TERMS AND CONDITIONS
(Last Updated 11th, November, 2020)
Welcome to Richpsych.com
Richpsych.com is owned and controlled by PSYCH RICH WELLNESS LLP (hereinafter “Rich Psych”). These are the terms and conditions that you must agree with to use the services offered at Richpsych.com. This agreement is between You and Rich Psych. By checking terms and conditions box, you declare that you “have read and understood and that you agree to the Terms and Conditions of Rich Psych” and are entering into an agreement with Rich Psych.
YOU SHOULD READ THE AGREEMENT CAREFULLY AND IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CHECK THE BOX OR CONTINUE WITH USING THE SERVICES OF RICH PSYCH. BY CHECKING THE TERMS AND CONDITIONS BOX, YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OLD OR THAT YOU ARE ABLE TO ENTER INTO A CONTRACT LEGALLY.
Rich Psych can modify these Terms and Conditions or any of its parts at its sole discretion. You are encouraged to check the Terms and Conditions frequently and that you would be bound by the modified Terms and Conditions.
Your access to and use of the Rich Psych’s Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you should discontinue using Rich Psych services.
1.1. User: The word ‘User’ would stand for all those who are using the services of Rich Psych to seek counselling from the Counsellors. The word ‘You’ or ‘Your’ can also be used for the ‘User’, interchangeably, in this document.
1.2. Counsellor: The word ‘Counsellor’ would stand for qualified counsellors, life coaches, medical professionals, therapists or mental health professionals who are registered on Rich Psych to give their professional services.
1.3. Rich Psych: The word ‘We’, ‘Us’, or ‘Our’ shall be used to refer to Rich Psych and its directors, employees, partners, agents, suppliers, or affiliates.
2. Purchases, Payment, Plans and Promotions:
2.1.1. If you wish to purchase any product or service made available through Rich Psych, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit/debit card number and the expiration date of your credit/debit card.
2.1.2. You represent and warrant that you have the legal right to use any credit card(s)/ debit card(s) or another payment method(s) that are accepted by Rich Psych in connection with any Purchase/Purchases.
2.1.3. By submitting such information, you grant Rich Psych the right to provide the information to third parties/platform facilitators for purposes of facilitating the completion of Purchase/Purchases.
2.2.1. The User, who wishes to take the services of a Counsellor, pays amount equivalent to the cost displayed for the particular plan on Richpsych.com. The amount varies from plan to plan and the charges can be changed without prior information.
2.2.2. The amount paid by the user for the services is used to compensate Rich Psych for its software development, administrative and maintenance cost and various other overheads, expenses, fees, etc., including the transaction fees for credit/debit card usage. Also, a set part of the payment is remitted to the Counsellors for providing their counselling services to you.
2.2.3. The amount charged by Rich Psych is only and only for the services it provides as a Platform and in no way for any direct Counselling services, which are only provided by the Counsellors i.e. registered counsellors on Rich Psych.
2.2.4. Rich Psych does not save any of your credit/debit card information on the website.
2.2.5. All payments are subject to prevailing currency exchange rates.
2.3.1. Any plan purchased is activated from the date and time of purchase. All plans have validity and expire as per the duration mentioned against them. The User must adhere to the validity/duration of the plans and the appointment dates and time that the User chooses. In case of rescheduling or delay, the User must notify the Counsellor through Rich Psych.
2.3.2. In case, the user fails to use the purchased plan during the validity period of the plan, there is no provision to use the same plan at another time. Such a plan would be deemed as complete and no refunds or reschedules are allowed.
2.3.3. You understand and agree that all sessions whether chat or Audio-Video are subject to the availability of the counsellor and Rich Psych only serves as a ‘connecting’ and ‘facilitating’ platform and has no role to play in the actual counselling sessions.
2.3.4. Additionally, the products or services offered through Rich Psych are subject to availability.
2.4.1. Promotions in the form of coupons are valid for limited time only.
2.4.2. A Coupon is valid only for the qualifying product/service against which the coupon is issued or displayed.
2.4.3. Rich Psych reserves the right to cancel, change or modify coupons at any time.
3. Rescheduling, Cancellation and Refund:
3.1.1. RESCHEDULING CAN BE DONE ONLY UPTILL 24 HOURS BEFORE THE ACTUAL SCHEDULED SESSION AND CAN ONLY BE DONE BY THE CLIENT. In case of a reschedule, the client must notify the Counsellor as much in advance.
3.1.2. The rescheduling of sessions can also be mutually decided between the counsellor and the client and executed by the client. However, this is an internal matter between the two and Rich Psych is only a facilitating platform in this regard.
3.1.3. If due to some unforeseen situation, the Counsellor cannot attend the session, the Counsellor must inform us as much in advance at firstname.lastname@example.org.
