General
In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.clovemind.com (“Website”) and www.sal-foundation.com (“Website”) and/or Mobile Application.
These terms and conditions (“Terms of Service”) shall govern Your access to and use of the services however accessed, as well as any and all information of whatever kind and nature appearing on the Website, Mobile Application, Chatbots, toll free numbers or otherwise available through the various modes of interactions with Company (“Services”).
Please read these Terms of Service carefully before using the Website and/or Application, Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms of Services. By accessing the Website or Mobile Application, or using the Services in any way, You agree to and are hereby bound by these Terms of Service. If You do not agree to all the terms and conditions contained herein, do not use the Services, or access them through the Online platforms. Unless explicitly stated otherwise, any new features which may be added to the Services, including the release of new services, version updates, or capabilities, are subject to these Terms of Service.
Definitions
Company
“Clove”, “Salubrium”, “SAL”, “SAL Foundation”, “Company”, “Firm”, “we”, “our”, “us”, “Service Provider” or similar terminology are all in reference to Salubrium Private Limited as a provider of Services or its partners, affiliates or agents for the remainder of this document.
This Mobile Application and all the webpages, hyperlinks, tools, Web based or, chatbot, Toll Free Numbers and Services provided there under is owned and/or operated under license by Salubrium Private Limited (hereafter referred to as, “Company”), a company incorporated under The Companies Act 2013 with its registered office at A/16, Bhatia Nagar, Shantilal Modi Road, Opp. ICICI Bank, Kandivali West, Mumbai – 400067. The Company is not a non-profit organization.
User
“Client”, “User”, “You”, “Your” or other similar terminology are all in reference to you as the user of the platform as a recipient of our products, services and resources for the remainder of this document and shall mean the following:
Mental Health Professional
“Counsellor”, “Psychiatrist”, “Psychological Wellness Practitioner”, “Psychological Wellness Professional”, “Wellness Professional”, “medical practitioner”, “therapist”, “wellness advisor”, “expert”, “doctor”, “coach”, “consultant”, “alternative therapist” or similar terminology used for mental health professionals and caregivers are all in reference to you as the user of the platform to deliver services and resources to the Psychological Wellness Practitioner shall mean the following for the remainder of this document –
Mental Health Volunteer
“Listener”, or similar terminology used for volunteers who agree to the Terms & Conditions, the Training & Practice guidelines, and Onboard themselves to use Mobile app, Website and/or our online platforms or otherwise access Our Website and/or application.
Platform
“Platform” or similar terminology are all in reference to any mobile app, website, chatbot or web links that the User can employ to access Services provided by the Company.
Alert
“Alerts” or “Alerts Facility” mean the customized messages based on Triggers, sent as Short Messaging Service (“SMS”) over mobile phone or as message via Email to the User.
Nature of Service
Clove is a psychological wellness platform that delivers emotional wellness Services to individuals and organisations. These include, but are not restricted to, corporate wellness programmes through which employees of organisations avail various Services.
Clove offerings may include/are:
The Services offered by Clove are in compliance with our client anonymity and confidentiality policies (refer to Privacy Policy). Clove reserves the right to add or remove products and Services from its overall offerings without prior notification. The aforementioned shall hereinafter be referred to as “Services”.
Account Enrolment
One needs a Clove account to access our Services. You may create your own Clove client/therapist/or listener account. You agree to hold only one client or therapist or listener account.
As a Clove Registered User you will receive access to certain sections, features and functions of the Products that may be not available to non-registered users. By agreeing to register you will be given an option to choose so as to receive occasional promotional codes, special offers, marketing, and survey communication emails with respect to the products & Services. You can easily unsubscribe by marking the opt-out option at the time of enrolment.
You would be required to provide certain personal details to deliver personalized content, products & services. You agree to provide true, accurate, current and complete information about yourself. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then the Company may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Mobile Application, Website and the Services (or any portion thereof) permanently. If there is any change in the information provided by you, you will be required to promptly update such Account information to keep it true, accurate, current, and complete. It will be your responsibility to maintain confidentiality of your account, password, and other user information for preventing unauthorized access. If you have a reason to believe that your account has been accessed without your consent, you are required to inform us immediately on customercare@clovemind.com, We may cooperate with you in case of such unauthorized access, but We will not be liable for any damage or loss to any one as a result of such unauthorized access or use of your account.
