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Terms & Conditions

Introduction

1.       These Member Terms and Conditions (this "Agreement") apply to all users ("you" or "Member") who access and/or use the platform for on-line advice and professional consulting services ("Expert Platform") available at www.KayaWell.com.Site Provider platform facilitates discovery and communication with Professionals via online message and audio or video chat along with Direct Office Visit, among other services ("Site Access Benefits"). Members can choose from a selection of payment models depending on their needs.

2.       This Agreement applies with respect to a Member's access and/or use of the Expert Platform regardless of where such Expert Platform is made available. In addition to the Sites, the Expert Platform, or a portion thereof, may also be made available via third party websites. If you have accessed the Expert Platform, or any portion thereof, via a website operated, managed, maintained or controlled by a third party, your use of such website may be subject to terms and conditions imposed by such third party. Site Provider is not responsible or liable for any terms, conditions, policies, acts or omissions of any such third parties.

3.   This Agreement sets forth and contains the terms and conditions between you and Site Provider.

 

IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS  AGREEMENT, DO NOT CONTINUE TO USE ANY PORTION OF THIS SITE.

4.       Site Provider may modify this Agreement or any part hereof at any time as may be required for the provisions of services on the Sites and for other legitimate business purposes. Site Provider will use commercially reasonable efforts to inform you of any material changes to this Agreement. However, Member is encouraged to check the terms of this Agreement frequently. By using the Expert Platform or a Site (including maintaining your account) after any modifications to this Agreement have been made, Member agrees to be bound by such modified Agreement.

5.       The Expert Platform allows Members to find an Expert and ask questions or request advice and/or services directly from such Expert. Site Provider, via the Expert Platform, enables a Member to communicate directly with the Expert and pay for the services purchased by the Member from such Expert (each a "Transaction"). Each Member is solely responsible for every Transaction occurring under his or her account. See also User Name and Password

6.       Member acknowledges and agrees that Experts are neither employees nor agents nor representatives of Site Provider, and Site Provider assumes no responsibility for any act or omission of any such Expert.

7.       As further described in this Agreement, Site Provider makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Expert Platform or the Sites, (b) the willingness or ability of any Expert to give advice, (c) whether the Member shall find an Expert's advice relevant, useful, accurate or satisfactory, (d) whether the advice of the Expert will be responsive or relevant to the Member's question, or (e) whether the Expert's advice will otherwise be suitable to the Member's needs. Site

8.       Provider takes no responsibility for verifying the skills, degrees, qualifications, credentials or background of any Experts. It is strongly recommended that the Member independently verify the skills, degrees, qualifications, credentials and background of each Expert from whom he or she receives or contemplates to receive advice or services. A complementary audio or video call is provided to the Member to further establish the direct verification and suitability of the Expert.

9.       The Expert Platform and Sites may contain financial information provided by third parties. Such content is provided for informational purposes only and is not intended, and should not be used, for trade or investment purposes. Furthermore, the Expert Platform and Sites may include bulletin boards which allow Members to post questions to Experts regarding various topics and allow Experts to volunteer answers to such questions. AS NOTED IN THIS AGREEMENT, SITE PROVIDER DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR EXPERT ADVICE PROVIDED AND SITE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

10.   Information furnished by Experts is intended for general information purposes or entertainment purposes only. Any consultation with an Expert via the Expert Platform cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Experts. Any reliance on such information is done at the Member's full and sole risk and liability.

Disclaimer of Warranty

1.       Site Provider does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, expertise, claims or background of any Expert or any opinion, response, advice, prediction, recommendation, information or other service provided by any Expert.

2.       Nothing contained in this Agreement, on the Expert Platform, on any Site, on any third party site or provided otherwise shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to (a) any Expert; (b) the Expert Platform; (c) any opinion, response, advice, prediction, recommendation, information or other service provided by any Expert or otherwise made available on the Expert Platform; or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any content or anything otherwise said or written by any Expert, including any biographical information, qualifications, or other information spoken by any Expert or contained in or made available on the Expert Platform, any Site, any blog or any other forum.

3.       MEMBER ACKNOWLEDGES AND AGREES THAT THE SITES AND EXPERT PLATFORM ARE PROVIDED "AS IS", AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST SITE PROVIDER, ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE, THE EXPERT PLATFORM OR ANY EXPERT. THE USE OF A SITE AND THE EXPERT PLATFORM IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, SITE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY

4.       Site Provider expressly disclaims all representations and warranties related to information posted or transmitted by Experts. If a Member decides to rely on information provided by an Expert, Member must exercise a high level of care. The Member shall not have any claim or demand against Site Provider, its affiliates, and/or any of the foregoing's officers, directors, shareholders, employees, sub-contractors and/or agents with respect to any service or advice Member receives, uses and/or relies on. Site Provider will not be deemed the provider of any Expert's services or other information acquired through the Expert Platform or the sites. The purchase of the services of any Expert is entirely at the Member's sole risk. 

