TERMS OF USE -

TERMS OF USE

Palasia Healthcare OPC Private Limited (“Theraverse®”/We”/ “Us”/ “Our”) is engaged in the business of providing a comprehensive one stop solution for mental health and holistic wellness offering a range of options from medical treatment to lifestyle solutions (“Services”) to patients. This document describes and governs the terms and conditions (“Terms”) with respect to the Services related information made available through either the website at https://theraverse.in (“Website”) and the mobile application that is made available to you (“Application”) from time to time (the Website and Application shall be collectively referred to as “Platform”). These Terms apply to you, if you are – a medical practitioner or health care provider wishing to partner with or have already partnered with Us, including designated, authorized associates of such practitioners or a patient, his/her representatives or affiliates; or otherwise, a user of the Website. (who shall hereinafter be referred to as “You”, “Your” “User” as applicable)

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE PLATFORM, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT APPLY.

Please note that Theraverse reserves the right to revise this Terms at any time by posting an update to this page. Your continued use of the Platform or Services following the posting of changes to these Terms will mean you accept those changes. If you do not agree with any of the Terms, you must not continue to use the Platform. Theraverse reserves the right, in its sole discretion, to determine if you have violated the Terms and to take any action it deems appropriate. You acknowledge that Theraverse shall have the right to terminate your access to the Platform or Services for violations of any of these rules, including repeat infringement of copyrights.

Accessing the Platform

It is your responsibility to ensure that you have made all necessary arrangements in order to access the Platform. We shall not be responsible for any telephone bills, internet charges or any other costs incurred by you in order to access the Platform. You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and the other applicable terms and conditions/policies mentioned, and comply with them.
By using the Platform, you represent and warrant that:

You are at least 18 years old;
You have the lawful authority and capacity to contract and be bound by these Terms;
You will comply with all applicable laws and regulations.

These Terms are subject to change at any time without notice. To make sure you are aware of any changes, please review these Terms periodically. Continued use of the Platform after any such changes shall constitute your consent to such changes.

Use of Services and/or the Platform

Theraverse grants you a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Platform, solely for your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform shall be subject to the following representations and warranties:
(a) You may only access the Platform using authorized and lawful means;
(b) We shall not be liable for any failure or default to provide access to the Platform on account of any failure or delay by you to register with the Platform for such access or due to any other reasons whatsoever;
Any configuration or set up of the devices for access to the Platform shall be your sole responsibility.
Theraverse provides on its Platform a list of healthcare providers ie. psychiatrists and psychologists who have been vetted by Us (“Practitioners”), for telehealth consultations. However Theraverse does not make any representations or guarantees with respect to the quality of consultation, treatment/therapy, or results in any manner whatsoever. All patients who chose to use the Services shall do so at their own sole risk and Theraverse shall not be held liable for any actions or omissions on the part of the Practitioner in any manner whatsoever. Any and all such matters and claims relating to the same shall lie solely between the patient and the concerned Practitioner. Theraverse may however, at its sole discretion, take action against any Practitioner if it so deems fit based on any complaints or claims made by Users.
Theraverse may, through its employees contractors partners or licensors or otherwise via the website provide you with certain information. Theraverse does not provide any guarantees, representations, or warranties whether expressed or implied with respect to the professional qualifications, quality of work, expertise or other information provided on the Platform. Theraverse shall not be liable in any event for any decision made or action taken by you in reliance with such information.
Theraverse collects, stores, processes and uses your information in accordance with its Privacy Policy available at https://theraverse.in/privacy-policy (“Privacy Policy”). By using the Platform and/or availing the Services, you will be required to provide your Personal Information (as defined in the Privacy Policy). You will not take any action that interferes with, degrades or adversely affects Theraverse and/or the Platform.
If Theraverse determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Theraverse reserves the right to immediately suspend your access to the Website or any of your accounts with Theraverse. You hereby undertake to indemnify Theraverse for any losses incurred as a result of your misinterpretations or fraudulent feedback that has adversely affected Theraverse or its Users.
You will not use the Platform in a manner that: (i) is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) will violate or tamper with the security of the Platform.
You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libelous, obscene, illegal or deceptive content. The content you post must not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content and it is not spam or randomly generated. It must not contain any unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); Content must not be pornographic, must not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
You will not attempt to gain unauthorized access to any information connected to the Platform/Services, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to you.
You shall be solely responsible for: (i) procuring and maintaining your network connections and telecommunications links, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

