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We welcome you to AmFine.in, a professional Mental Healthcare Service portal! This website www.AmFine.in (here after referred to as “website” or “AmFine.in”) is sole proprietary of KanBroz Info Labs Private Ltd, a company registered in the Indian State of Kerala.
For the purposes of this agreement, the terms 'we', 'us', 'our', ‘AmFine’, 'AmFine.in' and ‘Amfine’ refer to AmFine.in. The terms 'you', 'consumer', ‘clients’, ‘patients’, 'end-user', ‘user’ refer to you as a user of this site.
By accessing or browsing or avail any service/s and/or product and/or resources from this website, you accept and agree to our Terms and Conditions (hereafter referred to as “User Agreement”). So, please read the following important “User Agreement” carefully. These Terms preside over your using or availing Services, resources or any product from the website. Continuing to purchase any service, resource or product, or even surfing the website form a obligatory legal agreement among you, as a user of the Services, and AmFine.in.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
The terms “personal information” and “sensitive personal data” or “sensitive personal information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
AmFine.in is an internet based portal that offers to connect clients/patients with the network of various online counseling in Psychological, mental health, Psychotherapy, education, Legal etc. Therapists, Counsellors or Service Providersetc (hereafter referred to as “TCSP”) may include, but are not limited to, clinical psychologists, counseling Psychologists, psychiatrists, nurses, counselors, school counselors, lawyers, research scholars, clinical social workers, and marriage and family therapists. TCSP listed on AmFine.in are paid for their services and have no financial interest in AmFine.in. AmFine.in offers or plans to offer a variety of online products and services including, though not limited to, an internet/email/live-video-enabled “communication platform” designed to enable consumers to find and connect with TCSPs. Through the website, we provide an online platform through which users can book appointments with a TCSP. By booking an appointment on the Website, you enter into a direct (legally binding) contractual relationship with the TCSP with whom you book a counselling session. From the moment at which you book your appointment, AmFine.in act as an intermediary between you and the TCSP, transmitting the details of your booking to the TCSP and sending you a confirmation email for and on behalf of the TCSP.
The services are made available for personal and non-commercial use only and you are not allowed to record, re-sell, deep-link, use, copy, monitor, display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
2.1 AmFine.in offers or plans to offer a variety of online products and services including, though not limited to, an internet/email/live-video-enabled “communication platform” designed to enable consumers to find and connect with TCSPs. TCSPs reserve the right to deny services, at their sole discretion. While information on each TCSP is contained in the AmFine.in database, it remains the responsibility of users to satisfy themselves as to the ultimate credentials, qualifications and fitness of each TCSP. Please note that:
2.1.1 AmFine.in does not provide medical service – AmFine.in is a communication platform
2.1.2 AmFine.in does not replace a user’s primary care provider.
2.1.3 AmFine.in is not a pre-paid health plan or insurance plan and does not eliminate need for such a plan.
2.1.4 AmFine.in is not a drug fulfillment warehouse.
2.1.5 AmFine.in does not at this time allow or facilitate the issuing of medical prescriptions.
2.1.6 AmFine.in is not a substitute for in-person medical care and attention.
2.1.7 AmFine.in reserves the right in our sole discretion to edit or delete any documents, information or other content appearing on the site at any time without notice.
2.2 All Informations obtains to you via this website or in connection with any communications supported by AmFine.in, its TCSPs, is for information and scheduling purposes only; This includes, without limitation, real-time video/call/chat/ email communications between professionals utilizing the website and consumers/users; these are explicitly and exclusively for general information and educational purpose only, and are in no way intended to create a physician – patient relationship as defined applicable laws.
2.3 Independence of TCSPs: TCSPs, including mental health specialists and related professionals utilizing or featured on the site, are subscribers and licensees to the site. They are neither employees, nor independent contractors of AmFine.in. Any opinions, advice, or information expressed by TCSPs are those of the TCSPs alone. They do not reflect the opinions of AmFine.in. AmFine.in does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned by TCSPs on AmFine.in or by a licensee of AmFine.in.
2.4 AmFine.in has no control over, and cannot guarantee the availability of any TCSPs at any particular time. We will not be liable for cancelled or otherwiseunfulfilled appointments or any injury resulting therefrom, or for any otherharm resulting from the use of the site or services whatsoever. You are strongly advised to perform your own investigation prior to selecting a TCSP by contacting the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular TCSP, your current provider, the authority/association related to the TCSP’s specialty.