5.       Site Provider does not assume, and will not be liable for: (1) the accuracy or availability of any site or the Expert Platform; or (2) any damages or injury arising from or related to any Site, the Expert Platform and/or any opinion, response, advice, prediction, recommendation, information and/or other service provided or not provided by any Expert.

 

Member Affirmation, Conduct and Use

By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:

1.       You are at least 18 years of age or a legally organized entity, and that you are authorized to submit a Member registration, or that you are authorized to represent the person who is submitting a Member registration, and that you are authorized to sign the Member registration form on behalf of yourself or on behalf of the person that you represent and bind him or her.

2.       The information furnished by you in the registration form is accurate, true, current and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.

3.       You are solely and fully liable for all conduct, postings and transmissions that are made under your user name and password.

4.       You are solely responsible for verifying the Expert's identity, qualifications, credentials, biographic information, licenses held and other information.

5.       Site Provider is not involved in any transactions between you and any Expert.

6.       Site Provider takes no responsibility for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the Experts.

7.       Site Provider does not control the quality, relevance or accuracy of any advice provided by an Expert, and Site Provider does not determine whether any Expert is qualified to provide any specific advice, whether an Expert is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postings on the Expert Platform or a Site or any transmissions through the foregoing by a Member or an Expert is accurate, correct, relevant or appropriate.

8.       You hereby grant Site Provider an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a world-wide basis, any information or content that you post, transmit, deliver or receive via the Expert Platform, a Site or otherwise from or to an Expert.

9.       All interactions between you and an Expert will be billed through the Expert Platform membership plan in effect that you choose, regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon in the Membership Plan with an Expert while using the Sites and to pay to Site Provider all fees for services rendered to you by Experts.

10.   Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on any Site. Site Provider also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the Member feedback system.

11.   Member will not interfere with or disrupt, or attempt to interfere with or disrupt, any Site Provider servers, networks or equipment connected to a Site.

12.   Member will not transmit, upload, email, post or otherwise make available through the Service or any Site: (A) any "junk mail", "spam", or any other types of unsolicited email or bulletin board postings; or (B) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.

13.   Member will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by Site Provider.

14.   Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.

15.   Member will not transmit, upload, email, post or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or code; or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.

16.   Site Provider enables the transfer of files between Members and Experts. When opening such file attachments received from Experts it is the Member's responsibility to scan them with an anti-virus software application prior to opening them.

17.   Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.

18.   Member will not stalk, threaten or harass any Expert or Member or infringe upon or attempt to infringe upon their privacy.

19.   Site Provider may elect, but is not required, to review the Member's personal profile and amend any typing or spelling errors. Site Provider does not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. Without derogating from the above or any other term of this Agreement, Site Provider may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member and/or remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing a Site and/or Site Provider's services, including reliance on its accuracy, reliability or legality.

Fees and Payment

1.       Member shall ensure that all Paytm, cash or credit card and payment information presented by Member is accurate and correct and kept updated at all times and that Member is fully authorized to use such credit card and payment information for purposes of paying for services made available via the Expert Platform.

2.       Member is solely responsible for paying all fees incurred for the use of the Expert Platform, including each Transaction under the Member's account. See also User Name and Password. Member shall also be responsible to reimburse Site Provider for any expenses incurred by Site Provider to collect fees, including but not limited to any fees resulting from incorrect credit card information or fees incurred under a Member's account disputed in violation of this Agreement.

3.       Member is obligated to report to Site Provider in cases when he or she was billed directly by an Expert (i.e. not through Site Provider). Such report should include a description of the service that was rendered by the Expert and the price charged.

4.       While Members are solely responsible and liable for all uses of the Expert Platform (including, but not limited to, the selection of Experts, communications with Experts and fee arrangements with Experts), and while Members assume the risk that any communications with an Expert may or may not address a Member's questions or otherwise be satisfactory, relevant or acceptable to the Member, in certain limited circumstances Site Provider may elect to refund a payment made by a Member for a communication session with an Expert.

User Name and Password

1.       When you, the Member, create and open an account with Site Provider, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account.

2.       You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time.

3.       You will immediately notify Site Provider of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. Site Provider encourages Member to change their password at least once a month.

4.       Site Provider will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. Site Provider will hold you liable and responsible for any losses incurred by Site Provider due to someone else's use of your account or password.

Links

1.       The Sites may contain links or other content related to web sites, products and/or services offered by third parties. Site Provider has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party.

2.       The Member acknowledges and agrees that Site Provider is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto.

3.       The Member warrants and agrees that Site Provider will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Si

4.       te Provider encourages the Member to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.

Modifications and Termination of Services

1.       Site Provider reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to Member. Member agrees that Site Provider shall not be liable to Member or to any third party for any modification or discontinuance of any service offered by Site Provider, or for any losses or damages that may result to Member or any third party from such discontinuation or interruption of service.