Booking appointments & Consultations

Theraverse allows the Users to book appointments with Practitioners through the Platform. Theraverse shall not be liable for any cancelation of booking by a Practitioner or in the event of unavailability of a Practitioner.
In the event that a User obtains telehealth consultations from a Practitioner via the Platform, Theraverse shall reserve the right to store the online records of such conversations and other data exchanged between the User and the Practitioner during the course of the consultation. Such data shall be stored by Theraverse in accordance with its Privacy Policy and applicable laws of the land including but not limited to Telemedicine Guidelines of India, 2020.
It is hereby clarified that Theraverse is not responsible for any interactions or diagnosis between the User and the Practitioner whatsoever. User understands and agrees that Theraverse will not be liable for (i) the inability of the Practitioner in fulfilling their obligations towards Users; (ii) wrong medication or quality of treatment being given by Practitioner(s) or medical negligence on their part; (iii) any misconduct or inappropriate behavior on the part of the Practitioner; (iv) cancellation or no show by the Practitioner resulting in rescheduling of booked appointment or any change in the consideration payable/paid.

Cancellation and Refund Policy

The User shall have the option to cancel or reschedule the appointment, provided that such cancellation/rescheduling is done atleast 48 hours prior to the appointment. Refunds maybe issued to the User at the sole discretion of Theraverse on a case to case basis. Any User who does not cancel his/her appointment atleast 48 hours in advance shall not be eligible for refunds whatsoever.

Fees and Payment

The Users shall pay a fee for the Services availed on the Platform. This fee amount shall consist of a commission that is levied by the Platform for the use of the Platform and consultation charges. Please note that the consultation charges are fixed by each individual Practitioner and may therefore vary. Theraverse does not control or regulate the same in any manner. Any requests for refund may be sent to support@theraverse.in and the same shall be addressed on a case-to-case basis by Theraverse at its sole discretion.

Theraverse reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. By booking an appointment through our Website/Application, you agree to pay the applicable consultation fees.

Indemnification

By accepting these Terms and using the Platform and availing the Services, you agree that you shall defend, indemnify and hold Theraverse, its directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms any applicable law or regulation; (ii) any loss or injury to Theraverse’s representatives resulting from or attributable to your acts or omissions; (iii) misuse of the Platform; (iv) your violation . of rights of any third party; (v) violation of your rights by any of the Practitioners on the Platform; or (vi) any and all third-party claims based upon (A) the content of any communications transmitted by you; and/or (B) transactions undertaken by you.

Limitation of Liability

To the maximum extent permitted by law, Theraverse shall provide the information relating to the Services without warranties, guarantees or representations. Theraverse shall assume no responsibility and shall not be liable for any loss or damage which may affect your computer equipment or other equipment/property arising out of your use of the Platform or access to or browsing of the Platform.

Under no circumstances will Theraverse be liable to you for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages whether or not foreseen, lost profits, or damages resulting from lost data or business interruption) on account of your use, misuse, or reliance on the information relating to Services, provided on the Platform. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this Terms or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if Theraverse has been advised of the possibility of such damages.

We explicitly disclaim any and all liability for any the following:

(a) errors, mistakes or inaccuracies of the content displayed on the Platform;

(b) personal injury or property damage of any nature whatsoever, resulting from use of the Platform or Services for any alleged or actual damages or loss of valuables;

(d) any harm, damages, loss, physical or mental injury or any other adverse consequence that is attributable to the advise or actions of a Practitioner enlisted on the Platform;

(e) any failure or delay in the Services;

(f) any loss or damage arising out of your failure to adhere to your obligations under the Terms; and

(g) user content or the defamatory, offensive, or illegal conduct of any third party with respect to any content on the Platform.

YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND/OR AVAILING ANY SERVICES REMAINS SOLELY WITH YOU.

Disclaimers and Warranties

The content in the Platform is provided to you strictly on an “as is” basis. Notwithstanding anything contained in these Terms, Theraverse does not warrant that the Platform: (i) will perform error-free or uninterrupted, or that Theraverse will correct all or any errors or defects (ii) will operate in combination with your devices, or with any other hardware, software, systems or data not provided by Theraverse, (iii) will meet your requirements, specifications or expectations, (iv) information/content on the Platform will be updated on a day-to-day basis.