3.1.4. In case a session is not rescheduled before 24 hours for the scheduled session, and the User does not show up for the session or initiates rescheduling, the session will be deemed complete. After this, the User is not entitled to any refund or rescheduling of such a session.
3.1.5. After the Plan validity is over, a 2-day window is available for addressing issues regarding the plan (if any). In case of technical difficulties such as, but not limited to, difficulty in getting connected, Rich Psych will look into the matter and provide a reschedule, only at its sole discretion and genuineness of the matter. In such cases, Rich Psych will allow reschedules by providing additional Audio/Video Sessions or extending the validity of the plan.
3.1.6. However, after 2 days, no issue/ complain will be addressed and the Plan will be deemed complete.
3.2. Cancellation and Refund:
3.2.1. We do not offer cancellations or refunds. However, in the case a user is unable to access the services post making the payment due to a technical issue, they may send an email to us at email@example.com. We will review each such request on case-by-case basis and may refund the amount paid if we deem fit. Rich Psych’s decision on any such matter will be final and binding.
3.2.2. Rich Psych reserves the right to refuse or cancel your order or refuse its services at any time for certain reasons including but not limited to product or service unavailability, errors in the description or price of the product or service, error in your order or other reasons. Rich Psych also reserves the right to refuse or cancel your order if intention or process of crime or fraud or an unauthorized or illegal transaction is suspected.
4. Counselling Services:
4.1. Rich Psych provides a platform where users can connect and communicate with Service Providers i.e. qualified counsellors, life coaches, medical professionals or therapists (together “Counsellor”) and request to get advice or help.
4.2. In this Regard, it should be clear that Rich Psych only serves as a “facilitator” and a “platform” for users to get access to counsellors, life coaches, medical professionals or therapists who have registered on Rich Psych to offer their services in an online mode.
4.3. Rich Psych is only acting as a ‘facilitator’ in the counselling process, and the actual delivery of counselling services is the sole responsibility of the ‘’Counsellor’’ who provides them.
4.4. It should be clear, that the ’’Counsellors’’ are independent service providers and in no way employees of Rich Psych. Additionally, they are neither our agents nor representatives.
4.5. Before enlisting a Counsellor, Rich Psych exercises a limited and reasonable due diligence and background check and accepts the information provided by a Counsellor on its face value and on good faith. Thus, Rich Psych does not offer any warranty as to qualification, quality or genuineness of any Counsellor. Rich Psych does not verify the genuineness of qualifications or claims made by any Counsellor. Additionally, the Counsellors qualifications may vary in terms of minimum requirements from country to country, region to region and definition of the laws prevailing there.
4.6. Regarding the Counsellor, it is the absolute responsibility and the absolute choice of the User. The User is wholly responsible for the Counsellor they choose to interact with and Rich Psych holds no responsibility for it. Additionally, the choice of counsellor is also subject to the availability of counsellors.
4.7. If the User feels that the services provided by a “Counsellor” do not meet your needs or expectations, the User can change to another counsellor who provides services through Rich Psych.
4.8. You agree not to hold us responsible, for any damages or losses or trauma resulting directly or indirectly from interaction with a Counsellor found or made available through Rich Psych.
4.9. Additionally, Rich Psych takes no guarantee or warranty of the efficiency of the Counsellors and the effectiveness of their services; whether the user finds the services and advice of the Counsellor useful, helpful, satisfactory and accurate to the User’s expectations and questions.
4.10. Rich Psych does not endorse or validate the services of any of the registered Counsellors, which also remains confidential between the Counsellor and the User. Whatever reviews are present on Richpsych.com about a Counsellor are based on User reviews and not Rich Psych’s reviews or recommendations. The User does not hold Rich Psych responsible for these reviews as they are exclusively based on other Users’ opinions.
4.11. Regarding the Counsellors, the User’s relationship is strictly with the Counsellors alone. Rich Psych does not interfere in the User-Counsellor relationship, unless acting on a particular complaint and thus advocating on your behalf.
4.12. Thus, you take the responsibility for Your decision to use Rich Psych as a connecting platform and the choice of Your counsellor. Rich Psych is only a platform that facilitates the communication and is not involved in the counselling relationship between You and the Counsellor.
4.13. You also understand and agree not to contact Rich Psych Counsellors outside of the Rich Psych Counselling Platform, and Rich Psych cannot be held responsible for conduct of the Counsellor whether contacted through Richpsych.com or otherwise.
4.15. It is also the responsibility of the user to check the License/Certification or other relevant documents required for the delivery of services as counsellor, in the Licensing Authority or Board as may be applicable to the country or state of the therapist. It is strongly advised and recommended that the user independently verify the qualifications and credentials of the counsellor from whom the user is planning to seek advice or with whom the user is already in touch and seeking help.