2.5 AmFine.in is not a substitute for professional Medical/Mental/Legal diagnosis or treatment. Reliance on any information provided viaAmFine.in or ant TCSP utilizing AmFine.inis solely at the user’s own risk. AmFine.inassumes no liability and, as a user, you acknowledge this point.
2.6 If you elect to enter information into any type of ‘form’ on the site (for examples a "Case Sheet Form") on behalf of yourself or a third-party from whom you have authorization to provide such information; you thereby authorize us to provide such information to the specified TCSPs. You also acknowledge that AmFine.inmay use the data or informationyou provide without limitations, but this should be as per the privacy policy.
2.7 User & TCSP should agree to AmFine.in that, both user and TCSP did not share the communication address or Contact details to each other,during the time of counselling.
2.8 Any personal Information of user, should not disclosed to public through the Website, with out user confirmation, – such as but not limited to articles, counselling advice, content and expected benefits of the counselling sessions, is based on the information provided to AmFine.in by the TCSP.
2.9 AmFine.in will use reasonable efforts to perform its service but cannot guarantee that all information is accurate, complete or correct, and as such, the Service Provider cannot be held responsible for any errors (including counselling sessions' content and benefits), any interruptions of service (whether due to temporary and/or partial breakdown, repair, upgrade or website maintenance), inaccurate, misleading, untrue or non-delivery information. The TCSP who holds the counselling session remains the sole responsible at all times for the accuracy, completeness and correctness of the counselling related information (including the counselling materials and timeslot availability) displayed on the Website.
2.10 The Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any counselling services made available.
2.11 You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to AmFine.in that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
2.12 AmFine.in reserves the right to deny services, particularly if it suspects potential misuse.
The terms in this Clause 3 are applicable only to Users other than TCSPs.
3.1 END-USER/ USER ACCOUNT AND DATA PRIVACY
3.1.1 Amfine.in may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Amfine.in’s services and to build new services.
3.1.3 The Website allows Amfine.in to have access to registered Users’ personal email and phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the TCSPs and their service.
3.1.4 The Personnel Information collected by AmFine.in (Case Sheet), will not disclose to public via website, only used for consultation purpose.
3.1.6 Amfine.in shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Amfine.in or to any other person acting on behalf of Amfine.in.
3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge all clauses in Privacy Policy.
3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Amfine.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;Amfine.in has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Amfine.in may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.1.10 Amfine.in may provide End-Users with a facility known as ‘My Account’ on the Website and its mobile application ‘Amfine.in’. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
My Account is only created after you have signed up and explicitly accepted these Terms.
Information available in My Account is of two types; (1)Patient-created: Information generated and uploaded by you. (2)TCSP-created: Information generated by your interaction with a TCSP.
Any TCSP created information is provided on an as-is basis and Amfine.in does not validate the said information and makes no representation in connection therewith. User should request to Admin ([email protected]fine.in) to contact the relevant TCSP in case you wish to point out any discrepancies or add, delete, or modify the information in any manner. And the admin will contact that TCSP and forward the TCSP’s comment to the User.
The My Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Amfine.in is not liable for any interruption that may be caused to your access of the Services.
It is your responsibility to keep your correct mobile number and email ID updated in the My Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Amfine.in is not responsible for any loss or inconvenience caused due to your not updating your contact details for the My Account.
Amfine.in uses industry–level security and encryption to your ‘My Account’. However, Amfine.in cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to [email protected]
If you access your dependents’ record through your ‘My Account’ by registering your dependents with your own My Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependents would have had had they maintained their own separate individual Accounts.
In case you want to delete your account, you can do so by accessing 'Profile' from within your account. This will ensure that your account and any associated records will be deleted from the My Account. This will however not delete your records stored by your doctor(s) and TCSPs.
3.2 APPOINTMENT BOOKING AND INTERACTION WITH TCSPs
3.2.1 AmFine.in provides value added internet based call/video/email services which connects TCSPs directly to Users, and the information exchanged between the User and the TCSPs is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the service, AmFine.in reserves the right to share the contact details of the User with the TCSPs contacted. However in normal case Amfine.in Not shared the contact details of users to TCSPs and vice versa.
3.2.2While AmFine.in will try to ensure a confirmed appointment for an End-User who requested an appointment available on Website, AmFine.in does not guarantee that a user will get a confirmed appointment. Further, AmFine.in has no liability if such appointment is confirmed but later cancelled by TCSPs, or the TCSPs are not available as per the given appointment time. User must be ready and available on the scheduled time.
