Terms & Conditions

KindSpace Private Limited (“KindSpace”) is the author and publisher of the internet resource www.kindspace.in and the mobile application ‘KindSpace’ (together termed as the “Website/Platform”). Kindspace owns and operates the services provided through the Website.

1. Application of Terms of Use

1.1 Please carefully go through these terms and conditions (hereinafter referred to as the “Terms”) and the Privacy Policy available here (hereinafter referred to as the “Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by KindSpace. These Terms and the Privacy Policy together constitute a legal agreement (hereinafter referred to as the “Agreement”) between you and KindSpace in connection with your visit to the Website and your use of the Services as elucidated in Para 4. Use of our Website includes accessing, browsing, searching, using our forums, use of any service which we may provide or registering to use the Website.

1.2 The Agreement applies to you whether you are a health care provider (whether as an individual or an organisation) or similar role fulfilling individual wishing to be listed, or already listed, on the Website, including designated, authorised associates of such provider or individual (hereinafter referred to as “Facilitator(s)”, “you” or “User”); or a group member, his/her representatives or affiliates, availing service of the Facilitators through the Website (hereinafter referred to as “End-User”, “you” or “User”); or otherwise a user of the Website (hereinafter referred to as “you” or “User”).

1.3 These “Terms” (together with the documents referred to in them, if any) tell you the terms of use on which you may make use of our website kindspace.in (the “Website”), whether as a guest or registered user. 

1.4 Please read these Terms of Use carefully (including the “Limitations of Liability” and “Choice of Law and Jurisdiction” sections below) before you start to use our Website, as these will apply to your use of our Website.

1.5 We may update these Terms of Use from time to time, including, to reflect changes in law or as a result of changes to the content of the Website or the addition of new features – it is therefore important that you refer to these Terms of Use from time to time to ensure that you are familiar with the relevant terms which will govern your use of the Website. This version of the Terms of Use is effective as of 1st July 2021.

1.6 This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@kindspace.in.

1.7 By downloading or accessing the Website, you irrevocably accept all the conditions stipulated in this Agreement, the Terms of Use  and  Privacy Policy , as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

1.8 These Terms of Use incorporate the following additional terms, which also apply to your use of our Website:

1.8.1 Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

1.8.2 Our Cookie Policy, which sets out information about the cookies we use on our Website.

1.9 Subject to any specific terms identified in respect of a particular feature or part of our Website, these Terms of Use (including, our Privacy Policy) constitute the entire agreement between you and us with respect to your use of the Website.

2. User Agreement

2.1 By choosing to visit and/or avail any Services and/or product and/or resource from KindSpace, the user confirms that they are a resident in India and above 18 years of age and are not otherwise incompetent to contract under the Indian Contract Act, 1872 and are legally allowed to take decisions of their own. The user also accepts and agrees to our Terms and Conditions and the Privacy Policy (hereafter referred to as “User Agreement” collectively) and those additional terms and conditions and policies referenced herein and/or available by hyperlinks.

2.2 Please read the User Agreement carefully. The terms in the User Agreement are in effect upon your using or availing Services, resources or any product from the platform. Accessing the Service/platform on any medium, including but not limited to mobile phones, smartphones and tablets, is also subject to the terms of the User Agreement.

2.3 We reserve the right to add, modify or remove sections from the User Agreement at any point in time during the course of the agreement with no prior notice. Continuing to use the KindSpace platform, purchase of any Service, resource or product, forms an obligatory legal agreement between the user and KindSpace. Liability to review the User Agreement from time to time lies with the user. Continuation of the use of the platform after revision of the User Agreement will be deemed to be an acceptance of the revised terms.

2.4 Confidentiality after termination: All provisions of this Agreement regarding Confidential Information or Intellectual Property shall remain in full force and effect after the termination of this Agreement.

3. Definitions

3.1 Company

“KindSpace”,  “Company”, “Firm”, “we”, “our”, “us”, “Service Provider” or similar terminology are all in reference to KindSpace Health Technologies Pvt. Ltd. as a provider of Services for the remainder of this document.

