This website www.thinkliving.in (“Website“) is owned and operated by Thinck Holistic Living Private Limited. The terms ‘You’ or ‘Your’ used herein refer to you as the user (irrespective of whether You are a Registered User or a Non-Registered User or a Practitioner) and the terms ‘Thinkliving’, ‘Thinck’ ,’We’, ‘Us’, ‘Company’, and ‘Our’ refer to Thinck Holistic Living Private Limited.
1. THE WEBSITE
1.1. Users: This website can be accessed by visitors / non-registered users, registered users and practitioners. “Registered Users” are those users who have registered themselves on the website by providing Thinck with certain information and have an account on the website which they can log on to by providing a username and password. “Non-Registered Users” are users who are not registered with the website but may access information on the website. “Practitioners” are duly qualified healthcare professionals/ therapists/practitioners and (a) with whom Registered Users can book appointment using the website or (b) who can provide information to questions raised by Registered Users or (c) with whom Registered Users can consult privately or get trained by d) who generate and provide health related or any other relevant information for general use of Registered Users. Registered Users, Non-Registered Users and Practitioners shall collectively be referred to as “Users“.
1.2. Features of the website: The following features are offered by the website:
a) For Registered Users:
i. Platform for obtaining generic and preliminary information from Practitioner to a health related or wellness related question: You may ask any health related or wellness related question on the website and obtain preliminary and generic information to such question from a Practitioner. Your identity is not disclosed to other Registered Users at this stage.
ii. Platform for viewing generic and preliminary information of Practitioner on questions submitted by other Registered Users: You may access the information provided by a Practitioner to questions submitted by other Registered Users on the website.
iii. Platform to schedule in-person appointment with Practitioner: You may use website to schedule an in-person appointment with Practitioner at the Practitioner’s premises.
iv. Platform to interact with Practitioner privately: You may interact with a Practitioner privately on the chat feature available on the website or via other communication feature which the website may provide after paying consultation fee to the Practitioner and an internet handling fee to Thinck as applicable from time to time.
v. Platform for scheduling a workshop or training program by a Practitioner, both online and offline.
vi. Platform to pay Practitioner for non-website interaction: You may make use of the website solely for the purpose of paying a Practitioner for a non-website/offline interaction with such Practitioner after paying Thinck’s internet handling fee.
b) For Non-Registered Users:
i. Access to profiles of a Practitioner: You can access the Practitioners’ profiles containing their name, qualification, experience, consultant fees, personal statement, and such other information as may be provided by the Practitioner.
ii. Access to Practitioner Availability for in-person or online appointment or training or workshops: Based on information communicated by Practitioner, the website shows indicative appointment slots available for appointments or training or workshops with Practitioners.
c) For Practitioners:
i. Platform to publish profile: You may publish Your profile containing Your name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on the website. Your profile can be accessed by all Registered as well as Non-Registered Users.
ii. Platform for private interaction: You may use website for private interaction with Registered Users. In course of the private interaction, You can exchange texts, images, videos over the chat feature, if provided by Thinck, on the platform and communicate through other means provided by Thinck such as calls.
iii. Platform to receive consultation fees for website and some non-website interaction: You will receive fees for Your interactions with Registered User, after deduction of Our charges, from us, where the User has paid Us.
iv. Platform to provide information to questions to health related questions submitted by Registered Users: You may provide generic information to health related questions submitted by Registered Users, through means provided us, if these means are provided by Us.
v. Platform to publish Practitioner-contributed health related information and education material: Thinck may, with or without modification, in its sole discretion, publish on the website health related information and education material such as articles provided by you.
1.3. Types of content on the website:
The following types of content are available on the website:
1.3.1. Content provided by Registered Users including questions provided by Registered Users and interactions in the course of private interactions with Practitioners (“User Content“);
1.3.2. Content including health related information and material provided by the Practitioners; information provided by the Practitioners by way of responses to questions raised by Registered Users or in course of private interactions with Registered Users (“Practitioner Content“);
1.3.3. Content generated by Thinck for the website (“Thinck Content“);
2. USE OF THE SITE
2.1. Use by all Users (Registered, Non-Registered User and Practitioner)
2.1.1. You will use the website and the features provided by the website in compliance with all applicable laws of India. You will not use this website or any feature provided by the website for any purpose not intended under this Agreement.