3.2.3You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold AmFine.in responsible for any such interactions and associated issues. For avoidance of doubt, AmFine.in is not involved in providing any mental healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the TCSPs you interact with, pursuant to any interactions on the Website. If you decide to engage with a TCSP to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for TCSP should not be construed as an endorsement by AmFine.in of any such particular TCSP. AmFine.in shall not be responsible for any breach of service or service deficiency by any TCSP. We cannot assure nor guarantee the ability or intent of the TCSP(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a TCSP.
3.2.4User & TCSP should agree to AmFine.in that do not share your communication address or Contact details while the time of counselling. AmFine.in can take decision to block or remove the particular TCSP/ User from AmFine.in with immediate action. In such situation, AmFine.in not claims back to User/TCSP the balance credit (means of money/ call time/ Video Minutesetc) in your account.
3.2.5Without prejudice to the generality of the above, AmFine.in will not be liable for:
any wrong medication or treatment quality being given by the TCSP(s), or any medical negligence on part of the TCSP(s);
any type of inconvenience suffered by the User due to a failure on the part of the TCSP to provide agreed services or to make himself/herself available at the appointed time, no show by the TCSP, inappropriate treatment, or similar difficulties;
any misconduct or inappropriate behavior by the TCSP.
cancellation or rescheduling of booked appointment or any variance in the fees charged;
any medical eventualities that might occur subsequent to using the services of a TCSP, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
3.2.6 Further, AmFine.in shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at AmFine.in’s sole discretion and may be modified or withdrawn at its sole discretion. AmFine.in may moderate such feedback at any time. AmFine.inshall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular TCSP from the Website.
3.2.7 The User may post two types of email queries, (i) public queries, which is sent through AmFine.in Consult to multiple TCSPs and enables any of the chosen TCSP to respond to the query posted; This can be done by free of cost and which will publish on website with the conformation of user; and (ii) private queries, which will be only sent to the TCSP that the User has chosen.
3.2.8 The User hereby grants consent to Amfine.in to transfer the health related queries posted by the User to TCSPs for the provision of the services under AmFine.in Consult and agrees that any such information provided by the User will be subject to our Privacy Policy.
3.3 REVIEWS AND FEEDBACK
By using this Website, you agree that any information shared by you with AmFine.in or with any TCSPs will be subject to our Privacy Policy.
Amfine.in provides the users to make rating/raking/feedback the TCSPs after the service from TCSP. This was done by a fully automated system that lists the TCSP, their profile and information regarding their service with AmFine.in. These listings of TCSPs do not represent any fixed objective ranking/rating or endorsement by Amfine.in. Amfine.in will not be liable for any change in the ranking/rating of the TCSPs, which may take place from time to time. The listing of TCSPs will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Amfine.in in no event will be held responsible for the accuracy and the relevancy of the listing order of the TCSPs on the Website.
User are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to TCSPs or other mental healthcare/other professionals. The role of AmFine.in in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. AmFine.in disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. AmFine.in shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. AmFine.in, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5of these Terms. You agree that AmFine.in may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
Obtaining feedback in relation to Website or AmFine.in’s services; and/or
Obtaining feedback in relation to any TCSPs listed on the Website; and/or
Resolving any complaints, information, queries by TCSPs regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by AmFine.in. AmFine.in’s Feedback Collection and Fraud Detection Policy, isannexed as the Schedule hereto, and remains subject always to these Terms.
4.1 Profiles of TCSP
4.1.1 AmFine.in ensures easy access to the TCSPs by providing a tool to update your profile information. AmFine.in reserves the right of ownership of all the TCSP’s profile and photographs and to moderate the changes or updates requested by TCSPs. However, AmFine.in takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using AmFine.in’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, AmFine.in may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.1.2 AmFine.in, directly and indirectly, collects information regarding the TCSPs’ profiles, contact details, and practice. AmFine.in reserves the right to take down any TCSP’s profile as well as the right to display the profile of the TCSPs, with or without notice to the concerned TCSP. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform AmFine.in immediately to enable AmFine.in to make the necessary amendments.
4.1.3 AmFine.in shall not be liable and responsible for the rating/ranking/feedback of the TCSPs on external websites and search engines
4.1.4 AmFine.in shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by AmFine.in, where the User has expressly or implicitly consented to the making of disclosures or publications by AmFine.in. If the User had revoked such consent under the terms of the Privacy Policy, then AmFine.in shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by AmFine.in prior to its actual receipt of such revocation.