In the course of your use of the Services, Salubrium and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order keep providing you with a seamless appointment booking experience and prevent it from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Salubrium and Salubrium’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
Our obligation to provide the Services only comes into being when we take receipt of your Order, We shall confirm your Order and send you an email to confirm your transaction. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, the transaction will remain pending.
The Company
When You register on the Mobile Application / Website, your personal information will be registered automatically in Our database which will be maintained and used by the Website and/or Mobile Application in accordance with the Privacy Policy.
User Agreement
Users, as may be approved by the Company, shall have the right to use the Service provided by Company via its Online platforms.
By choosing to visit and/or avail any Services and/or product and/or resource from Clove, the user confirms that they are above 18 years of age and are not otherwise incompetent to contract under the Indian Contract Act, 1872 and are legally allowed to take decisions of their own. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India. The user also accepts and agrees to our Terms and Conditions (hereafter referred to as “User Agreement”) and those additional terms and conditions and policies referenced herein and/or available by hyperlinks.
Please read the User Agreement carefully. The terms in the User Agreement are in effect upon your using or availing Services, resources or any product from the platform. Accessing the Service/platform on any medium, including but not limited to mobile phones, smartphones and tablets, is also subject to the terms of the User Agreement.
We reserve the right to add, modify or remove sections from the User Agreement at any point in time during the course of the agreement with no prior notice. Continuing to use the Clove platform, purchase or delivery of any Service, resource or product, forms an obligatory legal agreement between the user and Clove. Liability to review the User Agreement from time to time lies with the user. Continuation of the use of the platform after revision of the User Agreement will be deemed to be an acceptance of the revised terms.
Alerts
The Alerts would be generated by the Company and will be sent to User via the SMS gateway provider and/or via alerts@clovemind.com on User’s mobile number/email provided to the Company and the delivery of the alert would be entirely based on the service availability of the service provider and connectivity with other cellular circles.
Alerts will be implemented in a phased manner and the Company may at a later stage, as and when feasible, add more Alerts. The Company may, at its discretion, from time to time change the features of any Alert.
The Company will try to provide the facility on a best effort basis but shall not be liable for any non-delivery or delayed delivery of Alerts, error, loss or distortion in transmission of Alerts to the User.
Each Alert may contain certain personal information relating to the User. The User authorizes the Company to send such information,
The User accepts that all information /Instructions /Triggers will be transmitted to and /or stored at various locations and be accessed by personnel of the Company (and its affiliates/agents). The Company is authorised to provide any information or details relating to User or their transactions to any service providers so far as is necessary to give effect to any instructions/ Triggers.
Disclaimer
The Services provided on this Mobile Application / Website are here to inform the reader on emotional wellbeing and mental health care that may affect one’s daily lives. The content on this Platform is meant solely for information purposes and does not constitute care or treatment and is not meant to substitute any advice provided by practitioners. This Website and/or Mobile Application are not intended to pass any form of judgment of a wellness, health care or mental health care professional. We connect with like-minded individuals, organizations, experts, and coaches. We will also connect You to the ecosystem of natural health (through individuals, organizations, experts, coaches who offer products & services for the well-being of the human mind), so that making daily assured choices around mental health is easier.
THE SERVICES ARE NOT INTENDED TO DIAGNOSE MENTAL HEALTH PROBLEMS OR TO TAKE THE PLACE OF PROFESSIONAL MEDICAL CARE. THE INFORMATION CONTAINED HEREIN IS NEITHER INTENDED TO DICTATE WHAT CONSTITUTES REASONABLE, APPROPRIATE OR BEST CARE FOR ANY GIVEN HEALTH ISSUE, NOR IS IT INTENDED TO BE USED AS A SUBSTITUTE FOR THE INDEPENDENT JUDGMENT OF A PHYSICIAN FOR ANY GIVEN HEALTH ISSUE. THE WEBSITE AND/OR MOBILE APPLICATION DO NOT IN ANY MANNER CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT.
All content, including text, graphics, images and information, contained on or available through this Website are for general information purposes only.
The information contained herein is to provide information to You so that You can become a knowledgeable participant in Your mental health & well-being journey or the mental health & well-being plan of Your family and friends. The primary responsibility of Your mental health & well-being journey is with You being open to seek help. You should only follow Your treating physician’s advice. It is Our appeal to You, DO NOT change/modify Your line of treatment on Your own without consulting Your treating physicians. This Mobile Application / Website does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned as content.