2.1.2. You will not use the website in any manner which is unlawful or is harmful to Thinck, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the website.
2.1.3. As part of Your registration process as well as in course of Your use of the website, You may receive SMS messages from Thinck on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the website and any such information found suitable of Your attention by Thinck. Thinck will send these SMS messages only to the mobile number provided by You on the website. Hence, it is Your responsibility to ensure that You provide the correct contact number while registering with Thinck. Further, Thinck may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the website and You hereby consent to receive such messages from Thinck.
2.1.4. By using the website and/or registering yourself at Thinck, you expressly authorize us to contact you via email or phone call or SMS and offer you the services you have opted for from a Practitioner, imparting knowledge of the services, offer promotional offers running on the website, for which reasons, personally identifiable information as detailed below may be collected. You authorize us to contact you for the above mentioned purposes till 45 days of your engagement with us, irrespective of your having registered yourself under DND or DNC or NCPR service.
2.1.5 No agency, partnership, joint venture, or employment is created as a result of this Agreement or your use of any part of the website. You do not have any authority whatsoever to bind Thinck in any respect. All Practitioners are independent contractors. Neither Thinck nor any users of the website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
2.2. Use by Registered User.
2.2.1. You acknowledge that this website is an informative platform only and that neither Thinck nor this website are not in the business of providing healthcare services.
You further acknowledge and agree that Thinck is not a party to any oral or written contract entered into between you and the Practitioner, directly or indirectly, through the website. You acknowledge, agree and understand that Thinck only seeks to provide a platform wherein the Registered User and the Practitioner can be brought together and Thinck itself has no role in the execution or provision of healthcare or wellness services.
2.2.2. You will independently verify any information You see on the website including information provided by a Practitioner.
2.2.3. The website allows You to select and schedule appointments with Practitioners with the assistance of lists and/or profile previews provided by Thinck of Practitioners who may be suitable to deliver the health care/therapy/wellness service that You are seeking based on information that You provide to Thinck.
2.2.4. Please note that Thinck (i) does not recommend or endorse any Practitioner mentioned on the website; and (ii) does not make any representations or warranties with respect to Practitioners or the quality of the services they may provide, and (iii) does not grade Practitioners.
2.2.5. You will obtain all relevant consents and approvals prior to posting or providing any User Content.
2.2.6. You may schedule an appointment on the website for Your family members and friends. However You will be solely responsible for any activity that is undertaken by You on behalf of your family members and friends.
2.2.7. You may provide Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the website which may be accessed by the Practitioner at the time of private interactions using the website.
2.2.8. An advance internet handling fee will be levied for each private interaction that You have with a Practitioner through the website or if You wish to schedule an appointment with the Practitioner at the premises of the Practitioner. Thinck will also collect the consultation fee payable to the Practitioner in advance on behalf of Practitioner and pay to Practitioner.
2.3. Use by Non-Registered User.
2.3.1. You may access the lists and/or profile information of Practitioners based on information that You provide to the website’s search features (such as area of specialty and geographical location). You acknowledge that Thinck (i) does not recommend or endorse any Practitioners mentioned on the website; and (ii) does not make any representations or warranties with respect to these Practitioners or the quality of the services they may provide.
2.4. Refund Policy for Paid Consultation.
2.4.1. In the event a Practitioner is not available to respond to a paid consultation scheduled by you and the Practitioner, You can report the issue to Thinck and request the consultation to be rescheduled. However, if you do not wish to reschedule the consultation with the Practitioner, You can request a refund from Your consultation by sending us an email at email@example.com. Thinck will process the refund amount equalling to the total actual amount paid by You, including any internet handling fees. However, the refund will not include the discount value, if any, provided by Thinck.