4.1.5 AmFine.in reserves the right to moderate the suggestions made by the TCSPs through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, AmFine.in shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of TCSPs are added to the Website.
4.1.6 AmFine.in reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
4.1.7 You as a TCSP hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and AmFine.in accepts no liability for the same.
4.2 REVIEWS AND FEEDBACK
4.2.1 As a platform, AmFine.in does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of AmFine.in and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.3 and 7 of these Terms. AmFine.in’s Feedback Collection and Fraud Detection Policy, were annexed as the Schedule hereto, and remain subject always to these Terms.
4.2.2 AmFine.in reserves the right to collect feedback and Critical Content for all the TCSPs, Clinics and other service Providers listed on the Website.
4.2.3 AmFine.in shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.2.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. AmFine.in shall not be liable for any effect on TCSP’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. AmFine.in however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.3 and 7 of these Terms.
4.2.5 If AmFine.in determines that you have provided inaccurate information or enabled fraudulent feedback, AmFine.in reserves the right to immediately suspend any of your accounts with AmFine.in and makes such declaration on the website alongside your name/your clinics/ service centers name as determined by AmFine.in for the protection of its business and in the interests of Users.
4.2.6 AmFine.in has designed the ranking/rating algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the Users/ Clients.
4.3 CONSULTATION
4.3.1 TCSP agrees to render his/her services and fulfill their obligations towards their clients using their best efforts, skill and ability.
4.3.2 Any communication sent by or through AmFine.in to the TCSP is based solely on information uploaded by the Users. AmFine.in shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
4.3.3 TCSP hereby agrees that, for any User that contacts the TCSP using www.AmFine.in, only he/she shall be allowed to perform the services for the User and that the TCSP may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The TCSP accepts all responsibility and liability for the use of www.Amfine.in, including the performance of its services, by any other party claiming to be the TCSP and hereby agrees to indemnify AmFine.in against any claim or loss that may be faced by AmFine.in consequent to such use.
4.3.4 TCSPs shall promptly renew their licenses required to provide medical/Legal/other (as per their Specialization) services and notify AmFine.in about the same.
4.3.5 TCSPs should have proper internet availability during the time of consulting. Or its TCSP’s responsibility to call the user at the time schedule. When the scheduled time is reached one call button will active on the schedule list of TCSP’s login page
4.3.6 TCSPs can select their available timing of consultation for a week. If the TCSP does not change his time for the next week, the previous weeks’ time schedule will applicable for the next week. The system will auto generate the available time for each week advance.
4.3.7 TCSP agrees that, when providing any written response to a User’s query that constitutes a performance of his/her services, the TCSP shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.
4.3.8 AmFine.in shall remit the fees to the TCSP in accordance with the terms agreed between the TCSP and AmFine.in in the Services Agreement executed between them.
4.3.9 AmFine.in reserves the right to revise the fee terms at any time at their discretion. The TCSP’s continued use of the services shall constitute his/her consent to such revision.
4.3.10 TCSP hereby agrees that it shall use the website for the purpose specified in these Terms of Use and shall not use the website for any unauthorized and unlawful purpose, including impersonating another person.
4.3.11 TCSP hereby represents and warrants that he/she
is qualified to provide their specialized services within the territory of India;
as obtained all licenses as required by law to provide matching their services and has not committed any act or omission that might prejudice its continuance or renewal; and
has provided AmFine.in true, accurate, complete and up to date details about their qualification and credentials.
4.3.12 TCSP agrees that he/she shall at all times abide by the applicable medical/legal regulations including the code of
4.3.13 AmFine.in reserves the right to terminate any account of the TCSP in case:
TCSP share their contact details to users or ask user’s contact details during consulting.
The TCSP breaches any terms and conditions of this terms of use or privacy policy or applicable laws;
AmFine.in is unable to verify or authenticate any information provided to it by a TCSP; or
AmFine.in in its sole and absolute discretion believes that actions of the TCSP may cause legal liability for AmFine.in or other Users and / or may adversely affect the services rendered by AmFine.in
4.3.14 TCSP hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances.AmFine.inagrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
4.3.15 TCSP hereby agrees to assign to AmFine.in in perpetuity all intellectual property rights residing in the responses provided by him/her for use by AmFine.in worldwide.