Self-help information and information from the internet is useful, but it is not a substitute for professional advice. The Mobile Application / Website advises all of You to seek immediate professional help outside this mobile application/website: If You have thoughts of killing (or otherwise harming) yourself or others; If You are gravely disabled (unable to care for yourself or those in your care); If You are abusing substances or have an addiction; If You or someone else is in any danger of harm; If You have been diagnosed with a mental health disorder or suspect You have one; If You or a loved one are in need of an intervention.
The Platform and/or the Services may not be appropriate for all health issues, particularly those of an urgent nature, and the Platform makes no guarantee of any particular response time to any inquiry You may make. Accordingly, if You are experiencing a medical emergency, You should not rely on these Platforms for assistance, but should instead seek appropriate emergency medical assistance. For all consultations including medical consultations in particular, before acting on any of the advice offered in/through the app or site, You should confirm that such action is applicable and suitable to You, by referring to Your own medical practitioner or by obtaining a second and third opinion of other medical practitioners. The limitations associated with consultations or other services and extensive investigations are hereby accepted and agreed to by You.
YOU FURTHER ABSOLVE FROM ALL LIABILITY, THE COMPANY AND ITS MANAGERS, DIRECTORS, DOCTORS, MODERATORS, ASSOCIATE CONSULTANTS, VOLUNTEERS, EMPLOYEES, AGENTS, PARTNERS, ADVERTISERS AND/ OR AFFILIATES FROM ANY LEGAL RESPONSIBILITY FOR ANY INCORRECT OR MISLEADING INFORMATION PROVIDED BY ANY PERSON PROFESSIONAL OR CONTAINED WITHIN THE PLATFORM – WEBSITE/AND OR MOBILE APPLICATIONS.
We may disclose your personally identifiable and other information to third parties, as follows: – To our subsidiaries or affiliates, to our advisors and to third party associate consultants and volunteers whom we engage to provide products and services on our behalf, including, but not limited to services, payment processing services and 3rd party video conferencing applications and telecom operators.
Unless you elect to remain anonymous, your name will be displayed in certain portions of our Platform, for example, in connection with a blog you may write or chat with our Chatbots in the future or interact with our web based or mobile based application in the future;
If you include any personally identifiable information in material you post, any person who visits our Platform may be able to identify you and your activities on our Platform. From time to time, we may disclose aggregate information about users of the Platform to service providers, partners, advertisers or others, but such information will not include personally identifiable information. Except as described above, we do not rent, sell or otherwise provide your personally identifiable information to third parties for marketing purposes.
Applicability of Terms
The general terms and conditions in the User Agreement are applicable to all present and future contracts established between the user and Clove.
This User Agreement applies to all users of the platform, including without limitation users who are browsers, associates, listeners, volunteers, vendors, clients, merchants, and/or contributors of content.
By availing any of our Services, the user irrevocably accepts all the obligations stipulated in the User Agreement, Terms of Service and Privacy Policy, other policies referenced herein; and agrees to abide by them. The User Agreement supersedes any previous oral or written terms and conditions that may have been communicated to you.
The Services and the information made available on these Platform is derived in whole or in part from various sources and due care and caution has been exercised in compilation of data, however We do not guarantee the accuracy, adequacy or completeness of any information and shall not be responsible for any errors or omissions or for the results obtained from the use of such information. This Platform permits You to use the Services/information/content solely for Your personal, non-commercial use.
Our listings of Practitioners do not represent any fixed objective ranking or endorsement by Us. We will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. In no event will We be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Platform.
The participant agrees that the chosen session/s is non-transferable and is only for use by the participant that has signed up to their personal session/s.
Counselling will take place at a frequency agreed between you and your mental health professional or volunteer. We cannot guarantee that sessions will always take place with a particular frequency or on the same day of the week but will make every effort to meet your requirements. Any no shows by You are treated as availed services and no refund or rescheduling shall be provided in such a scenario.
Over the course of your agreement, the mental health professional might determine that online counselling Services are not appropriate for some or all of your treatment needs and accordingly may elect to not provide online counselling Services to you. Similarly, the mental health professional shall be at liberty to decide that additional help is needed for the user and shall choose to involve an additional mental health professional.
Clove makes all efforts to verify the credentials of every mental health professional and volunteer listener registered with it. However, Clove is not responsible for any misrepresentation/fraudulent credentials or claims by the mental health professionals and listener volunteers. Clove provides a profile page to all mental health professionals and listener volunteers where information regarding education, training, experience, specialities can be provided to the user. It is the responsibility of the mental health professionals and listener volunteers to ensure the accuracy and reliability of such information provided.
