newdirectionsindia.com is owned and
controlled by New Directions (A Venture of Lakshay Edusolutions Pvt. Ltd.)
(hereinafter “New Directions”). These are the terms and conditions that you
must agree with to use the services offered at newdirectionsindia.com. This
agreement is between You and New Directions. By checking terms and conditions
box, you declare that you “have read and understood and that you agree to the
Terms and Conditions of New Directions” and are entering into an agreement with
New Directions.
YOU SHOULD READ THE AGREEMENT CAREFULLY
AND IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT
CHECK THE BOX OR CONTINUE WITH USING THE SERVICES OF New Directions.
BY CHECKING THE TERMS AND CONDITIONS
BOX, YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OLD OR THAT YOU ARE ABLE TO ENTER
INTO A CONTRACT LEGALLY.
New Directions can modify these Terms
and Conditions or any of its parts at its sole discretion. Thus, the User is
encouraged to check the terms and conditions frequently and that you would be
bound by the modified Terms and Conditions.
Your access to and use of the New
Direction’s Services is conditioned on your acceptance of and compliance with
these Terms. These Terms apply to all visitors, users and others who access or
use the Service.
By accessing or using the Service, you
agree to be bound by these Terms. If you disagree with any part of the terms,
then you should discontinue using New Directions services.
1. Definition
1.1. User: The word ‘User’ would stand
for all those who are using the services of New Directions including the
Counsellors, Counselling Centre, School, Client unless otherwise specified. The
word, ‘User’ would stand only for the members who want to seek counselling, at
places where the word ‘Counsellor’ explicitly appears with it.
2. Purchases
2.1. If you wish to purchase any
service made available through New Directions, you may be asked to supply
certain information relevant to your Purchase including, without limitation,
your credit/debit card number and the expiration date of your credit/debit
card.
2.2. You represent and warrant that you
have the legal right to use any credit card(s)/ debit card(s) or another
payment method(s) that are accepted by New Directions in connection with any
Purchase.
2.3. By submitting such information,
you grant New Directions the right to provide the information to third parties
for purposes of facilitating the completion of Purchases.
3. Payment
3.1. The User, who wishes to take the
services of a Counsellor, pays amount equivalent to the fees displayed by that
particular Counsellor on newdirectionsindia.com. This amount could vary from Counsellor
to Counsellor.
3.2. After the session time is over, a
2 day is available for addressing issues regarding the session. After 2 days,
no issue/ complain will be addressed and the session will be deemed complete.
3.3. User has to pay to Counsellor a
set amount as Counselling service charges before Session. This amount is not
refundable.
3.4. All payments are subjected to
Indian currency.
4. Rescheduling and Cancellation/Refund
4.1. RESCHEDULING CAN BE DONE ONLY
UPTILL 24 HOURS BEFORE THE ACTUAL SCHEDULED SESSION. In case a session is not
rescheduled before 24 hours for the scheduled session, and the User does not
show up for the session or initiates rescheduling, the session will be deemed
complete. After this, the User is not entitled to any refund or rescheduling of
such a session.
4.2. The rescheduling of free sessions
is at the discretion and choice of the Counsellor and User and an internal
matter between the two. New Directions only a facilitating platform in this
regard.
5. Cancellation/ Refund
5.1. Presently, we do not offer
cancellations or cash refunds. For dispute resolution, contact New Directions.
5.2. New Directions reserves the right
to refuse or cancel its services at any time for certain reasons including but
not limited to service unavailability, errors in the description or price of
service, error in your request for services or other reasons. New Directions
also reserves the right to refuse or cancel your request/services if intention
or process of crime or fraud or an unauthorized or illegal transaction is
suspected.
5.3. In no event shall New
Directions, nor its directors, employees, partners, agents, suppliers, or
affiliates, be liable for any indirect, incidental, special, consequential or
punitive damages, including without limitation, court costs, attorneys’ fees,
loss of profits, data- use, goodwill, or other intangible losses, resulting
from a DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA NEWDIRECTIONSINDIA.COM
6. Counselling Services
6.1. New Directions provides a
platform where users can connect and communicate with a counsellor, life coach,
or therapist (together “Counsellor”) and requests to get advice or help.
Through the counselling services, New Directions provides a platform to select
the preferred counsellor, life coach, professional or therapist as per their
requirement, schedule an appointment and user pay for the services using New
Directions.
6.2. In this Regard, it should be
clear that New Directions only serves as a “facilitator” and a “platform” for
users to get access to counsellors, life coach, professionals or therapists who
have registered on New Directions to offer their services in an online mode.
6.3. Before enlisting a Counsellor, New
Directions exercises a limited and reasonable due diligence and background
check and accepts the information provided by a Counsellor on its face value
and on good faith. Thus, New Directions does not offer any warranty as to
qualification, quality or genuineness of any Counsellor. New Directions does
not verify the genuineness of qualifications or claims made by any Counsellor.
6.4. Regarding the Counsellor, it is
the absolute responsibility and the absolute choice of the User. The User is
wholly responsible for the Counsellor they choose to interact with and New
Directions holds no responsibility for it. You agree not to hold us
responsible, for any damages or losses or trauma resulting directly or
indirectly from interaction with a Counsellor found or made available through
New Directions.