4.3.16 TCSP shall be liable to indemnify and hold AmFine.in harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use.
5.1 User & TCSP here by agree to AmFine.in that does not share your communication address or contact details while the time of counselling. AmFine.in reserves the right to deny services or Terminate/block/remove the particular TCSP/User from AmFine.in with immediate action. In such situation, AmFine.in will not claim/refund back to User/TCSP, whatever the balance credit (means of money/ call time/ Video Minutes etc) in user/ TCSP’s account.
5.2 AmFine.in reserves the right to suspend or terminate a User/TCSP’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
AmFine.in is unable to verify or authenticate any information provide to AmFine.in by a User/TCSP;
AmFine.in has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User/TCSP; or
AmFine.in believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for AmFine.in or are contrary to the interests of the Website.
5.3 You agree that we may, at our sole discretion, permanently or temporarily suspend or terminate your access to all or parts of AmFine.in and/or Services and/or Resources and/or information available on AmFine.in with or without notice and for any reason, including, without limitation, breach of this User Agreement, and/or any suspected illegal and/or fraudulent and/or abusive and/or competitive activity may be grounds for terminating your relationship/services/access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use/access AmFine.in and/or Services and/or Resources and/or information available on AmFine.inprovides will immediately cease, and AmFine.in reserves the right to remove or delete any information that you may have on file with us, including any account or login information.
5.4 Any use or attempted use of this website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by AmFine.in to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by AmFine.in, or (vii) any use other than the business purpose for which it was intended, is prohibited.
5.5 Once temporarily suspended, indefinitely suspended or terminated, the User/TCSP may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User/TCSP. The User/TCSP shall ensure that he/she/it has continuous backup of any medical/Health/Legal/appropriate services the User/TCSP has rendered in order to comply with the User/TCSP’s record keeping process and practices.
5.6 In addition, in connection with your use of the website, you agree you will not:
Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any AmFine.in representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements).
Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature
Harvest or otherwise collect information about others, including e-mail addresses.
Upload files that contain viruses, worms, trojan-horses, time-bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation, commercial or otherwise.
Use the website's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text).
Manipulate or otherwise display the website by using framing, mirroring or similar navigational technology or directly link to any portion of the website other than the main homepage, www. AmFine.in, in accordance with the Limited License and Site Access outlined above.
Violate any applicable local, state, national or international law.
Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party.
Delete or revise any material posted by any other person or entity.
6.1 Limited (personal use only) License and Site Access – All Rights Reserved:
AmFine.in hereby grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AmFine.in (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of this website or the Content; any derivative use of this website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AmFine.in without AmFine.in's express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of AmFine.in'sname(s) or service marks without the express written consent of their owners. AmFine.in (or the respective third-party owners of Content) retains all right, title, and interest in this website and any Content and features offered on this site, including any and all intellectual property rights. AmFine.in (or the respective third-party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use immediately terminates the permission or license granted by AmFine.in. All rights, title and interest in and to the materials on this site are owned or controlled by and shall remain at all-time vested in AmFine.in or its TCSPs.
6.2 Passwords & Security:
By registering on the website, users/TCSP can receive access to the password-protected portions of the site (the "User Portal"). When accessing the User Portal, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a)immediately notify AmFine.in of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. AmFine.in will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AmFine.in or another party due to someone else using your account or password. You may not use anyone else's account at any time.
The User shall immediately notify Amfine.in of any actual or suspected unauthorized use of the User’s account or password. Although Amfine.in will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Amfine.in or such other parties as the case may be, due to any unauthorized use of your account.
6.3 Code of Conduct:
Users may be asked to comply with a user “Code of Conduct”, which will consist of policies and procedures governing user conduct on the site. Such Code of Conduct, once added to the site, may be updated from time to time; the most recent Code of Conduct will be posted on the website and any new material added to the Code of Conduct will be effective upon the date of publication on the site.
6.4 Connection Requirements:
You are solely responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines/internet required to access and use this website, and AmFine.in reserves the right to change the access configuration of this site at any time without prior notice.
6.5 Privacy and Cookies
The Service Provider and its affiliates respect your privacy and the confidentiality of your information and identity. Please consult the privacy policy and cookies policy for further information.