4.16. WHILE WE HOPE THE COUNSELLING SERVICES ARE HELPFUL TO YOU, YOU UNDERSTAND AND AGREE THAT THE INFORMATION, ADVICE, OR SUGGESTIONS PROVIDED BY THE COUNSELLORS MAY NOT BE APPROPRIATE FOR CERTAIN PROBLEMS/SITUATIONS AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE OR AN IN-PERSON MEETING WITH MENTAL HEALTH PROFESSIONALS.
4.17. ADDITIONALLY, RICH PSYCH IS NOT INTENDED FOR SITUATIONS WHERE DRUG OR MEDICAL TREATMENT IS APPROPRIATE AND REQUIRED. IT IS ALSO NOT INTENDED FOR AN IN-PERSON EVALUATION THAT YOU MAY REQUIRE FOR AN OFFICIAL PURPOSE SUCH AS, BUT NOT LIMITED TO, COURT–ORDERED COUNSELLING.
HENCE, DO NOT DELAY, AVOID OR IGNORE GETTING IN-PERSON CARE FROM A MENTAL HEALTH PROFESSIONAL BECAUSE OF THE INFORMATION, ADVICE, OR SUGGESTIONS YOU RECEIVED FROM COUNSELLORS ON RICH PSYCH, AS RICH PSYCH ADVOCATES A HOLISTIC APPROACH TO WELL-BEING.
4.18. IN CASE YOU ARE THINKING OF COMMITTING SUICIDE OR HARMING YOURSELF OR OTHERS IN ANY WAY OR ARE IN A MEDICAL EMERGENCY, PLEASE DO NOT USE THIS PLATFORM AS IT DOES NOT PROVIDE EMERGENCY SERVICES. PLEASE IMMEDIATELY CALL THE RELEVANT EMERGENCY NUMBER IN THE COUNTRY YOU RESIDE IN AND/OR THE EMERGENCY MEDICAL SERVICES AND ALSO NOTIFY THE POLICE OR OTHER COMPETENT AUTHORITY IN YOUR JURISDICTION. DUE TO THE VERY NATURE OF SERVICES BEING PROVIDED AND GEOGRAPHICAL LIMITATION, RICH PSYCH DOES NOT HAVE ANY LEGAL OBLIGATION OR OTHERWISE TO INFORM ANY PERSON IN THIS RESPECT. IT IS CLARIFIED THAT RICH PSYCH DOES NOT OBLIGE OR REQUIRE COUNSELLORS TO DISCLOSE ANY INFORMATION DISCLOSED BY YOU TO THE THEM, WHICH REMAINS CONFIDENTIAL BETWEEN YOU AND YOURCHOOSEN COUNSELLOR.
5. Limitation of Liability:
5.1. You understand and agree that in no event shall Rich Psych, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any user or any third party for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, court fees, attorneys’ fees or other intangible losses, resulting from (i) Your access to or use of or inability to access or use Richpsych.com; (ii) any conduct or content of any third party on Rich Psych; (iii) any content obtained from Rich Psych; and (iv) unauthorized access, use or alteration of the user’s transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Rich Psych have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
5.2. You further understand and agree that: 1) Rich Psych, its directors, employees, partners, agents, suppliers, or affiliates’ aggregate liability for damages arising with respect to this agreement and any or all use of the site will not exceed the total amount of money paid by the you to Rich Psych in the one month period prior to the date the claim arose; 2) Rich Psych disclaims any liability with respect to any claim, suit or action brought by a counsellor in connection with payment for services by the user. You agree to indemnify, defend and hold Rich Psych harmless in connection with any such claim. The preceding limitations and exclusions will apply regardless of whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Rich Psych have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
5.3. In no event shall Rich Psych, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, court costs, attorneys’ fees, loss of profits, data- use, goodwill, or other intangible losses, resulting from a DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA RICHPSYCH.COM.
5.4. In no event shall Rich Psych, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, court costs, attorneys’ fees, loss of profits, data, use, goodwill, or other intangible losses, resulting from any acts, opinions, advice, suggestions, information, omissions or services of counsellors registered on Rich Psych.
5.5. If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive termination or expiration of this agreement.
6. User Accounts, Conduct and Use:
6.1. When you create an account with Richpsych.com, you must provide Rich Psych information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on Richpsych.com.
6.2. You are responsible for safeguarding the password that You use to access Richpsych.com and for any activities or actions under Your password, whether Your password is with Rich Psych or a third-party service.
6.3. Rich Psych 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. Rich Psych will hold you liable and responsible for any losses incurred by Rich Psych due to someone else’s use of your account or password.