3.2 User

A Facilitator or healthcare provider residing or based in India (whether as an individual or a professional or an organisation) wishing to be listed, or already listed on the Website, (hereinafter referred to as “Facilitator(s)”, “you” or “User”); or a client or group member or Service recipient or their representatives or affiliates residing in India, searching for Facilitators through the Website (hereinafter referred to as “End-User”, “you” or “User”); or otherwise a user of the Website or other similar terminology are all in reference to you as the user of the platform as a recipient of our products, Services and resources for the remainder of this document.

3.3 Platform

“Platform” or similar terminology are all in reference to any mobile app, website, or web links that the User can employ to access products, services and resources provided by the Company.

3.4 Facilitator

“Facilitator”, “counselor”, “therapist”, “support group convenor”, “wellness advisor”, “expert”, “consultant” or similar terminology are all in reference to the Facilitator.

4. Nature of Service

4.1 KindSpace is a mental healthcare organization which offers online care groups for people living through difficult circumstances to share, heal and get better together. These include, but are not restricted to, wellness programmes through which you avail various products and services. KindSpace offerings may include/are:

4.1.1 Online support groups with other Users convened by Facilitator(s)

4.1.2 Online and face-to-face consultation with expert Facilitators (who have been authorised by KindSpace to use the platform for delivering their Services)

4.1.3 Periodic self-assessments and psychological tests

4.1.4 Workshops and/or webinars delivered by trained Facilitators

4.1.5 Self-help tools, content and programmes through a range of channels including, but not restricted to websites, mobile applications and emails

4.2 The Services offered by KindSpace are in compliance with our client anonymity and confidentiality policies (refer to Privacy Policy).

4.3 KindSpace reserves the right to add or remove products and Services from its overall offerings without prior notification.

4.4 The aforementioned shall hereinafter be referred to as “Services”.

5. TERMS OF USE

During the course of the User Agreement, it is expressly stated, understood and agreed by you (user) that you (user) shall abide by the following terms of use.

5.1 You must be a resident of India and 18 years of age or older, not otherwise incompetent to contract under the Indian Contract Act, 1872 to register with KindSpace and that your use of the platform shall not violate any applicable law or regulations. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to KindSpace 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. As KindSpace also provides services for minors, it is mandatory for the legal guardian of each minor (“Guardian”) to register with KindSpace in their own name and letting the minor avail of our services through the Guardian’s account. 

5.2 All registration information you submit to us directly is truthful and accurate and that you agree to maintain the accuracy of such information;

5.3 Your use of the platform is solely for your personal and non-commercial use. Any use of this platform or its content other than for personal purposes is prohibited.

5.4 Your personal and non-commercial use of this platform shall be subjected to the following restrictions:

5.4.1 You shall not reproduce, record, duplicate, copy, sell, resell, distribute, transmit or exploit any portion of information qua other Users that you are made privy while availing the Services;

5.4.2 You shall not modify any content of the platform;

5.4.3 You shall not decompile, reverse engineer, or disassemble the content;

5.4.4 You shall not delete or modify any content of the platform and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;

5.4.5 You may not use the Service for any unlawful purpose or in violation of these Terms. While using the Service, you shall abide by all applicable Central, State or Local laws including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency and copyright or trademark infringement. You may not sell or modify any information received through our Service or reproduce, display, publicly perform, distribute or otherwise use such materials in any way for any public or commercial purpose without the advance written permission of KindSpace.

5.4.6 You shall not reproduce, record, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contents on the platform through which the Service is provided, without express written permission by KindSpace.

5.4.7 You shall not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the platform and / or Services or any connected network, or otherwise interfere with any person or entity’s use of the platform and / or the Services.

5.5 You acknowledge that when you access a link that leaves the platform, the site you enter into is not controlled by the Company and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the platform, although the Company is under no obligation to do so.

5.6 You agree that you shall pay all applicable fees on time. In case of late payment, KindSpace reserves the right to levy a charge / interest on the outstanding amount.