6.6 Right to Monitor
AmFine.in neither actively monitors general use of this website under normal circumstances nor exercises editorial control over the content of any third-party's website, e-mail transmission, news group, or other material created or accessible over or through this website. However, AmFine.in does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in AmFine.in’s sole discretion, may be illegal, may subject AmFine.in to liability, may violate these Terms of Use, or are, in the sole discretion of AmFine.in, inconsistent with AmFine.in 's purpose for this website.
6.7 Submissions
If you send submissions (e.g., postings to chats, medical reports, message boards, or contests or events upload) or creative suggestions, ideas, notes, Medical News, News methodologies, Thesis, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of AmFine.in. None of the Submissions shall be subject to any obligation of confidence on the part of AmFine.in (unless explicitly stated otherwise), and AmFine.in shall not be liable for any use or disclosure of any Submissions. You hereby represent and warrant that you have all necessary rights in and to the Submissions you provide and that all information they contain shall not infringe any proprietary or other rights of third-parties, or contain any libelous, tortuous, or otherwise unlawful information. In addition, you warrant that all so-called moral rights in any Submissions you provide have been waived. Without limitation of the foregoing, AmFine.in shall exclusively own all known or hereafter existing rights to the Submissions of every kind and nature in perpetuity and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
AmFine.in does not endorse and has no control over the content of Submissions submitted by others to the site. Submissions submitted to the site are not necessarily reviewed by AmFine.in prior to posting and do not necessarily reflect the opinions or policies of AmFine.in. AmFine.in makes no warranties, express or implied, as to the content of the Submissions on the site or the accuracy and reliability of any Submissions and other materials on the site. Nonetheless, AmFine.in reserves the right to prevent you from contributing Submissions to the site and to edit, change and/or remove such Submissions for any reason whatsoever without prior notice.
Furthermore, content posted by you on AmFine.in remains the property of AmFine.in or KanBroz Info Labs Pvt Ltd and will not be removed if or when you elect to close your account. However, AmFine.in may endeavor to anonymize any content posted by you, upon account closure.
6.8 Nontransferable:
Your right to use the site is not transferable. Any password or right given to you to obtain information, documents and so on remains non-transferable.
7.1 As mandated by Regulation 3(2) of the IG Rules, AmFine.in hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
7.2 Users are also prohibited from:
Violating or attempting to violate the integrity or security of the Website or any AmFine.in Content.
Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by AmFine.in.
Intentionally submitting on the Website any incomplete, false or inaccurate information.
Making any unsolicited communications to other Users.
Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website.
Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website.
Copying or duplicating in any manner any of the AmFine.in Content or other information available from the Website.
Framing or hot linking or deep linking any AmFine.in Content.
Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
7.3 Infringement Policy
AmFine.in reserves the right, but not the obligation, to terminate your license to use the site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. AmFine.in accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
Any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be immediately brought to our attention by contacting us as the address set forth in this Agreement.
7.4 AmFine.in, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 7.1 and 7.2. AmFine.in shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
7.5 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, AmFine.in has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
7.6 AmFine.in may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit AmFine.in to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by AmFine.in as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between AmFine.in or any person on its behalf and the User or where the User has consented to data transfer.
7.7 AmFine.in respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
8.1 The contents listed on the Website are (i) User generated content, or (ii) belong to AmFine.in. The information that is collected by AmFine.in directly or indirectly from the End- Users and the TCSPs shall belong to AmFine.in. Copying of the copyrighted content published by AmFine.in on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and AmFine.in reserves its rights under applicable law accordingly.
8.2 AmFine.in authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "AmFine.in Content"), are the property of AmFine.in and are protected under copyright, trademark and other laws. User shall not modify the AmFine.in Content or reproduce, display, publicly perform, distribute, or otherwise use the AmFine.in Content in any way for any public or commercial purpose or for personal gain.
8.3 The domain name for this website, affiliated domain names, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of AmFine.in or KanBroz Info Labs Pvt Ltd.
8.4 " AmFine.in," and others marks are either trademarks or registered trademarks or service marks of AmFine.in or KanBroz Info Labs Pvt Ltd.
8.5 Other product, company names, and content displayed on the site may be the trademarks or copyrights of their respective owners. Individual documents on this server may have different copyright conditions, and that will be noted in those documents.
8.6 The copying, redistribution, use or publication by you of any such matters or any part of the site, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the site.
8.7 The posting of information or materials on the site by AmFine.in does not constitute a waiver of any rights in such information and materials.