In the event the Practitioner is unavailable for any consultation scheduled by him/her and the Registered User, the Practitioner will be liable to pay an amount of 25% (twenty five per cent) of the fee paid by the Registered User for the consultation. In the event you cancel a scheduled paid consultation three or more times, Thinck reserves the right to terminate Your contract with Thinck and Your account can be temporarily or permanently suspended from the Website. .4.2. In the event it is proved that a Practitioner has acted in a manner that is against any applicable laws, Thinck shall provide complete refund to Registered User, subject to investigation undertaken by Thinck.
2.4.3. In the event it is proved that You have demonstrated abusive or objectionable behaviour during the consultation, You shall not be eligible for any refund and Thinck /Practitioner shall be entitled to take appropriate legal action.
2.4.4. In the event You cancel a paid consultation scheduled with You and Practitioner for any reason whatsoever more than 48 (forty eight) hours before your scheduled appointment, You can reschedule the consultation with the same Practitioner within a 3 (three) month period from the date of cancellation, subject to the availability of slots of the Practitioner. If the Practitioner Fees change in the three month period, you can reschedule the consultation on payment of the balance fee. In case you do not wish to consult the Practitioner in the aforesaid period, the consultation fee will be refunded to you after deducting the internet handling fee levied by Thinck and applicable taxes and commissions, only if the scheduled appointment is cancelled more than 48 (forty eight) hours before the scheduled appointment, if it is cancelled 48 hours or less before the scheduled appointment, neither will you be entitled to a refund of the fee/charge paid by you nor will be entitled to reschedule your appointment . There will be no refund of the internet handling fee levied by Thinck. In case of a no-show by a Registered User, where a Registered User who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same and the Practitioner informs Thinck about the no-show by the Registered User, the account of the Registered User, may at the discretion of Thinck, be temporarily disabled and the Registered User may be disabled from booking further online appointments on the Website for next four (4) months. No refund will be given to the Registered User in this case.
2.5. The User shall bear any applicable tax payable or which will be levied in the future in respect of the use of the services/features of this Website or use of this Website.
3. ROLE OF THINCK
3.1. Thinck’s role is limited to a) providing a platform for hosting and publishing User Content and Practitioner Content b) providing a platform for Registered Users to raise health or wellness related questions and Practitioner’s to provide preliminary and generic information to the questions c) providing a platform for private interaction between Registered User and Practitioner d) providing a platform to find Practitioners based on Registered User’s inputs and Practitioner profiles created through information provided by Practitioners and e) facilitating collection and disbursal of consultation and service fees for Practitioners.
3.2. Thinck’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Thinck has no responsibility and / or liability in respect of the content and transactions on the website including any User Content or Practitioner Content, information provided by Practitioners, interactions between Practitioners and the Users.
3.3. Thinck is under no obligation to review or monitor User Content or Practitioner Content at any time. However, Thinck, at its sole discretion, may elect to monitor any User Content or Practitioner Content and remove any User Content and Practitioner Content from the website. Where Thinck removes any User Content or Practitioner Content from the website, Thinck will make reasonable efforts to inform the User or Practitioner who had posted such User Content or Practitioner Content respectively. Such actions do not in manner negate or dilute Thinck’s position as an intermediary or impose any liability on Thinck with respect to User Content and/or Practitioner Content.
3.4. If Thinck suspects any illegal, wrongful or fraudulent activity on the website by any User, Thinck reserves the right to inform the relevant government or law enforcement authorities, notwithstanding any other rights Thinck may have.
3.5. Thinck does not endorse any particular branch of medicine, therapy, theory, opinion, viewpoint or position on any topic.
3.6 Thinck may, at its sole discretion, modify or alter the Services, Technology or Products provided on this Website.
4. LINKS TO THIRD PARTY WEBSITES
4.1. You may be provided with links on the website that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party websites“). Thinck does not endorse any Third Party websites.
5. PROPRIETARY RIGHTS
5.1. Thinck respects the intellectual property rights of others, and We expect the same from You. The website, User Content, Practitioner Content and the Thinck Content are protected by applicable intellectual property laws of India.