5.7 You take responsibility to check the technical specifications required before making a booking for a session or before availing any of the other digital offerings or Service(s).

5.8 You may not host, display, upload, modify, publish, transmit, update or share any information that:

5.8.1 belongs to another person and to which you do not have any right to;

5.8.2 You may not sell or modify any other user’s information received through our Service or reproduce, display, publicly perform, distribute or otherwise use such materials in any way for any public or commercial purpose.

5.8.3 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; and

5.8.4 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.

6. DISCLAIMER

6.1 The following provisions set out our entire liability and your attention is in particular drawn to the provisions of this clause.

6.2 Information Purposes Only

6.2.1 THIS WEBSITE DOES NOT CONTAIN NOR PROVIDE MEDICAL ADVICE.

6.2.2 The Materials/Website content are provided for informational purposes only. The Materials do not and are not intended to replace medical consultations or to provide medical advice, diagnosis or treatment.  Always seek appropriate medical advice with your personal medical and health questions. DO NOT ignore or dismiss appropriate medical advice of a registered medical practitioner due to your interpretation or understanding of the Materials. 

6.3 KindSpace does not deal with medical or psychological emergencies. We are not designed to offer support in crisis situations – including when an individual is experiencing thoughts of self-harm or suicide. 

6.4 If you feel you are experiencing any of these difficulties, or if you are considering or contemplating suicide or feel that you are a danger to yourself or to others, we would urge you to seek help at the nearest hospital or emergency room where you can connect with a psychiatrist, counsellor or therapist in person. The same applies in-case of any medical or psychological health emergency. We recommend you to involve a close family member or a friend who can offer support.

6.5 We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

6.6 You agree to indemnify KindSpace against any breach in confidentiality. If you access KindSpace through a third-party platform, you agree that KindSpace cannot be responsible for any data breaches that occur due to any acts of commission or omission from the third-party platform.

6.7 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

6.8 You agree that from time to time we may remove the Service (or part thereof) for indefinite periods of time or cancel the Service at any time, without notice to you.

6.9 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, and/or in keeping with KindSpace’s arrangement with your organisation, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

6.10 In no case shall KindSpace, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Service or platform, even if advised of their possibility. In all cases, our maximum liability shall be limited to the amount paid by you, if at all, for Service/product in dispute.

6.11 Accessing the Website

6.11.1 We do not guarantee that our Website, or any content on it, will always be available or that access to it will be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website (or any part, feature of or service under the Website) is removed or is unavailable at any time or for any period.

6.11.2 You are responsible for making all arrangements necessary for you to access our Website (including, having access to an internet connection and an appropriate browser).

6.11.3 You are also responsible for ensuring that everyone who accesses our Website through your internet connection is aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

7. End-user account & data privacy

(The terms in this Clause are applicable only to Users other than Facilitators)

7.1 The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011, and are reproduced in the Privacy Policy.

7.2 KindSpace 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 KindSpace’s services and to help in venturing into new services.

7.3 The Website allows KindSpace to have access to registered Users’ personal email or phone number, for communication purposes so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Facilitators and their practice.

7.4 The Privacy Policy sets out, inter-alia:

7.4.1 The type of information collected from Users, including sensitive personal data or information;

7.4.2 The purpose, means and modes of usage of such information;

7.4.3 How and to whom KindSpace will disclose such information; 

7.4.4 Other information mandated by the SPI Rules.

7.5 The User is expected to read and understand the Privacy Policy, so as to ensure that User has the knowledge of, inter-alia:

7.5.1 the fact that certain information is being collected;

7.5.2 the purpose for which the information is being collected;

7.5.3 the intended recipients of the information;

7.5.4 the nature of collection and retention of the information; and

7.5.5 the name and address of the agency that is collecting the information and the agency that will retain the information; and

7.5.6 the various rights available to such Users in respect of such information.

7.6 KindSpace 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 KindSpace or to any other person acting on behalf of KindSpace.