9.1 If you have agreed to allow your Minor Child, or a child for whom you are Legal Guardian (a "Minor"), to use this site, you agree that you shall be Solely Responsible for:
the online conduct of such Minor;
monitoring such Minor’s access to and use of the site; and
the consequences of any use of the site by such Minor.
9.2 Child Online Protection Notification: AmFine.in hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to Minors. You are strongly encouraged to take appropriate action on this point.
10.1 You represent and warrant that if you are purchasing something from us that:
any credit information you supply is true and complete;
charges incurred by you will be honored by your credit card company or applicable payment intermediary; and
you will pay the charges incurred by you at the posted prices, including any applicable taxes
10.2 You agree that you are authorized person to use Credit/Debit Card, Net banking, Cash Card, Paypal account etc. that you use to pay at AmFine.in for anything. If not, you will be liable for any legal action that concerned authorities may think appropriate.
10.3 Counselling sessions are booked/purchased on the Website by using a credit system. The cost of a counselling session is different for each TCSP. The duration of a counselling session is 20 minutes. The cost is considered for one session of 20 minutes. All prices on AmFine.in are for the sole purpose of purchasing counselling session on the Website, and are displayed including booking charges but excluding service tax and/or all other taxes (subject to change of such taxes), unless stated differently on the Website or on the payment confirmation pages. Please check the credit pack details thoroughly before to making your purchase.
10.4 Mode of Payment& Refund Policy:
10.4.1 Once a counselling sessionis purchased on the Website,and the payment has been confirmed by you to the third party payment processor, it cannot be refunded, wholly or partly, unless expressively mentioned in the counselling sessiondescription available in this terms.
10.4.2 The counselling sessionare to be paid in advance and in whole prior to booking an appointment by means of secure online payment. Payment is safely processed from your credit/debit card or bank account to the bank account of the Service Provider through a third party payment processor. You acknowledge and agree that the Service Provider does not have access to you credit/debit card or net banking personal information and login details as payment transactions are realized on the payment gateway of the third party payment processor. As such, the Service Provider cannot be held responsible for leakage or misused of any such information as the Service Provider does not have access to this information. We invite you to read carefully the terms of use and privacy policy of the third party payment processor before you make any payments on its payment gateway.
10.4.3 In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse. If such unauthorized transactions resulting from a ‘counselling session’purchase is made on the Website, please inform immediately the Service Provider's/Bank’s/AmFine.in’sTechnical Support stating your, name, username, date of transaction and amount, as to allow the Service Provider/AmFine.in to communicate the details to your bank or credit card companies if needed to. Please state 'credit card fraud' in the subject line of your message.
10.4.4 In the event you have troubles making payments through the third party payment processor or do not wish to use its payment gateway, you can contact the Technical Support to request for a payment via bank wire transfer (NEFT). Please note that payment via NEFT might include additional charges. Moreover, the AmFine.in reserves the right, at its own discretion and without explanation, to refuse any payment via wire transfer.
10.5 Appointment Cancellation & No-show Policy:
10.5.1 By making an appointment booking with the TCSP, you accept and agree to the relevant cancellation and no-show policy, and to any additional terms and conditions of the counsellor that may apply to your counselling session.
10.5.2 The general cancellation and no-show policy for each counselling session is made available on the Website during the time of booking and in the confirmation email. Under normal circumstances, any counselling sessions booked with credits can be cancelled free of cost up to 48 hours prior to the appointment date. You can cancel your appointment directly from the Cancel booking page of the Website, and do not require toliaise with any customer care. Please use the cancellation ID that will be sent to you by email at the time of booking. Once cancelled, your credit will be refunded into your AmFine.in user account, and you can either choose to reschedule your appointment immediately, or later. Please note that credit may take several hours to be refunded into your AmFine.in user account. You may contact the technical support in case your credit is not refunded after 24hrs from the cancellation time. In case of late cancellation, you will be required to talk directly to the TCSP at the time of your appointment to reschedule the session at a time which is mutually convenient to you and the counsellor, based on the counsellor availability. Or you may also contact the technical support to request for a manual cancellation/reschedule. In such case, and if a manual adjustment proves necessary in the Website's server database for such reschedule, AmFine.in reserves the right to give you a Credit penalty.
10.5.3 You are responsible to provide a valid, activated, reachable phone number or Skype ID during the appointment booking. In case your number is not reachable or you do not pick up your phone at the time of the appointments after reasonable attempts by the counsellor to reach you, it will be considered as a no-show, and the credit used to book the session will be lost.