2.       Site Provider's services depend on various factors such as software, hardware and communications networks of Site Provider, its contractors and suppliers. Site Provider does not guarantee that Site Provider's service will be uninterrupted or that it will be timely, secure or error-free.

3.       Site Provider, in its sole discretion and for any reason, may terminate Member's participation in the services and refuse any and all current or future use by Member of the Sites.

Site Provider Intellectual Property

1.       The Sites contain copyrighted material, trade secrets and proprietary information owned by Site Provider or its licensors. This Agreement does not grant to the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or any material or information appearing on the Sites or any services offered by Site Provider. The Member may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of Site Provider or its licensors. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites.

2.       The Member may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Site Provider or its licensors, or take any other action that infringes upon or impairs Site Provider's trademark or other intellectual property rights.

3.       Site Provider or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Site Provider or its suppliers shall retain all ownership rights in and to all content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.

Copyright Policy

1.       Site Provider respects the intellectual property of others, and we ask our users to do the same.

2.       Site Provider may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

3.       If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Site Provider's Copyright Agent the following information:

a.       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b.       a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

c.        a description of where the material that you claim is infringing is located on the Site, including the URL;

d.       your address, telephone number, and email address;

e.       a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f.         a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Limited License

Site Provider grants Member a limited, nonexclusive, revocable right to use the Sites provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.

 

Violation

You may report any violation of this Agreement to the KayaWell team.


Payment Policy:


1.       Payment(s) through this Service can be made through Paytm, Credit Card, Debit card or Net Banking.

2.     Before using this Service, it is recommended that the user shall make a necessary enquiry about the charges or fees payable against the used Credit/Debit Card from their respective Bank (Debit/Card service provider).

3.       The credit card information provided by the user at the time of using the service is processed by the payment gateway of the service provider and is not stored at KayaWell. 

4.       It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in the resolution of any disputes that may arise out of usage of the service.

5.     The Applicant agrees, understands and confirms that his/ her personal data and other details relating to debit card/ credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud, that KayaWell or the Payment Service Provider(s) have no control over such matters.

 

Cancellation Policy:

Ø  KayaWell Cancellation Policy is only applicable when Payments are made Online through the portal.

Ø  For the bookings that are pending for the confirmation, there won’t be any cancellation charges except the transaction fee which is payable of an amount approximately 2% in most of the banks.

Ø  Before booking an appointment with experts make sure that if those experts allow Cancellation or not.

Ø  If Cancellation allowed for confirmed bookings, there would be 25% deduction as cancellation charge in the refund amount if the time remaining for allotted time is more than 72 hours from the time of cancellation, 50% charge if time remaining is between 48 hours and 72 hours, 75% charge if time remaining is between 24 hours and 48 hours and if the time remaining is less than 24 hours, then no amount will be refunded.

 

Refund Policy:

1. KayaWell Refund policy is only applicable when Payments are made Online through the portal.

2. Members will be entitled to a 100% refund of payment if the cancellation of the appointment or any plan is attributable to KayaWell or the Expert.

3. Members are also entitled to a 100% refund of the payment if it is not confirmed or decline till the booking time by concern Expert.

4. In the event of dishonour of booking by any Expert or Organization (Processed by KayaWell), a full refund of the Fees would be processed within seventy-two (72) hours. The refund would be credited to the member within seven (7) working days of the dishonour of bookings.

5. If Expert declined the booking, then whole payment/fees will be refunded with no extra charges imposed like transaction charge since KayaWell will bear that solely. 

Payment Policy:

Ø  Only after a complete and onsite verification and confirmation, the concerned Expert or Organization will be entitled to receive the online payments.

Ø  The payment or fees received from the members would be processed into the KayaWell merchant account first and after a period of 15 Days, the balance amount after every payment, cancellation or refund will be transferred to the Expert’s specified account with the statement.

Ø  Payment will be transferred only if concerned service is rendered and marked completed by the Experts with a proper prescription.

 

Cancellation Policy:

Ø  In any case of cancellation or decline, a proper reason should be mentioned by the expert.

Ø  Expert can cancel or decline the appointment before 24 hours of the booking time if it is not confirmed.

Ø  Expert can cancel or decline the appointment at any time before 24 hours of the booking if the appointment is booked with payment mode “Cash On Counter” and is in confirmed state.

Ø  In case of the online payment, Expert can’t cancel the confirmed booking and if for any reason expert is not able to provide the services, then there would be a penalty of the amount equal to their fees.

Ø  If Expert doesn’t respond to the booking until the very end or before 8 hours, then there would be a 50% penalty of the amount of their fees.

Ø  Repeated cancellations or decline or dishonour of the confirmed bookings can cause heavy penalties and can be blacklisted from KayaWell.