6.4. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
6.5. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
6.6. By submitting the User registration form, You, the User, represent, warrant and agree to the following:
- i. You are at least 18 years of age and that you are authorized to sign and submit the Counselling registration form on behalf of yourself or on behalf of the person that you represent and bind him or her.
- ii. You are solely, exclusively and fully liable for all conduct, postings and transmissions that are made under your user name and password.
- iii. You shall not attempt to damage or impair the services of Rich Psych or disrupt its operations by any method, such as, but not limited to, Viruses, Worms, Trojan horses, or spamming.
- iv. You shall not attempt an unauthorized access to any User accounts by means of hacking, password mining or any other means.
- v. You shall not create more than one User account on Rich Psych.
- vi. You shall not use the services of Rich Psych in an unlawful manner or for an unlawful or illegitimate purpose.
- vii. You understand the ‘Human Logic’ of proper usage of such an online platform like Richpsych.com. Your intention to use Richpsych.com must be valid, in good faith and legitimate. The phrase ‘Human Logic’ means that Rich Psych offers a platform where people can seek help from other human beings, and therefore, remain subject to human behaviour.
- viii. You are required to respect and protect the privacy of other users and counsellors at all times.
- ix. You shall desist from using offensive language, threats, and expression of any other form of bias and shall not intimidate, harass or bully any User or Counsellor.
- x. You shall not post any hateful, violent, threatening or pornographic content, in any form.
- xi. Violation of any of the above terms, may lead to termination of your account without any notice.
7. Availability, Errors and Inaccuracies:
7.1. Rich Psych is constantly updating its offerings of products and services on Richpsych.com. The products or services offered on Rich Psych may be mispriced, described inaccurately, or unavailable, and Rich Psych may experience delays in updating information on Richpsych.com and in the advertising on other websites.
7.2. Rich Psych cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Rich Psych reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
8. Intellectual Property:
8.1. Richpsych.com and all the content, features and functionality available on or through it will remain the exclusive property of Rich Psych. Rich Psych is protected by copyright, trademark, and other laws of India. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Rich Psych.
8.2. You agree not to reproduce, distribute, sell, circulate, disclose or publish the content that you receive through Rich Psych to third parties. All material that is available for download from Rich Psych is copyrighted and is the sole property of Rich Psych.
9. Links to Other Web Sites:
9.1. Richpsych.com may contain links to third-party web sites or services that are not owned or controlled by Rich Psych.
9.2. Rich Psych has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Rich Psych shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
9.3. Rich Psych strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
10.1. Rich Psych may modify, terminate, suspend or discontinue the platform or any part of the platform or the use of the platform, at any time, without any prior notice to you.
10.2. Rich Psych may modify, terminate, suspend or discontinue your account or all Users accounts, without any prior notice or liability, for any reason whatsoever, including without limitation if the User breaches the terms of this contract in any way.
10.3. You agree not to hold Rich Psych liable for any damages or losses caused while carrying out the above mentioned actions.
10.4. Upon termination, your right to use Richpsych.com will cease immediately. If you wish to terminate your account, you may simply deactivate your account and discontinue using Richpsych.com. By deactivating your account, you would no longer be able to login.
11.1. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
11.2. While we make viable efforts to make the Platform reliable and accessible, you understand that no platform can be 100 percent reliable, accessible and error-free at all times. In this regard, Rich Psych, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects (if any) will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
11.3. You understand and agree, not to hold Rich Psych and its affiliates liable or responsible for any damage, loss or liability caused as a result of failures in telecommunication services, internet services, or your misuse of any information, advice, instructions or guidelines accessed through Rich Psych.
11.4. Having mentioned the above, you agree that your use of the Platform is at your sole risk.
12. Governing Law and Jurisdiction:
12.1. These Terms shall be governed and construed in accordance with Indian law, without regard to its conflict of law provisions. The contract between a User and Rich Psych shall be deemed to have been entered into at Dehradun, India, and courts at Dehradun, Uttarakhand, India alone will have jurisdiction over any disputes that arise out of or in relation to the relationship between a User and Rich Psych or any other case involving Rich Psych.
12.2. Rich Psych’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by an authorized court of Justice and Law, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Rich Psych and User regarding Rich Psych’s Service(s) and supersede and replace any prior agreements Rich Psych might have had with the User regarding the Service.
13.1. Rich Psych reserves the right, at our sole discretion, to modify or replace these Terms at any time. You are advised to frequently check the Terms and Conditions and are solely responsible for it. Rich Psych will not provide any notice prior to any new terms taking effect. What constitutes a material change will be determined at Rich Psych’s sole discretion.
13.2. By continuing to access or use Rich Psych Service(s) after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, we advise you to stop using Rich Psych Service(s).
14. Contact us:
14.1. If you have any questions about these Terms, please contact us at firstname.lastname@example.org