11.1 You agree to be contacted on the mobile/telephone number/email or any other way of communication provided by you to us through our live chat, email, registration, outdoor marketing location, contact form, customer support or any other mode. You agree that our calls made to you are acceptable to you even if your number is registered in DND/DNC List.
11.2 By booking appointments on the Website, you agree to receive for the AmFine.in’s emails/sms/call to confirm your appointments, or to remind you of your appointment, or to confirm a successful or failed cancellation, or to send you greeting messages, or to offer you additional products or services, or to send you information or newsletter to the extent that you have actively opted in for this information/newsletter) relevant to counselling or health care. Please read the privacy and cookies policy for more information.
11.3. AmFine.in is governed by the Indian laws for telehealth. If any users outside India intent to take our services, they agree that its solely their own choice and responsibility.
The site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our site does not imply approval or endorsement of the linked website by us. If you decide to leave our site and access these third-party sites, you do so at your own risk.
The site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in press releases or otherwise, should not be relied upon as being provided or endorsed by us.
AmFine.in makes no representation that materials on this site are appropriate or available for use in your legal jurisdiction. Those who choose to access this site do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this site may be subject to international export controls. By using the site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such restricted jurisdiction. Information AmFine.in publishes on the World Wide Web may contain references or cross references to AmFine.in products, programs or services that are not announced or available in your country.
You agree to defend, indemnify and hold harmless AmFine.in, its affiliates and their respective directors, officers, employees and agents (collectively, "Affiliated Parties") from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees and costs) arising out of or accruing from:
any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy;
any misrepresentation made by you in connection with your use of the site;
any non-compliance by you with the terms and conditions of this Agreement;
claims regarding any liability, loss, claim and/or expense arising from or related to your access and use of the site, including information obtained through the site. Notwithstanding the foregoing, AmFine.in reserves the right to assume at its expense the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with AmFine.in in asserting any available defenses.
16.1 Electronic Communications: when you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.
16.2 Entire Agreement: these Terms of Use, any associated or subsequent Privacy Policy, and other policies Amfine.in may post on this website constitute the “entire agreement” between Amfine.in and you in connection with your use of this site including, without limitation, the User Portal, and supersedes any prior agreements between Amfine.in and you regarding use of this site, including prior versions of these Terms of Use.
16.3 Dispute: all disputes between the Parties arising in connection with this Agreement shall be finally settled by binding arbitration, using Expedited Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator shall be an individual generally skilled in the legal and business aspects of the subject matter of this Agreement. The arbitrator shall have no authority to impose penalties or award punitive damages. The arbitration shall take place at the appropriate venue located in Kunnamkulam, Thrissur, India, and the arbitrator shall apply the law of the State of Kerala and applicable rules of evidence. If all parties and the arbitrator agree, arbitration may take place by telephone or by written communication. Unless the arbitrator otherwise directs, the parties, their representatives, other participants, and the arbitrator shall hold the existence, content, and result of the arbitration in confidence. No action, regardless of form, related to the obligations of the parties under this Agreement may be brought by either party against the other more than one (1) year after the cause of action has accrued.
16.3.1 In any proceeding to enforce this Agreement, you explicitly waive your right to recover any litigation costs or attorneys’ fees. Notwithstanding the foregoing, Amfine.in may seek immediate injunctive relief in the event of your infringement of intellectual property rights hereunder or a breach of your confidentiality obligations.
16.3.2 Notwithstanding the provision of this section, Amfine.in may, at its sole discretion, choose to terminate this Agreement and, thus, preclude the ‘Dispute’ provision of this Agreement.
16.4 Governing Law & Severability of Provisions: these Terms of Use are governed by the laws of the Indian State of Kerala and controlling Indian Law without regard to any conflicts of law provisions. All parts this Agreement apply to the maximum extent permitted by law. Both Parties agree that if a part of this contract is found to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of such part, to the extent permitted by law. The invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
16.4.1 To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision.
16.5 Remedies: you agree that any violation, or threatened violation, by you of this Agreement constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
16.6 No Agency Relationship: neither these Terms of Use, nor any Content, materials or features of this website create any partnership, joint venture, employment, or other agency relationship between you and us. You may not enter into any contract on our behalf or bind us in any way.
Contacting Us
If you have any questions or concerns about this Agreement, please do not hesitate to contact us at [email protected] . We will attempt to respond to your questions or concerns promptly.
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