Terms of use

This website – “Fitment” (“Website”) is developed and made available by Niyati Bagla which may mean and include any of our affiliates, associates, assignees or successors-in-interest as determined by us at our sole discretion and without requiring any prior notice or intimation, from time to time.

The Agreement is published in compliance of and is governed by the provisions of Indian law, including but not limited to:

the Indian Contract Act, of 1872,
the (Indian) Information Technology Act, 2000, and

the rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

Definitions

Company: Fitment, “www.fitment.life”, “Company”, “Firm”, “We”, “Our”, “Us”, “Service Provider” or similar terminology are all in reference to Fitment as a provider of Services for the remainder of this document.

User: “Client”, “User”, “You”, “Your” or other similar terminology are all in reference to you, as the user of the website and as a recipient of our Services and resources for the remainder of this document.

Website or Platform: “Platform” or “Website” or similar terminology are all in reference to the website or web links that the User can employ to access Services provided by the Company.

Mental Health Professional: “Mental Health Professional”, “Mental Health Practitioner”, “Therapist”, “Expert”, “Doctor”, “Consultant” or similar terminology are all in reference to the Mental Health Professional.

Please carefully go through these Terms of Use (“Terms”) and the “Privacy Policy” available on the website before you decide to access the Website or avail the services from the Fitment Platform made available on the Website by Fitment. These “Terms” and the “Privacy Policy” together constitute a legal agreement (“Agreement”) between you (the User) and Fitment in connection with your visit to the Website and your use of the Fitment Platform and Services (as defined below).

The Agreement applies to you whether you are:

Mental Health Professionals (psychologist/psychotherapist) or other service provider (such as a Supervisor, Life Coach, etc.) or similar institution wishing to be listed, or already listed, on the Website.
A Consumer/Client, his/her representatives, or affiliates, searching for Mental Health Professional through the Website (“End-User”, “you” or “User”); or
A user of the Website (“you” or “User”).

This Agreement applies to those services made available by Fitment on the Website, including the following:

For Practitioners: Listing of Mental Health Professionals and their profiles and contact details, to be made available to the Users of the Website.
For Users: Facility to a) search for Mental Health Professionals, b) book sessions with Mental Health Professionals and (c) view and use tools and resources made available on the Platform.

This Agreement defines the Terms of Use under which you are allowed to use the Fitment Platform.

If you have any questions about any part of the Agreement, feel free to contact us at support@fitment.life

By accessing the Website to use the Fitment Platform and availing our services, 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 of Use (if any) communicated to you relating to your use of the Website to avail the Fitment Platform and Services. By availing of any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be updated here. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the agreement so modified.

You acknowledge that you will be bound by this Agreement for availing of any of the services offered by Fitment. If you do not agree with any part of the Agreement, please do not use the Website, or avail of any services through the Fitment Platform.

Proprietary Rights

The Website contains content owned or licensed by Fitment. Fitment owns and retains all rights in the Fitment Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Fitment Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Fitment Content.
The Fitment name and logo are trademarks of Fitment, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fitment, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Fitment, and may not be copied, imitated, or used, in whole or in part, without prior written permission from Fitment.

Nature of Services

Life is a mental health care service platform that delivers mental, psychological and emotional wellness products and Services to individuals and organizations. These include, but are not restricted to,

Online Individual therapy sessions with adults
Online Group therapy sessions with adults/Support groups

Workshops and/or webinars delivered by trained Psychological Wellness Professionals

Self-help tools, content and programmes through a range of channels including, but not restricted to websites, social media and emails
Participation in user forums, topics, replies, comments, feedback, blogs and any other submissions on the platform.

We will be providing “therapy/counselling” to you using an eclectic approach. This means that we do not use only one approach towards therapy as we recognize that different people may need different techniques and methodologies to feel better. We are open to feedback and encourage you to tell us in case something makes you uncomfortable.
Life also provides services to Mental Health Professionals (including those not part of our team as well) including, but not limited to,

1:1 Clinical Case Supervision
1:1 Career Guidance and Mentorship

The aforementioned shall hereinafter be referred to as “Services”.
The Services offered by Fitment are in compliance with our client anonymity and confidentiality policies (refer to our Privacy Policy).
Life reserves the right to add or remove products and Services from its overall offerings without prior notification.