7.7 The User is responsible for maintaining the confidentiality of User’s own account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorised by the User. The User shall immediately notify KindSpace of any actual or suspected unauthorised use of the User’s account or password. Although KindSpace will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of KindSpace or such other parties as the case may be, due to any unauthorised use of your account.

7.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or KindSpace has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KindSpace has the right to discontinue the Services to the User at its sole discretion.

7.9 KindSpace may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

8. User Account Registration 

Registering for an Account- 

8.1 If you choose to register for an account with our Website then if you select, or you are given, a user identification code, pseudonym, password or any other piece of information as part of our registration or security procedures, you must treat such information as confidential. You must not disclose it to any third party.

8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time at our discretion, including, without limitation, in circumstances where, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

8.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly reset your password to something which only you know.

8.4 Please see our Privacy Policy for more information regarding use of personal data relating to you.

8.5 You must only use the Website for lawful purposes and you must not infringe the rights of other users of this site or prevent their enjoyment of it.

8.6 If you are under the age of 18 then unfortunately you are unable to register for an account with our Website. The use of any of our interactive services by a minor is subject to the consent of their parent/guardian. We require parents/guardians who permit their children to use any interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them and the activities of minors, while availing our service, must always be monitored by the parents/guardians.

9.  Third party links & resources in our website 

9.1 The Website may contain links to other websites and resources operated by third parties. These links are provided for reference and information purposes only. We do not control such websites or resources and are not responsible for their availability or content.

9.2 Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. We have no control over the contents of those sites or resources.

10. Research Panels 

10.1 From time to time there may be an opportunity to get involved with various research panels (which may be generally available to anyone using the Website or which may be offered to you directly based on your indicated areas of interest).

10.2 If you are invited to take part in a research panel (and if you choose to do so) then you may be asked to respond to various questions and/or submit various pieces of information depending on the nature of the relevant research project. The precise details of each research opportunity will vary and you will be provided with the relevant information and any additional or project specific terms at the relevant time.

11. Applicability of terms 

11.1 The general terms and conditions in the User Agreement are applicable to all present and future contracts established between the user and KindSpace.

11.2 This User Agreement applies to all users of the platform, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

11.3 By availing any of our Services, the user irrevocably accepts all the obligations stipulated in the User Agreement, Terms of Use and Privacy Policy, other policies referenced herein; and agrees to abide by them. The User Agreement supersedes any previous oral or written terms and conditions that may have been communicated to you.

12. Payment & Refunds

12.1 By using the platform, the user agrees to pay all applicable fees and charges upfront to KindSpace and also authorises us to automatically deduct all applicable charges and fees from the payments made as and when such features are accessed on our platform. Further, the user agrees to be responsible for any telephone charges and/ or internet Service fees that may be incurred in accessing KindSpace Services.

12.2 All cancellations and refunds will be handled as per the Cancellation & Refund Policy.

12.3 KindSpace reserves the right to change any or all parts of the Cancellation & Refund Policy without notice or liability to the user or any third-party.

13. Termination of agreement 

13.1 At any point during the term of the User Agreement, the User shall be entitled to terminate the User Agreement provided all outstanding payments are settled, if applicable. Upon termination of the User Agreement, there may still be some information saved on our servers regarding the User. Should the User wish to remove this sensitive personal information, they will have to contact and request the same from KindSpace, regardless of whether they are accessing KindSpace offerings through a third-party or organisation. In case the user has registered on the Platform directly, they can write to KindSpace at support@kindspace.in. KindSpace will aim to process all such requests within 14 working days, in line with our Privacy Policy and subject to necessary compliance with applicable laws.

13.2 Over the course of the term of the User Agreement, KindSpace can choose to terminate the User Agreement without citing a reason. Any payment receivable by KindSpace should be paid by the User in full within 30 days from the termination of the User Agreement. Any payment receivable by the User will be processed by KindSpace as per our Refund Policy.

