks, service marks, trade dress and proprietary and confidential information, access Juno Clinic’s technology platform, and administrative services. However, under the Services, exclusive control and responsibility for the practice of medicine and delivery of Counsellor Services is reserved to Counsellors.
All Counsellors available through the Platform represent that they have degrees, licenses and/or certifications, as applicable, in the areas of psychology and/or psychiatry and/or counseling. Juno Clinic attempts to confirm the credentials of all Counsellors and to validate that they are in good standing with their respective licensure board(s). However, Juno Clinic makes no representation regarding the accuracy of Counsellors’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by Counsellors. In addition, changes in your Counsellor’s professional status could occur between the time we perform an initial credential check and the time you select your Counsellor. It is your responsibility to conduct independent verification regarding any Counsellor that provides you with Counsellor Services (whether through the Platform or not) and we strongly recommend that you will conduct this verification prior to communicating with any Counsellor through the Platform and on a continuous basis as you use the Platform.
Juno Clinic and Counsellors will rely on You to provide accurate and complete information throughout Your use of the Site and the Services provided therein in order to order to enable us to provide appropriate care to You. You also expressly agree that You shall immediately notify Your Counsellor as soon as You become aware of any critical change to Your information that You impact any treatment plan provided through the Site by the Counsellor.
By accepting these Terms and Conditions, you acknowledge that you understand and agree with the following:
- In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Counsellor;
- Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;
- In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other such unintentional errors;
- Although the electronic systems We use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information
You can send messages to your Counsellor by contacting Juno Clinic Customer Support at email@example.com. Emails or electronic messages to Customer Support or your Counsellors may not be returned immediately. If you are experiencing a medical emergency, you should immediately contact the nearest emergency hospital.
You agree and acknowledge that the Counsellor Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Your use of the Services.
In addition to the above, but without limitation, You agree that You will not do any of the following while using or accessing the Platform:
- You understand that you may expect the anticipated benefits from the use of counselling in your care, but that no results can be guaranteed or assured.
- Your Counsellor may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Counsellor Services to you through the Site.
FEES AND PAYMENTS - The duration of any Counsellor session would range from 20-60 minutes. You will be charged according to the therapist assigned to you.
- Upload, post, email or otherwise transmit any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content);
- upload, post, email or otherwise transmit any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- use the Platform or the Counsellor Services to collect or store personal data about other users without their express permission;
- knowingly include or use any false or inaccurate information in any profile;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;
- circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
- use any meta tags or other hidden text or metadata utilizing Juno Clinic name, trademark, URL or product name;
- attempt to probe, scan or test the vulnerability of any Juno Clinic system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
- attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
- use the Services in any way that competes with Juno Clinic, including, without limitation, misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit Counsellors, directly or indirectly; or
- encourage or instruct any other person or entity to do any of the foregoing.
CANCELLATION - If You want to cancel or reschedule your session then then please contact our Customer Support team at 022-3381-4194 or email them at firstname.lastname@example.org. They will help you with cancellation or Rescheduling.
REFUND POLICY : If You cancel the appointment atleast 6 hours before the session, then You will receive a full refund after notification of cancellation is provided to Customer Support team. To ensure a cancellation request is processed, the client must call a Customer Support team at 022-3381-4194 or email to email@example.com.
- You confirm and agree that all payment related information that you provided and will provide in the future, to or through the Platform, are accurate, current and correct and will continue to be accurate, current and correct.
- You confirm and agree to use only payment means (credit cards or others) which you are dully and fully authorized to use.
- You agree and commit to immediately notify us, including all the relevant details, in any case that you receive a service from a Counsellor not through the Platform or in any case that you are billed by a Counsellor not through the Platform.
- The applicable refund will be made within 7 days of receipt of the notice of cancellation.
- If the sessions couldn't be conducted because of technical glitch at our end, then the Client will receive a full refund within 7 days of the scheduled session.
- In case you not happy with your session, you are eligible for a 100% no questions asked refund or we could help connect you with another Counsellor better suited to your needs.
7. RESTRICTION ON THE USE OF THE PLATFORM BY CHILDREN
8. USER ACCOUNTS
In order to access the Platform and the Counsellor Services, You will be required to register on the Site. When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password, phone numbers, payment information and certain other information collected by us (collectively “Account Information”).
To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, You may not register to use our Services.
You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete and You shall, at all times, be solely responsible for the accuracy and/or completeness of Your information.
You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian).
You also must provide us with personal identification information, billing information, and certain other information, as specified in the Site. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account.
The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall We be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
You agree and confirm that your use of the Platform, including the Counsellor Services, are for your own personal use only and that you are not using neither the Platform nor the Counsellor Services for or behalf of any other person or organization.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counsellor Services) which were provided through the Platform; (e) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
By creating an Account and/or using Counselor Services on the Platform, You expressly consent to the use of (i) electronic means to complete these Terms and Conditions and accordingly to form a legal and binding contract between You and Juno Clinic and to provide You with any notices given pursuant these Terms and Conditions; and (ii) electronic means to store information/records related to these Terms and Conditions, any Account Information provided by You and/or any other information provided by You during the course of utilization of the Services. Juno Clinic cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
Juno Clinic reserves the right, in the event you breach these Term of Use stipulated herein, to suspend and/or terminate your access to the Site with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Platform. Upon suspension or termination, Your right to procure the Counsellor Services on the Platform shall immediately cease and we reserve the right to remove or delete your information that is available with Juno Clinic, including but not limited to Your login and Account Information.