Disclaimer

Life does not deal with medical or psychological emergencies. We are not designed to offer support and intervention in crisis situations – including when an individual is experiencing thoughts of death, self-harm or suicide, or is showing symptoms of severe clinical disorders such as schizophrenia and other psychotic conditions. In these cases, in-person medical intervention is the most appropriate form of help.
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, social worker, 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.
In the event that we reasonably believe that you are a danger, physically or emotionally, to yourself or another person, consent is given to Fitment and the Therapist to warn the person in danger and to contact any person in a position to prevent harm to yourself or another person, including law enforcement and medical personnel.
The advice or information provided by therapists via the website is provided for informational purposes only and cannot be considered a substitute for examination by a doctor or other mental health professional. You are advised strongly against relying solely on, or make decisions based solely on advice provided by any therapist.
You understand and agree that although a therapist may be a qualified clinical or counselling psychologist or other mental health professional, Fitment disclaims any and all liability for any consultation and therapy services rendered by a therapist to you through the Website.
You further acknowledge and agree that you take full responsibility for the decision to access an Expert through the Website and to continue to interact with such individual(s), and that the role of Fitment is strictly limited to that of an intermediary, providing access to such therapists to you.
The website is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you may discontinue use of the services immediately at your discretion and please notify appropriate police or emergency medical personnel. You may find contacts of such emergency services here.

Confidentiality

The sessions will be completely confidential and private between you and the therapist. The only record of the session that will exist is any notes that the therapist takes as part of the process of therapy which is solely available to the therapist/psychologist. No information including your name and number or any personal information will be shared with anyone without your explicit consent.
You agree to use a secure line/connection for these consultations, in a relatively quiet and private space.
No audio or video recording of the session (either on mobile, using an app or online) is to be performed and the proceedings of this consultation are strictly confidential and must not be shared with any other individual or agency without explicit consent and prior notification. You accept and understand that the proceedings of these consultations are not to be recorded, shared or disseminated by you or your relatives or any other individual to any third person or through social media.
However, despite safety measures taken, there are chances for breach in security in technology. In such instances, both client and therapist will not hold the other responsible for the breach.

Consent to Treatment

A consent form will be shared with you before any therapy is initiated. The consent form is an agreement for treatment between you (the client) and the Therapist or Fitment.
By signing the consent form, you voluntarily agree to receive mental health assessment, care, treatment, or services and authorize us to provide such care, treatment, or services as are considered necessary and advisable by Fitment.
Signing the consent form indicates that you understand and agree that you will participate in the planning of your care, treatment, or services, and that you may stop such care, treatment, or services at any time. By signing the consent form, you acknowledge that you have both read and understood all the terms and information contained herein.
Therapists at Fitment reserve the right to discontinue therapy owing to their mental health and sense of safety and security. Any person who displays lewd or indecent behavior or makes the staff feel uncomfortable or unsafe will not be provided the services.

Consent to Transfer

By signing the consent form, you agree that you will not be taking therapy sessions with the therapist privately (i.e., making the payment to the therapist’s account separately, without informing Fitment.) during or beyond the duration of their affiliation with Fitment.
In case Fitment discontinues working with a therapist, you consent to being transferred to another therapist on the team.
By signing the consent form, you consent for your notes to be transferred to a new therapist in case you wish to get transferred. For the same, you consent for Fitment to have access to your case notes which will be kept confidential and will not be shared with anyone outside the organization without your consent.
By signing the consent form, you understand that taking sessions with the therapist privately (as defined above) is against the legal contract between the therapist and Fitment.
This restriction is in place as the therapists are no longer obligated to follow Fitment’s code of professionalism and ethics once they leave the team. Fitment does not want any harm to be caused to the clients as Fitment can no longer monitor the quality of the therapist’s work once work is discontinued with them. This consent form will not apply to the therapist in case they are no longer an employee of Fitment. You will be informed about the same in case such a situation arises.

Harm to Oneself

Suicide, or ending one’s own life, is a tragic event with strong emotional repercussions for its survivors & for families of its victims. Every therapist’s attempt is to prevent such an unfortunate event from occurring. However, it is an impulsive act & under such unpredictable circumstances, a therapist or Fitment cannot be held liable for it.
It is important to note that Fitment is not a crisis intervention center & therefore does not provide emergency services. Services are rendered only during the scheduled sessions. Clients who have an emergency must use local & available emergency resources.