5.2. Thinck’s Rights to the website and Thinck Content.
5.2.1. Thinck is the sole and exclusive owner of all intellectual property in and to the website, any software, techniques and processes used in connection with the website (except private consultation data and discussions). No rights, impliedly or expressly, are granted by Thinck to You in respect of such works through Your use of the website. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise. 5.2.2. Thinck asserts all proprietary rights in and to all names and trademarks contained on the website. Notwithstanding the generality of the foregoing, the name, “Thinck” is the trademark and copyright (or any other intellectual property right) of Thinck. Any use of the Thinck’s trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Thinck and may be actionable under the applicable laws.
5.2.3. Except as stated otherwise in this Agreement, all Thinck Content (including all intellectual property rights to such content) is owned exclusively by Thinck.
5.2.4. When You use the website in accordance with this Agreement, a limited, revocable, non-exclusive, royalty-free right is granted to You by Thinck to use Thinck Content for personal and non-commercial use in India for the time that You are either a Registered User or a Practitioner or for the time that You make use of the website, whichever is less.
5.2.5. Unless expressly authorized by Thinck, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Thinck Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
5.3. Rights in User Content and Practitioner Content.
5.3.1. You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or Practitioner Content (in case You are a Practitioner) that You post on the website or provide to Thinck.
5.3.2. You hereby grant Thinck a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or Practitioner Content (in case You are a Practitioner) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or Practitioner Content, as the case may me, and create derivate works of the User Content or Practitioner Content, as the case may be.
6. PERSONAL INFORMATION
6.1.1. We may collect various personal information from You when You use the website and or the features provided by the website.
7.1. Interaction with Practitioner on the website:
7.1.1. You understand and agree that any interactions and associated issues with the Practitioner(s) on the website, is strictly between You and the Practitioner(s). You shall not hold Thinck responsible for any such interactions and associated issues. Thinck is not involved in providing any healthcare or medical advice or service or diagnosis and hence is not responsible for any outcome between You and the Practitioner You interact with. If You decide to engage with a Practitioner to provide services, You do so on your own volition and at Your own risk.
7.1.2. The search results (which are based on a computer algorithm) for Practitioners on this website, or provision of access to any Practitioner on this website on the basis of Your specific request, should not be construed as endorsement by this website of any such particular Practitioner. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of any Practitioner.
7.1.3. Thinck shall not be responsible for any breach of service or service deficiency by any Practitioner.
7.1.4. We can neither assure that all transactions on the website will be completed nor do We guarantee the ability or intent of Practitioner to fulfill their obligations in any transaction. We advise You to perform Your own independent investigations prior to selecting a Practitioner.
7.3 We are not responsible for the accuracy or completeness of information available from or through Our website. You assume full risk and responsibility for the use of information You obtain from or through this site, and You agree that Thinck is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any Practitioner or products, items or services, and the appearance of materials on the website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the information on the website, and to make an independent decision of their suitability for use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the website.
7.4. Information regarding Practitioner and practice information: Information regarding Practitioner and practice information found on the website is intended for general reference purposes only. Such information found on the website are provided by the Practitioner. Such information is liable to frequent change and may become out of date or inaccurate. Neither the website nor Thinck provides any advice or qualification or certification about any particular Practitioner. You are encouraged to independently verify any such information You see on the website with respect to a Practitioner.
The qualifications of the Practitioners listed on the Website have been furnished by the Practitioners and have not been verified by Thinck. Thinck shall not be responsible for any misrepresentation or inaccuracy or incompleteness in any of the details provided by the Practitioners on the Website. You undertake to independently verify the details, especially the qualifications of the Practitioner before engaging his/her services on the Website. You agree to indemnify and hold harmless Thinck and its directors, employees or officials from any loss, injury, damage caused by any inaccuracy or misrepresentation by the Practitioners on the Website.