6.5. Additionally, New directions takes
no guarantee or warranty of the efficiency of the Counsellors and the
effectiveness of their services; whether the user finds the services and advice
of the Counsellor useful, helpful, satisfactory and accurate to the User’s
expectations and questions.
6.6. New Directions does not endorse or
validate the services of any of the registered Counsellors, which also remain
confidential between the Counsellor and the User. Whatever reviews are present
on Newdirectionsindia.com about a Counsellor are based on User reviews and not
New Direction’s reviews or recommendations. The User does not hold New
Directions responsible for these reviews as they are exclusively based on other
Users’ opinions.
6.7. Regarding the counsellors, the
User’s relationship is strictly with the counsellors alone. The user takes the
responsibility for his/her decision to use New Directions as a connecting
platform and the choice of his/her counsellor. New Directions is only a
platform that facilitates the communication and is not involved in the
relationship between the User and the Counsellor.
6.8. User agrees to not contact New
Directions Counsellors outside of the New Directions Counselling Centre
Platform, and New Directions cannot be held responsible for conduct of the
Counsellor whether contacted through Newdirectionsindia.com or otherwise.
6.9. It is also the responsibility of
the user to check the qualifications and credentials or other relevant
documents required for the delivery of services as counsellor,. It is strongly
advised and recommended that the user independently verify the qualifications
and credentials of the counsellor from whom the user is planning to seek advice
or with whom the user is already in touch and seeking help.
6.10. In no event shall New Directions,
nor its directors, employees, partners, agents, suppliers, or affiliates, be
liable for any indirect, incidental, special, consequential or punitive
damages, including without limitation, court costs, attorneys’ fees, loss of
profits, data, use, goodwill, or other intangible losses, resulting from any
acts, opinions, advice, suggestions, information, omissions or services of
counsellors registered on New Directions.
6.11. THE INFORMATION, ADVICE, OR
SUGGESTIONS PROVIDED BY THE COUNSELLORS ARE FOR INFORMATIONAL PURPOSES ONLY AND
SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE OR AN IN-PERSON
MEETING WITH PROFESSIONALS.
6.12. IN CASE YOU ARE THINKING OF
COMMITTING SUICIDE OR HARMING YOURSELF OR OTHERS IN ANY WAY OR ARE IN A MEDICAL
EMERGENCY, PLEASE DO NOT USE THIS PLATFORM AS IT DOES NOT PROVIDE EMERGENCY
SERVICES. PLEASE IMMEDIATELY CALL THE RELEVANT EMERGENCY NUMBER IN THE COUNTRY YOU
RESIDE IN AND/OR THE EMERGENCY MEDICAL SERVICES AND ALSO NOTIFY THE POLICE OR
OTHER COMPETENT AUTHORITY IN YOUR JURISDICTION. DUE TO THE VERY NATURE OF
SERVICES BEING PROVIDED AND GEOGRAPHICAL LIMITATION, NEW DIRECTIONS DOES NOT
HAVE ANY LEGAL OBLIGATION OR OTHERWISE TO INFORM ANY PERSON IN THIS RESPECT. IT
IS CLARIFIED THAT NEW DIRECTIONS DOES NOT OBLIGE OR REQUIRE COUNSELLOR TO
DISCLOSE ANY INFORMATION DISCLOSED BY YOU TO A COUNSELLOR, WHICH REMAINS
CONFIDENTIAL BETWEEN YOU AND YOUR CHOSEN COUNSELLOR.
7. Limitation of Liability
7.1. Users understand and agree that in
no event shall New Directions, nor its directors, employees, partners, agents,
suppliers, or affiliates, be liable for any user or any third party for any
indirect, incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, court fees,
attorneys’ fees or other intangible losses, resulting from (i) the users access
to or use of or inability to access or use newdirectionsindia.com; (ii) any
conduct or content of any third party on new directions; (iii) any content
obtained from New Directions; and (iv) unauthorized access, use or alteration
of the users transmissions or content, whether based on warranty, contract,
tort (including negligence) or any other legal theory, whether or not New
Directions have been informed of the possibility of such damage, and even if a
remedy set forth herein is found to have failed of its essential purpose.
7.2. User(s) further understand and
agree that: 1) New Directions, its directors, employees, partners, agents,
suppliers, or affiliates’ aggregate liability for damages arising with respect
to this agreement and any or all use of the site will not exceed the total
amount of money paid by the user to New Directions in the one month period
prior to the date the claim arose; 2) New Directions disclaims any liability
with respect to any claim, suit or action brought by a counsellor in connection
with payment for services by the user. The user agrees to indemnify, defend and
hold New directions harmless in connection with any such claim. The preceding
limitations and exclusions will apply regardless of whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or not
New directions have been informed of the possibility of such damage, and even
if a remedy set forth herein is found to have failed of its essential
purpose.
7.3. If applicable law does not allow
the limitation of liability as set forth above, the limitation will be deemed
modified solely to the extent necessary to comply with applicable law. This
section (limitation of liability) shall survive termination or expiration of
this agreement.