Participation in Litigation

Life will not voluntarily participate in any litigation, or custody dispute in which client and another individual, or entity, are parties. We have a policy of not communicating with client’s attorney and will generally not write or sign letters, reports, declarations, or affidavits to be used in a legal matter unless agreed upon at the beginning of the therapeutic relationship.
We will generally not provide records or testimony unless compelled to do so. Should we be subpoenaed, or ordered by a court of law, to appear as a witness in an action involving a client; the client agrees to reimburse us for any time spent or preparation, travel, or other time in which we have made ourselves available for such an appearance at our usual and customary fees.
Life is not to be held liable for any criminal actions conducted by therapists working at Fitment.

Changes to the Terms and Agreements

Life reserves the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications.
You agree to periodically review the current version of these Terms of Use as posted on the Website.

User Agreement

By choosing to visit and/or avail any Services and/or product and/or resource from Fitment, the user confirms that they are above 18 years of age and are not otherwise incompetent to contract under the Indian Contract Act, 1872 and are legally allowed to take decisions of their own.
The user also accepts and agrees to our Terms and Conditions (hereafter referred to as “User Agreement”) and those additional terms and conditions and policies referenced herein.
Please read the Agreement carefully. The terms in the 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 Agreement.
We reserve the right to add, modify or remove sections from the Agreement at any point in time during the course of the agreement with no prior notice. Continuing to use the Fitment platform, purchase of any Service, resource or product, forms an obligatory legal agreement between the user and Fitment. 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.
In order to use the Website, you may be required to provide information about yourself including your name, email address and other personal information (“Personal Information”). You agree that any information you provide to Fitment on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own. The treatment of your Personal Information and other related information, shall be in accordance with the Fitment Privacy Policy.
You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Applicability Of Terms

The general terms and conditions in the Agreement are applicable to all present and future contracts established between the User and Fitment.
This Agreement applies to all users of the platform, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
By availing any of our Services, the User irrevocably accepts all the obligations stipulated in the User Agreement, Terms of 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.

Termination of Agreement

At any point during the term of the Agreement, the user shall be entitled to terminate the Agreement provided all outstanding payments are settled, if applicable.
Upon termination of the Agreement, there may still be some information saved on our servers regarding the user. Should the user wish to remove this information, they can drop us an email at support@fitment.life.
Over the course of the term of the Agreement, Fitment can choose to terminate the Agreement without citing a reason and without notice. Any payment receivable by Fitment should be paid by the user in full within 7 days from the termination of the User Agreement.
Any payment receivable by the user will be processed by Fitment within 7 days from the termination.

Terms of Use

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

You are 18 years of age or older, not otherwise incompetent to contract under the Indian Contract Act, 1872 and that your use of the platform shall not violate any applicable law or regulation; You must be 18 years of age or older to register, use the Fitment Platform, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Fitment that you are 18 years of age or older and that you have the right, authority and capacity to use the Website and the Fitment Platform available through the Website, and agree to and abide by this Agreement.
If you use the Fitment Platform on behalf of someone else (such as your child, minor, ward or employee) or an entity (such as your employer), you represent that you are authorized by such individual or entity to (i) accept this privacy policy on such individual’s or entity’s behalf, and (ii) consent on behalf of such individual or entity to our collection, use and disclosure of such individual’s or entity’s information as described in this privacy policy.
All registration information you submit – either to us directly or through your organisation – is truthful and accurate and that you agree to maintain the accuracy of such information;
Your use of the platform is solely for your personal and non-commercial use. Any use of this platform or its content for personal purposes is strictly prohibited.
Your personal and non-commercial use of this platform shall be subjected to the following restrictions:
You shall not modify any content of the platform;
You shall not decompile, reverse engineer, or disassemble the content;

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;

You shall not use the platform and/or Services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
You shall not reproduce, 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 Fitment.
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.

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

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.
You may not host, display, upload, modify, publish, transmit, update or share any information that: belongs to another person and to which you do not have any right to; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; and 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.