Terms of Use
As a condition of use, You agree to use the Services solely for lawful purposes and not to use the Services for any purpose that is prohibited by these Terms of Service. You are solely responsible for all of Your activities in connection with the Services. Without derogating from Your responsibility under any applicable law, and solely by way of example, You shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content that:
obligation.
entity.
intended to damage, disrupt, interfere with, or limit, the proper functioning of any software or
hardware, or that enables to obtain unauthorized access to any system, data or other information.
part of our Platform.
by or relating to any third-party user of our Platform.
Termination of Agreement
This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by notifying us – directly, or if you are accessing the platform through a third-party, then through the respective third-party – that you no longer wish to use Clove’s Services, or when you cease using our platform, subject to settlement of all outstanding payments.
We may modify, suspend, or discontinue your access to the Platform, any part of the Platform, or the use of the Platform, whether to all Users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. For the removal of any doubt, we may terminate or prevent your use of the Platform and any services provided by the Platform at our sole discretion for any reason and for any period of time.
Upon termination of the User Agreement, there may still be some information saved on our servers regarding the user subject to necessary statutory compliances with applicable laws. Such information is guarded by our confidentiality policy (refer to Privacy Policy).
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this User Agreement, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof). Any payment receivable by Clove should be paid by the user in full within 30 days from the termination of the User Agreement. Any payment receivable by the user will be processed by Clove as per our Refund Policy.
Intellectual Property
The contents on the platform are for informational purposes only. Clove disclaims all liability to any person for any loss or damage caused by dependence on any part of the platform. Third-party content appearing on the platform is the property of their respective owners and Clove does not assert any rights in relation to the same. Such third-party content is used by Clove subject to the fair use provisions of Indian copyright law and applicable provisions in other jurisdictions. Clove asserts its copyright ownership on the remaining contents of this document. No information, content or material from the platform and/or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without an express written permission from Clove.
Payment
By using the platform, the user agrees to pay all applicable fees and charges upfront to Clove and also authorises us to automatically deduct all applicable charges and fees from the payments made as and when such features are accessed on our platform. Further, the user agrees to be responsible for any telephone charges and/ or internet Service fees that may be incurred in accessing Clove Services. The User is solely responsible for reporting and paying any applicable tax (income or otherwise) related to their use of the Platform.
Session charges Information
For more information on payment methods, charges and fees, the user shall refer to the Payment section on the platform. All cancellations and refunds will be handled as per the Cancellation, Reschedule & Refund Policy of the Company. Clove reserves the right to change any or all parts of the Payment, Cancellation & Refund Policy without notice or liability to the user or any third-party.
Cancellation, Reschedule and Refund
As an online mental wellness platform, Salubrium strives to provide the user with the best possible service in order to maximise user satisfaction. Keeping that in mind, Salubrium’s cancellation and refund policy ensures the highest possible flexibility for the user.
The user has the flexibility to
Summary:
User Group | Reschedule | Cancellation | Refund |
Client | Allowed upto 2 times for any given appointment before 4 hours from the scheduled session time | 1. Upto 4 hours (20% cancellation fee) 2. Within 4 hours (no refund to be provided) | 1. Upto 4 hours (80% payments to be refunded) 2. Within 4 hours (no refund) 3. No show (no refund) |
Reschedule:
Reschedule of Counsellor or Listener or Alternative Therapist session by The User
Particulars | Details |
Up to 4 hours in advance of the scheduled session | Allowed to reschedule up to 2 times with the same counsellor with a validity period of one-week from original booking. |
Within 4 hours of scheduled session | Needs to be cancelled and booked as a new session and make payment for the same (if applicable). |
Clove provides the user with the flexibility to reschedule their sessions to a later time. Client can reschedule the session anytime up to 1 (one) week from the time of the original session.
Cancellation:
Cancellation of Counsellor or Alternative Therapist session by The User
Particulars | Details |
Up to 4 hours in advance of the scheduled session | 20% Cancellation Fee |
Within 4 hours of scheduled session | Not allowed |
No Show by user (client) | Treated as cancelled |
If cancellation is opted, reason needs to be provided. Session amount after adjusting the cancellation fees will be credited back to the user.
Clients can cancel single or all paid sessions at one go.
Cancellation of listening session by The User
Users can cancel or reschedule their listening appointment anytime before the scheduled time. Since the listening services are free of cost, there will be no refunds.