7.5. No Professional Relationship: Some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the website (including information provided in direct response to Your questions or postings) may be provided by Practitioners. The provision of such content to You by Thinck does not constitute delivery of services to You and does not create a professional relationship between Thinck and You.
7.6. No Medical Advice Provided: The content provided by the website, either by Thinck, should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with putting you in contact with a qualified practitioner. If You rely on any of the Information provided by the website, You do so solely at Your own risk. The Information that You obtain or receive from Thinck, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the website is for informational and scheduling purposes only. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
7.7. Your use of Information provided on the website is solely at Your own risk. Nothing stated or posted on the website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care or wellness. You acknowledge and confirm that Thinck shall not be responsible for Your treatment or wellness or be treated as a health care provider on account of collection of the consultation fees for private consultation by Practitioner, for any reason whatsoever.
7.8. THINCK DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE AND ITS FEATURES; (II) Practitioner WHO RESPONDS TO QUESTION OF A REGISTERED USER OR WHO INTERACTS WITH A REGISTERED USER; (III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR Practitioner CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.
7.9. THINCK MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
7.10. THINCK ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT OR Practitioner CONTENT (AS APPLICABLE) WHICH YOU MAY POST ON THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
7.11. YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR THINCK TO VOUCH FOR THE VALIDITY, AUTHENTICITY AND HONESTY OF USER CONTENT OR Practitioner CONTENT. THINCK IS NOT RESPONSIBLE FOR ANY USER CONTENT OR Practitioner CONTENT ON THE SITE, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
7.12. THE SITE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. NEITHER THINCK NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE WEBSITE. NEITHER THINCK NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT OR Practitioner CONTENT, THINCK CONTENT OR YOUR PERSONALIZATION SETTINGS.
7.13. THINCK DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND SMS OR OTHER NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE WEBSITE.
7.14. Neither the Practitioners nor Thinck shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of Practitioners / Thinck or due to technical reasons or third party actions.
7.15 Thinck is not responsible, and shall not be liable for, any damages to, or viruses that may infect the User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website.
7.16 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
8. LIMITATION OF LIABILITY
In no event will Thinck or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not Thinck has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, Thinck’s liability under this Agreement to YOU shall in no event exceed the fee amounts collected from You in the preceding one year.
9. REPRESENTATION AND WARRANTIES
By using this website you represent and warrant that:
9.1. You are eighteen years of age or older and that Your use of the website does not violate any applicable law or regulation;
9.2. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information and that you will be solely responsible for any loss, expense, claim or cost incurred in the event any of the information provided by you is incomplete or inaccurate or in the event of misrepresentation by you;
9.3. You as a Registered (other than in Your capacity as a Practitioner) or Non-Registered User will use the website solely for Your personal and non-commercial use. Any use of this website or its content other than for personal purposes is prohibited.
9.4. The following restrictions will apply for your use of the website:
9.4.1. You will not delete or modify any content of the website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos;
9.4.2. You will not decompile, reverse engineer, or disassemble the content, or
9.4.3. You will not remove any copyright, trademark registration, or other proprietary notices from the website. You further agree not to access or use this website in any manner that may be harmful to the operation of this website or its content.
9.5. You will not use the website and / or services in any way that is unlawful, or is harmful to the Company or any other person or entity, as determined in the Company’s sole discretion.
9.6. You will not engage in any form of antisocial, disruptive, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used.
9.7 You will not circumvent or manipulate our fee structure, the billing process, or fees owed to Thinck;
9.8 You will not post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any User);
9.9 You will not impersonate another person.
9.10. You will not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which You have no right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, 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.
9.11 You agree to be bound by all terms and conditions of this Agreement and any other documents incorporated by reference herein.
9.12 If you do not pay on time or if Thinck cannot charge your credit card, debit card, any payment gateway or other payment method for any reason, Thinck reserves the right to either suspend or terminate your access to the website and account and terminate this Agreement. You are expressly agreeing that Thinck is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this website and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Thinck may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Thinck reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.