13.3 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

13.4 This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by notifying us – directly, or if you are accessing the platform through a third-party, then through the respective third-party – that you no longer wish to use KindSpace’s Services, or when you cease using our platform, subject to settlement of all outstanding payments. However, all the information received by the recipient through Our Services must be safeguarded by the recipient even after the termination of the Agreement.

13.5 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this User Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

14. Intellectual Property 

14.1 The contents on the platform are for informational purposes only. KindSpace disclaims all liability to any person for any loss or damage caused by dependence on any part of the platform. Third-party content appearing on the platform is the property of their respective owners and KindSpace does not assert any rights in relation to the same. Such third-party content is used by KindSpace subject to the fair use provisions of Indian copyright law and applicable provisions in other jurisdictions. KindSpace asserts its copyright ownership on the remaining contents of this document. No information, content or material from the platform and/or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without an express written permission from KindSpace.

15. Limitation of liability 

15.1 KindSpace does not guarantee that you will be accepted as a registered user at KindSpace, or as a client by the Facilitators on our platform. KindSpace reserves the right to terminate your registration with our platform at any time without citing a reason.

15.2 KindSpace is a technology enabler that connects the user and the Facilitator. Further, the professional Service is dependent on the information provided by the user to the Facilitator and KindSpace does not promise any outcomes based on counselling and therapy. KindSpace does not guarantee the availability of the same Facilitator over any period of time. From the moment at which you book your appointment, the Website is solely a platform between you and the Facilitator, transmitting the details of your booking to you and to the Facilitator.

15.3 KindSpace makes all efforts to verify the credentials of every Facilitator registered with it. However, KindSpace is not responsible for any misrepresentation/fraudulent credentials or claims by the Facilitators. It is the responsibility of the Facilitator to ensure the accuracy and reliability of such information provided.

15.4 All Facilitators have a contractual relationship with KindSpace and are allowed to use our platform and technology to provide Services to you. The user is responsible for all their decisions and actions and agrees that they are made independent of any representations by KindSpace or the Facilitators. KindSpace or the Facilitator cannot be held responsible for such decisions and actions or any outcomes as a result.

15.5 The Services, including content, on both the KindSpace platform and third-party platforms, are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. We are not responsible if information made available on the KindSpace and third-party platforms is not accurate, complete or current and any reliance on the Services, including content, on the KindSpace and third-party platforms is at your own risk.

15.6 This platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this platform at any time, but we have no obligation to update any information on our platform. You agree that it is your responsibility to monitor changes to our platform. The content that the user downloads or otherwise obtains through the use of our Services and/ or resources and/ or information is done at their own discretion and risk, and the user is solely responsible for any damage to their computer or other devices for any loss of data or information that may result from the download of such content.

15.7 We reserve the right to modify or terminate any portion of the platform or the Services offered by the Company for any reason, without notice and without liability to the user or any third-party.

15.8 The Company does not warrant that the functions contained in content, information and materials on the platform and / or Services, including, without limitation any third-party sites or Services linked to the platform and / or Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

15.9 We will endeavour to make sure all information is delivered in an accurate and correct manner. However, any material downloaded or otherwise obtained through the platform and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

15.10 You hereby indemnify, defend, and hold the Company, the Company’s distributors, agents, representatives and other authorised users, 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, and representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the platform.

16. Disclaimer on warranties 

16.1 You understand and agree that any interactions and associated issues with the Facilitator on the Platform, is strictly between you and the Facilitator. You shall not hold KindSpace and/or the Facilitator responsible for any such interactions and associated issues. KindSpace and/or the Facilitator is not responsible for any outcome between you and the Facilitator you interact with. If you decide to engage with a Facilitator to provide Psychological wellness Services to you, you do so at your own discretion and risk. The Services and content, and all materials, information, products and Services included therein, are provided on an “as is” and “as available” basis without warranties of any kind.

16.2 KindSpace and its licensors and affiliates expressly disclaim all warranties of any kind, express, implied, or statutory, relating to the Services and content.