Cancellation by Mental Health Professional
If the session is cancelled by the Mental Health Professional, the user can re-book an appointment with any mental health professional. Users must book a session with the Mental Health Professional within 1 (one) week.
Refund:
Refund of Counsellor or Alternative Therapist session by The User
Particulars | Details |
Up to 4 hours in advance of the scheduled session | 80% of the booking amount |
Within 4 hours of scheduled session | No Refund |
No Show by user (client) | No Refund |
The refund amount provided to the user will be based on when the cancellation was initiated and is explained in the table above. All refunds will be processed within 14 business days in the original mode of payment done by the client while booking. Please note that, depending on the bank, it might take longer for the amount to get credited to your account.
Session Delayed/Technical Issues
If, due to an unforeseeable reason from Salubrium ‘s end, a booked session is not completed in its entirety by the Mental Health Professional, the user must write to us at customercare@clovemind.com. Refunds will be handled on a case-to-case basis.
Privacy Policy
Usage of our platform or online resources is subject to the Privacy Policy of the Company. Please read the Privacy Policy carefully. Clove reserves the right to add, change, or remove sections from the Privacy Policy without notice or liability to any third-party.
Limitation of Liability
Clove does not guarantee that you will be accepted as a registered user at Clove, or as a client by the Mental Health Professionals on our platform. Clove reserves the right to terminate your registration with our platform at any time without citing a reason.
Clove is a technology enabler that connects the user with mental health professionals and volunteers. Further, the professional Service is dependent on the information provided by the user to the mental health professional and Clove does not promise any outcomes based on counselling and therapy. Clove does not guarantee the availability of the same mental health professional over any period of time. From the moment at which you book your appointment, Clove acts solely as an intermediary between you and the mental health professionals or volunteer, transmitting the details of your booking to you and to the mental health professional or volunteer.
All mental health professionals and listener volunteers have a contractual relationship with Clove and are allowed to use our platform and technology to provide Services to you. Clove does not assume any responsibility for their actions, advice or any other information provided through our platform or otherwise. Clove shall not be held liable for any damage/ loss/ liability caused to You by a mental health professional and volunteer, either directly or indirectly. You are responsible for all your decisions and actions and agree that they are made independent of any representations by Clove or the mental health professionals or volunteers. Clove or the mental health professionals or volunteers cannot be held responsible for such decisions and actions or any outcomes as a result.
Clove does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic. No warranty, guarantee, or conditions of any kind are created or offered on information or advice or suggestion, whether expressed and/ or implied, in oral and/ or written via any communication medium, obtained by you from Clove or through any Service and/ or resource and/ or information that Clove provides, except for those expressly outlined in this User Agreement.
The Services, including content, on both the Clove platform and third-party platforms, are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. We are not responsible if information made available on the Clove and third-party platforms is not accurate, complete or current and any reliance on the Services, including content, on the Clove and third-party platforms is at your own risk.
This platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this platform at any time, but we have no obligation to update any information on our platform. You agree that it is your responsibility to monitor changes to our platform. The content that the user downloads or likes or otherwise obtains through the use of our Services and/ or resources and/ or information is done at their own discretion and risk, and the user is solely responsible for any damage to their computer or other devices for any loss of data or information that may result from the download of such content.
We reserve the right to modify or terminate any portion of the platform or the Services offered by the Company for any reason, without notice and without liability to the user or any third-party.
The Company does not warrant that the functions contained in content, information and materials on the platform and / or Services, including, without limitation any third-party sites or Services linked to the platform and / or Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
We will endeavour to make sure all information is delivered in an accurate and correct manner. However, any material downloaded or otherwise obtained through the platform and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer or mobile system.
Notwithstanding anything to the contrary, Our entire liability towards You under these Terms of Use or otherwise shall only be in connection with refund of a partial portion or full portion of the money charged from You without any interest for any particular product or service, under which the unlikely liability may arise.
Disclaimer on Warranties
You understand and agree that any interactions and associated issues with the mental health professional and/ or listener (volunteer) on the platform, is strictly between you and them. You shall not hold Clove and/or the mental health professional and/ or listener (volunteer) responsible for any such interactions and associated issues. Clove and/or the mental health professional and/ or listener (volunteer) are not responsible for any outcome between you and the mental health professional and/ or listener (volunteer) you interact with. If you decide to engage with a mental health professional and/ or listener (volunteer) to provide Emotional Well-being Services to you, you do so at your own discretion and risk. The Services and content, and all materials, information, products and Services included therein, are provided on an “as is” and “as available” basis without warranties of any kind.