8. User Accounts, Conduct and Use
8.1. When you create an account with
New directionsindia.com, you must provide New directions information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on Newdirectionsindia.com.
8.2. The User is responsible for
safeguarding the password that he/she uses to access newdirectionsindia.com and
for any activities or actions under the user’s password, whether your password
is with New Directions or a third-party service.
8.3. New Directions will not be liable
for any loss that you incur as a result of someone else using your account or
your password, either with or without your knowledge. New Directions will hold
you liable and responsible for any losses incurred by new directions due to
someone else’s use of your account or password.
8.4. The User agrees not to disclose
his/her password to any third party. The User must notify us immediately upon
becoming aware of any breach of security or unauthorized use of his/her account.
8.5. The User may not use as a username
the Name of another person or entity or that is not lawfully available for use,
a name or trademark that is subject to any rights of another person or entity
other than the user without appropriate authorisation, or a name that is
otherwise offensive, vulgar or obscene.
8.6. By submitting the User
registration form, You, the User, represent, warrant and agree to the
following:
i) You are at least 18 years of age and
that you are authorised to sign and submit the client registration form on
behalf of yourself or on behalf of the person that you represent and bind him
or her.
ii) You are solely, exclusively and
fully liable for all conduct, postings and transmissions that are made under
your user name and password.
iii) The User(s) understands the ‘Human
Logic’ of proper usage of such an online platform like newdirectionsindia.com.
The intention of the User(s) to use newdirectionsindia.com must be valid, in
good faith and legitimate. The phrase ‘Human Logic’ means that New Directions
offers a platform where people can seek help from other human beings, and
therefore, remains subject to human behaviour. The User is required to desist
from using offensive language, threats, and expression of any other form of
bias.
9. Availability, Errors and
Inaccuracies
9.1. New Directions is constantly
updating its offerings services on newdiredtionsindia.com. The services offered
on New Directions may be mispriced, described inaccurately, or unavailable, and
New Directions may experience delays in updating information on
Newdirectionsindia.com and in the advertising on other websites.
9.2. New Directions cannot and does not
guarantee the accuracy or completeness of any information, including prices,
images, specifications, availability, and services. New Directions reserves the
right to change or update information and to correct errors, inaccuracies, or
omissions at any time without prior notice.
10. Intellectual Property
10.1. newdirectionsindia.com and its
original content, features and functionality are and will remain the exclusive
property of New directions. New Directions is protected by copyright,
trademark, and other laws of India. Our trademarks and trade dress may not be
used in connection with any product or service without the prior written
consent of New Directions.
11. Links to Other Web Sites
11.1. Newdirectionsindia.com may
contain links to third-party web sites or services that are not owned or
controlled by New directions.
11.2. New Directions has no control
over, and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites or services. You further acknowledge and
agree that New Directions shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on or
through any such websites or services.
11.3. New Directions strongly advises
you to read the terms and conditions and privacy policies of any third-party
websites or services that you visit.
12. Termination
12.1. New Directions may terminate or
suspend your account immediately, without prior notice or liability, for any
reason whatsoever, including without limitation if the User breaches the
Terms.
12.2. Upon termination, your right to
use Newdirectionsindia.com will immediately cease. If you wish to terminate
your account, you may simply discontinue using newdirectionsindia.com.
13. Disclaimer
13.1. Your use of the Service is at
your sole risk. The Service is provided on an "AS IS" and "AS
AVAILABLE" basis. The Service is provided without warranties of any kind,
whether express or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, non-infringement or
course of performance.
13.2. New Directions, its subsidiaries,
affiliates, and its licensors do not warrant that a) the Service will function
uninterrupted, secure or available at any particular time or location; b) any
errors or defects will be corrected; c) the Service is free of viruses or other
harmful components; or d) the results of using the Service will meet your
requirements.
14. Governing Law and Jurisdiction
14.1. These Terms shall be governed and
construed in accordance with Indian law, without regard to its conflict of law
provisions. The contract between a User and New Directions shall be deemed to
have been entered into at Sonipat, India, and courts at Sonipat, Haryana, India
alone will have jurisdiction over any disputes that arise out of or in relation
to the relationship between a User and New Directions or any other case
involving New Directions.
14.2. New Direction’s failure to
enforce any right or provision of these Terms will not be considered a waiver
of those rights. If any provision of these Terms is held to be invalid or
unenforceable by an authorised court of Justice and Law, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between new Directions and User regarding New Directions’s
Service(s) and supersede and replace any prior agreements New Directions might
have had with the User regarding the Service.
15. Changes
15.1. New Directiions reserves the right,
at our sole discretion, to modify or replace these Terms at any time. The User
is advised to frequently check the Terms and Conditions and is solely
responsible for it. New Directions will not provide any notice prior to any new
terms taking effect. What constitutes a material change will be determined at
New Directions’s sole discretion.
15.2. By continuing to access or use
New Directions Service(s) after those revisions become effective, you agree to
be bound by the revised terms. If you do not agree to the new terms, please
stop using New Directions Service(s).
16. Contact us
17.1. If you have any questions about
these Terms, please contact us at counsellingnewdirections@gmail.com