Theraverse further acknowledges that it does not control the transfer of data over communications facilities, including the internet, and that the Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.

Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions on the Platform constitute your agreement and intent to be bound by this Terms.

Fees and Payment

Once You have availed our Services, you cannot request for a refund. We have a strict no-refund policy on the same and by availing our Services, you hereby agree to be bound by it.

General

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform.

These Terms together with the Privacy Policy published by us on the Platform/Services, and the Patient Onboarding Agreement which shall be entered into for availing our Services, shall constitute the entire agreement between you and Theraverse concerning the Platform/Services.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Content on the Platform

The Practitioners may create and post original content comprising text, audio, video, image, data or any combination of the same by uploading it onto the Platform. Users please note that the content uploaded on the Platform does not constitute medical advice and may not be construed as such by any person.

The Practitioners hereby acknowledge that they are the original creators/authors of the content uploaded by them onto the Platform and that no content uploaded by them would constitute/constitutes infringement of intellectual property rights of any other person. Theraverse reserves the right to remove any content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Practitioner agrees to absolve Theraverse from and indemnify Theraverse against all claims that may arise as a result of any third-party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the Platform.

Practitioner shall ensure that the content or any further responses to the content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Practitioner should ensure that the content is not invasive of any other person’s privacy, or otherwise contains any elements that are hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful or in violation of applicable laws in any manner whatsoever. Theraverse reserves the right to remove any content which it may determine at its own discretion is violative of these Terms or any law or statute in force at the time. Also, the Practitioner agrees to absolve Theraverse from and indemnify Theraverse against all claims that may arise as a result of any legal claim arising from the nature of the content posted by the Practitioner on the Platform.

Theraverse shall have the right to edit or remove the content and any comments in such manner as it may deem fit at any time.

Governing Law

These Terms, their subject matter and any non-contractual disputes or claims are governed by the Indian Laws and you agree to the exclusive jurisdiction of the courts of Chennai, India.

Theraverse reserves the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, consider this to be necessary.

Intellectual Property Rights

he trademarks, service marks, and logos used and displayed by the Theraverse, in any manner on the Platform or in any of the content are Theraverse’s registered or unregistered proprietary rights worldwide. Further the trademarks, service marks, and logos used and displayed belonging to the Platform’s users, advertisers, or third parties as displayed on the Platform are the owned by such users, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same.

Such propriety trademarks or logos belonging to Theraverse or its suppliers, advertisers, any users or third parties are protected pursuant to applicable laws. All rights are reserved and you may not alter or obscure the such proprietary mark or name or logos, or link to them without the prior approval of Theraverse or the respective owners of such proprietary mark.

All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, Services, vests with Theraverse. The Platform contains proprietary and confidential information. You agree that you shall not use such proprietary information and other materials provided or used by the Platform, in any way whatsoever except for use of the Platform and the Service in accordance with these Terms. No portion of the Platform shall be reproduced in any form by you.

If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Theraverse. Theraverse will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Theraverse will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Theraverse or others. In the case of such termination, Theraverse will have no obligation to provide a refund of any amounts previously paid to Theraverse.

Third-party links

Theraverse reserves the right to display advertisements on the Platform and such advertisements may contain links to third-party websites. Your access of such third-party website is purely at your own risk and Theraverse shall not be liable or responsible actions of such third-party. The terms and privacy policy of such third-party website will be different from Theraverse’s and we encourage you to read through the same before accessing such website as a prudent practice.

Theraverse may also provide the Users with links re-directing them to external third-party websites for the purchase of certain medicines based on the prescription of the Practitioners on a case-to-case basis. Users hereby acknowledge that these Terms shall not be applicable to such third-party website and the Users are advised to review the terms of use of such website before using the same. Your use of such websites are solely at your own risk and Theraverse shall not be held liable or responsible in any manner whatsoever.

CONTACT DETAILS

In case of any questions, queries, feedback, comments, or concerns about any of the terms of this Terms, you are requested to contact us through e-mail at contactus@theraverse.in or by mail then to:

Palasia Healthcare (OPC) Private Limited,
11/12, Circuit House Road, Kamaraj Road,
Coimbatore, Tamil Nadu, India – 641018

By clicking on “I Accept” button, you agree and acknowledge that you have read these Terms, understood its contents, and have chosen to execute it on your own free will and these Terms is made in good faith and is fair and reasonable and shall be binding upon you, once executed.