9.13 You understand that Thinck is acting as an intermediary for the collection of fees between a Practitioner and Registered Users who choose to avail of the service offered by a Practitioner. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Thinck shall not be responsible or liable in any manner in relation to tax liability of a User.
9.14 You agree to use the advice from the Practitioner on the Website subject to: (a) an ongoing treatment with your medical practitioner; (b) a condition which does not require emergency treatment, physical examination or medical attention; (c) medical history available as records with you for reference; (d) a record of physical examination and report thereof with you, generated through your local medical practitioner; and (e) consultation with your medical practitioner before abandoning or modifying your ongoing treatment.
As a participant in the website, You agree to use careful, prudent, and good judgment when leaving feedback or review for a Practitioner. The following actions constitute inappropriate uses of feedback: (a) threatening to leave negative feedback for a Practitioner t for services not included in the fee charged by the Practitioner or services/products not agreed to as part of the services/products offered by the Practitioner; and (b) leaving feedback in order to make the Practitioner appear better than he or she actually is or was.
If you violate any of the above-referenced rules in connection with leaving feedback, Thinck, in its sole discretion, may take any of the following actions: (i) cancel your feedback or any of your posts; (ii) limit your account privileges; and/or (iii) suspend your account. You may contact Thinck regarding any inappropriate use of feedback via-email at firstname.lastname@example.org. In the event of any dispute between users of the website concerning Feedback, the decision of Thinck shall be the final. Further, in the event of any dispute between Users of the website, Thinck has the right, in its sole and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liability.
You hereby indemnify, defend, and hold Thinck, the Thinck’s directors, employees, agents, representatives and other authorized users (Registered and Non-Registered Users, Practitioners), and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities, expenses and costs arising from (i)Your use of the website or the services offered by it (ii) Your breach of provisions of this Agreement (iii) any negligent or intentional wrongdoing on Your part(iv) any act of omission or commission by another User of this Website.
Thinck reserves the right, at its sole discretion, to suspend and / or terminate Your user account and/or access to the website by blocking Your IP address or email ID with or without notice to You, in the event You breach this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the website. Upon suspension or termination, Your right to use the features on the website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the website, User Content, Practitioner Content or Thinck Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. Thinck shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
13. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the Courts in Bengaluru shall have exclusive jurisdiction in respect of any disputes or claims arising from or out of this Agreement.
14. DISPUTES BETWEEN USERS
Subject to the provisions regarding disputes between Users of the website in connection with Feedback, your interactions with individuals and/or organizations found on or through the website, including payment of and performance of any service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, a Registered User and Practitioner.
You understand that deciding whether to use the services of a Practitioner or provide services to a Registered User or use information contained in the website, is your personal decision for which you alone are responsible. You acknowledge that Thinck does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. You also understand that any background check undertaken by Thinck is not exhaustive and hence, ultimately, the Registered User should take an informed and independent decision, bearing in mind that Thinck only seeks to provide a platform wherein Registered Users and Practitioners have an opportunity to meet each other.
Notwithstanding the foregoing, you agree that since Thinck only seeks to provide a platform wherein the Registered User and the Practitioner can be brought together and Thinck itself has no role in the execution or provision of any services itself, Thinck shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction. If there is a dispute between Users on the website, you acknowledge and agree that Thinck is under no obligation to become involved. in the event that a dispute arises between you and one or more users of the website or any third party, you hereby release Thinck, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, losses, demands, expenses, costs and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes.
16. GENERAL PROVISIONS
16.1. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
16.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, mail, courier, or otherwise delivered by hand, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to Thinck: email@example.com
If to You, at the email address provided by You to us when You registered as a Thinck User.
16.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
16.4. Complete Understanding: The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement. The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
16.5. Force Majeure: Thinck shall not be liable for any downtime or delay or unavailability of the website caused by circumstances beyond Thinck’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
16.6. Advertisement: Thinck shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the website.
16.7. Assignment: You may not assign or sub-license, without the prior written consent of Thinck, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
16.9 Contact: In case of any queries, you may write to us at: firstname.lastname@example.org.