Any suspension, termination, or cancellation will not affect your obligations to Juno Clinic 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 10(Ownership of Intellectual Property Rights), Section 12 (Third Party Websites; Interest-Based and Other Advertisements), Section 13 (Disclaimer of Warranties), Section 14 (Indemnity), Section 15 (Limitation of Liability), and Section 16 (Applicable Law) shall survive and remain in full force and effect, but the provisions of Section 11 (Your License to Use the Services) shall be suspended, terminated or cancelled, as the case may be.
Notwithstanding any such termination/suspension, Juno Clinic may, at its sole discretion, retain such information collected from You through the Site and/or the Services provided therein for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and/or applicable laws.
10. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The Services, the Site, and all information and/or content that you see, hear, or otherwise experience on the Site (collectively, “Content”) are protected by the Indian and international copyright, trademark and other laws. We own or have the license to use all of the intellectual property rights relating to Juno Clinic, the Services, the Site, and the Content, Yourrightincluding, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happened to be registered. You will not acquire any intellectual property rights in Juno Clinic by your use of the Services or the Site.
For the sake of brevity, it is expressly clarified herein that any and all Content including, but not limited to, user generated content and/or information collected directly or indirectly from Users and Counsellors shall belong solely and exclusively to Juno Clinic. Copying any such copyrighted Content from the Site for any purpose, whether commercial or otherwise, shall be a violation of Juno Clinic’s copyright and Juno Clinic reserves all its rights and remedies in law in relation to such violation.
11. YOUR LICENSE TO USE THE SERVICES
When you use our Services or Site you may access intellectual property rights that We or Our licensors own or license. Subject to Your compliance with the terms and conditions of these Terms, Juno Clinic grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Juno Clinic solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms and Conditions, without Juno Clinic’s express prior written consent. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Juno Clinic or its licensors, except for the licenses and rights expressly granted in these Terms and Conditions.
12. THIRD-PARTY WEBSITES; ADVERTISEMENTS
We may make available, on our Site and as part of our Services, links to third-party websites or resources from third parties on the Site. Juno Clinic is not responsible or liable for the availability or accuracy of, and Juno Clinic does not endorse, sponsor, or recommend such websites or resources, or the content, products, or services on or available from such websites or resources. When we make available such third-party links or resources on the Site or through the Services, you must look solely to the third party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided by others.
13. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel appointments if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your request for an appointment).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
14. DISCLAIMER OF WARRANTIES.
YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US. THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OPERABILITY, SECURITY, ACCURACY OF DATA, SYSTEM INTEGRATION FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT ITSELF PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENTBUT IS ANPLATFORM THAT PROVIDES YOU WITH HELP BY ENABLING COUNSELLORS TO USE THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE COUNSELLORS USING THE SITE WILL HAVE COMPLETE AUTHORITY, RESPONSIBILITY, SUPERVISION, AND CONTROL OVER THE PROVISION OF ALL MEDICAL SERVICES, ADVICE, INSTRUCTIONS, TREATMENT DECISIONS, AND OTHER PROFESSIONAL HEALTH CARE SERVICES PERFORMED, AND THAT ALL DIAGNOSES, TREATMENTS, PROCEDURES, AND OTHER PROFESSIONAL HEALTH CARE SERVICES WILL BE PROVIDED AND PERFORMED EXCLUSIVELY BY OR UNDER THE SUPERVISION OF COUNSELLORS, IN THEIR SOLE DISCRETION, AS THEY DEEM APPROPRIATE.
WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE PLATFORM, THE COUNSELLORS OR THE COUNSELLOR SERVICES.
YOU HEREBY RELEASE US AND AGREES TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELLOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE PLATFORM.
JUNO CLINIC AND ITS LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY JUNO CLINIC WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND SITE CONTENT ARE DEVELOPED FOR USE IN INDIA AND JUNO CLINIC AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR SITE CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
You will indemnify, defend, and hold harmless Juno Clinic, Counsellors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
Juno Clinic reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will cooperate with us in asserting any available defenses.
- your access to or use of the Services, the Site, or the Content;
- your violation of any of the provisions of these Terms and Conditions;
- any activity related to your Account by You or any other person accessing the Site or Services through your Account, including, without limitation, negligent or wrongful conduct; or
- your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
16. LIMITATION OF LIABILITY
YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN 3 (THREE) MONTHS AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
JUNO CLINIC OR COUNSELLORS FROM WHOM YOU RECEIVE COUNSELLOR SERVICESON THIS PLATFORM MAY BE REQUIRED TO REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A PATIENT IS LIKELY TO HARM OTHERS OR HIMSELF/HERSELF AND IN NO EVENT SHALL JUNO CLINICOR COUNSELLORSBE LIABLE FOR SUCH DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
17. APPLICABLE LAW AND DISPUTE SETTLEMENT
Any dispute, claim or controversy arising out of or relating to this Terms and Conditions, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Platform or the Counselor Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Juno Clinic. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Subject to the foregoing, these Terms and Conditions shall be governed by and construed in accordance with the laws of India. You consent to the jurisdiction of the courts of Mumbai, Maharashtra, for any and all disputes arising under or in connection with this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
18. CHANGES TO THESE TERMS
We reserve the right to change our Terms and Conditions at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Site. Your continued use of our Services or the Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.
Should one or more provisions of these Terms and Conditions be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms and Conditions, which will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.
Last Updated - 14-April-2018