Clove and its licensors and affiliates expressly disclaim all warranties of any kind, express, implied, or statutory, relating to the Services and content.
In addition, Clove 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 breakthrough will create any warranty that is not expressly stated in these Terms of Service.
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.
We may provide you with access to third-party tools which we neither monitor nor have any control or input over. Such tools may be in the form of, but not limited to, personal assessments, polls and their results, video conferencing solutions, messaging platforms, etc. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Third-party links on this platform may direct you to third-party websites or platforms that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
Over the course of the period of the User Agreement, we might incorporate products/ Services from third-party providers on our platform. By using such products/ Services, it is understood that the user has read, understood and agreed to the terms and conditions of the corresponding third-party provider. Clove shall not be held liable for any risk/ damage/ liability arising from use of such third-party products, Services goods, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Topics, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example poll entries, assessment reports) or without a request from us you send or submit forum topics, replies, comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, on our social media channels, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Clove however guarantees that all communication between the user and Clove and / or the counsellor within the ambit of therapy shall be kept confidential, subject to compliance with applicable laws. Counselling services provided by Clove are under the ethical oath of Mental Health services. Clove will not disclose any private and confidential information pertaining to your personal experience and responses. Your confidentiality is guarded by the ethical principles of Mental Health professionals and volunteers using the Clove platform.
You agree to not seek any other person’s contact information through our platform.
You agree that your comments will be original and will not contain any plagiarism / or content downloaded from the internet / or any third-party websites. Kindly note that your content should also not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.
Users must note that Clove is an interactive Service and other users are free to post their own comments on various content of the platform. The platform publishes articles provided by various authors as well. The contents/viewpoints expressed in these comments/posts/ articles etc. are their authors’. Such content does not indicate the official position of Clove, in any way, expressed or implied.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product / Service descriptions, pricing, promotions, offers etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders 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 order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website/mobile application/platform, 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.
Indemnification
You agree to indemnify, defend and hold harmless the Company and its affiliates, agents, respective employees, directors, shareholders, investors, officers, agents, managers, partners, affiliates, associate consultants, mental health professionals, mental health volunteers, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to Your use of the Website and Application, including without limitation any obligation to be performed by You pursuant to these Terms of Use.
Further, You agree to hold the Company harmless against any claims made by any third party due to, or arising out of or otherwise relating to Your use of the Website or web based or mobile based applications, chatbots, toll free numbers, or one to one personal interaction with employees, directors, shareholders, investors, associate consultants, mental health professionals, mental health volunteers, affiliates of the Company or otherwise, any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or Your violation of any rights of another, including any intellectual property rights. Further, You agree to hold Company harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Use.
You hereby indemnify, defend, and hold the Company, managers, directors, doctors, moderators, associate consultants, mental health professionals, mental health volunteers, employees, agents, partners, advertisers and/ or affiliates, and other authorized users, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the platform.
Severability
If any provision of this User Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
Grievance Redressal
To address the grievances of the users who are dissatisfied with any aspect of our Services, you may write to us at customercare@clovemind.com mentioning Grievance / Complaint in the Subject line itself. We assure you a time bound response to your complaint.
Arbitration
Any dispute, controversy or claims arising out of or in relation to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitrator shall be appointed solely by the Company. The place of arbitration shall be Mumbai and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made, in Mumbai, Maharashtra. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 2019 shall apply.
Jurisdiction
Jurisdictional policies of Clove have been drafted in accordance and compliance with Indian laws. Any and all disputes arising between the user and Clove with regards to this User Agreement, including the interpretation of the terms of this User Agreement shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.
Entire Agreement
The failure of us to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision.
This User Agreement and any policies or operating rules posted by us on this platform or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Registered Address:
A/16, Bhatia Nagar, Shantilal Modi Road, Kandivali West, Mumbai – 400067
Additional Information:
Corporate Identity Number (CIN): U85300MH2019PTC329358
GST Number: 27ABCCS5068A1ZI
Permanent Account Number (PAN): ABCCS5068A
Tax Deduction and Collection Account Number (TAN): MUMS11125J
At Clove, our comprehensive mental health services cover illness to wellness, thus improving one’s emotional wellbeing and ensuring a seamless experience while interacting with our team of experts. We strive to reduce stigma and keep you at your best with compassion being our corner stone.
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