16.3 In addition, KindSpace and its licensors and affiliates disclaim any warranties regarding security, accuracy, reliability, timeliness and performance of the Services or that the Services will be error-free or that any errors will be corrected. No advice or information provided to you by breakthrough will create any warranty that is not expressly stated in these Terms of Service.

16.4 We make no representations concerning, and do not guarantee, the accuracy of the Services, including, but not limited to, any information provided through the Services or their applicability to your individual circumstances.

16.5 We may provide you with access to third-party tools which we neither monitor nor have any control or input over. Such tools may be in the form of, but not limited to, personal assessments, polls and their results etc. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

16.6 Third-party links on this platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

16.7 Over the course of the period of the User Agreement, we might incorporate products/ Services from third-party providers on our platform. By using such products/ Services, it is understood that the user has read, understood and agreed to the terms and conditions of the corresponding third-party provider. KindSpace shall not be held liable for any risk/ damage/ liability arising from use of such third-party products, Services goods, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

17. User Forums, Topics, Replies, Comments, Feedback and Other Submissions

17.1 If, at our request, you send certain specific submissions or without a request from us you send or submit forum topics, replies, comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, on our social media channels, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. KindSpace however guarantees that all communication between the User and KindSpace and / or the Facilitator within the ambit of support group or therapy services shall be kept confidential, subject to compliance with applicable laws.

17.2 You agree to not seek any other person’s contact information through our Platform.

17.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

17.4 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.

17.5 Users must note that KindSpace is an interactive Service and other users are free to post their own comments on various content of the platform. The platform publishes articles provided by various authors as well. The contents/viewpoints expressed in these comments/posts/articles etc. are their authors’. Such content does not indicate the official position of KindSpace, in any way, express or implied.

18. Agreement

18.1 The failure of us to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision.

18.2 This User Agreement and any policies or operating rules posted by us on this platform or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

19. Errors, Inaccuracies and Omissions

19.1 Occasionally there may be information on our platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product / Service descriptions, pricing, promotions, offers etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

19.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website/mobile application/platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

20. Prohibited Uses

20.1 In addition to other prohibitions as set forth in this User Agreement, you are prohibited from using the platform or its content:

20.1.1 If you are not a resident of India;

20.1.2 for any unlawful purpose;

20.1.3 to solicit others to perform or participate in any unlawful acts;

20.1.4 to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

20.1.5 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

20.1.6 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

20.1.7 to submit false or misleading information;

20.1.8 to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

20.1.9 to collect or track the personal information of others;

20.1.10 to spam, phish, pharm, pretext, spider, crawl, or scrape;

20.1.11 for any obscene or immoral purpose; or

20.1.12 to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

20.2 We reserve the right to terminate your use of the Service or any related website/mobile application/platform for violating any of the prohibited uses.

21. Indemnification

21.1 You agree to indemnify, defend and hold harmless KindSpace and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, employees and interns, harmless against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this User Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You agree to indemnify KindSpace for any breach in confidentiality. If you access KindSpace through a third-party platform, you indemnify KindSpace against any data breaches that occur due to any acts of commission or omission from the third-party platform.

22. Severability

22.1 In the event that any provision of this User Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

23. Grievance Redressal

23.1 To address the grievances of the users, KindSpace has set up a Grievance Redressal Mechanism. In case you are dissatisfied with any aspect of our Services or have any grievance against content hosted on the Website, you may contact our Grievance Redressal Officer at support@kindspace.in. We assure you a time bound solution not exceeding one month from the date of your complaint.

24. Jurisdiction

24.1 Jurisdictional policies of KindSpace have been drafted in accordance and in compliance with Indian laws. Any and all disputes arising between the user and KindSpace with regards to this User Agreement, including the interpretation of the terms of this User Agreement shall be subject to the exclusive jurisdiction of the courts at Delhi, India.

25. Contact Information

25.1 Registered Address: 540 Hawa Singh Block, Asian Games Village, New Delhi – 110049, India

25.2 E-mail ID: nivida@kindspace.in