The Website allows Fitment to have access to registered Users’ email or phone number, for communication purpose so as to provide you with a better way of booking sessions and for obtaining feedback in relation to the Mental Health Professionals and their practice.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Fitment has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fitment has the right to discontinue the access of the Fitment Platform to the User at its sole discretion.
Life algorithm for the Mental Health Professionals is a fully automated system that lists the Mental Health Professionals, their profile and information regarding their Practice on the Website. These listings of Mental Health Professionals do not represent any fixed objective ranking or endorsement by Fitment. Fitment will not be liable for any change in the relevance of the Mental Health Professionals on search results, which may take place from time to time.
The listing of Mental Health Professionals will be based on automated computation of the various factors including inputs made by the Users such as their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm.
Life in no event will be held responsible for the accuracy and the relevancy of the listing order of the Mental Health Professionals on the Website.
Life collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Mental Health Professionals listed on the Website, such as their specialization, qualification, fees, location, availability, and similar details. Fitment takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Fitment screens and vets the information and photos submitted by the Mental Health Professionals, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The website may be linked to the website of third parties, affiliates, and business partners. Fitment has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Fitment endorses the linked site. User may use the links and these services at User’s own risk.
Life assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect 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. If a User is dissatisfied with the Fitment Platform, User’s sole remedy is to discontinue using the Fitment Platform.
If Fitment determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Fitment reserves the right to immediately suspend your access to the Fitment Platform and Services for the protection of its business and in the interests of Users.
You shall be liable to indemnify Fitment for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Fitment or its Users.
You agree that Fitment may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

Obtaining feedback in relation to the Website or Fitment Platform; and/or
Obtaining feedback in relation to any Mental Health Professionals listed on the Website; and/or

Resolving any complaints, information, or queries by you or our Mental Health Professionals;

and you agree to provide your fullest co-operation further to such communication by Fitment.

User/Client-Therapist Interactions

Both the user and therapist agree to maintain the decorum of a client-therapist relationship and agree to not engage in any other form of interaction on the platform.
In case of inappropriate behaviour by either party, Fitment will not be liable in any form. Involved parties alone and not Fitment will be responsible for any legal consequences arising out of such interactions.
Both parties have the option to report inappropriate behaviour on the website to Fitment. In case a particular session is reported, Fitment reserves the right to remove the user or therapist or both from the platform without discretion. Fitment’s decision in this regard will be final.
Therapist and NOT Fitment, is liable to maintain the confidentiality of any personal information shared by the user with the therapist in video sessions. In case a therapist breaches the confidentiality agreement, therapist alone and NOT Fitment will bear the legal or any other consequences.

Intellectual Property

The contents on the platform are for informational purposes only.
Life 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 Fitment does not assert any rights in relation to the same. Such third-party content is used by Fitment subject to the fair use provisions of Indian copyright law and applicable provisions in other jurisdictions.
Life 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 Fitment.

Payment and Refunds

By using the platform, the user agrees to pay all applicable fees and charges upfront to Fitment and also authorizes 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 Fitment Services.
For more information on payment methods, charges and fees, the user shall refer to the Payment section on the platform for each Mental Health Professional.
Life reserves the right to change any or all parts of Payment policy without notice or liability to the user or any third-party.
All cancellations and refunds will be handled as per the Cancellation & Refund Policy of the Company. Fitment 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.
A minimum of eight (8) hours ‘ notice is required for rescheduling or cancellation of an appointment. Without such notification, fees will be charged to the Users as follows:

Cancellations less than/within eight (8) hours of the appointment: 100% of the fee payable for the session.
No‐shows (missed appointment without notification): 100% of the fee payable for the session.

In case of cancellation by the Mental Health Professional, or in the event, the Mental Health Professional with whom User has booked a paid session via the Fitment Platform, has not been able to meet the User, the User will need to write to us at support@fitment.life within three (3) days from the occurrence of such an event; in which case, 100% fee paid for the session shall be refunded to the User within the next six (6) business days in the original mode of payment done by the User while booking, or alternatively, the Mental Health Professional shall adjust the fee paid towards a rescheduled session, as agreed to between the parties.

Limitation of Liability

Life does not guarantee that you will be accepted as a client by the Mental Health Professionals on our platform. Fitment reserves the right to terminate your registration with our platform at any time without citing a reason.
Life is a technology enabler that connects the user and the Mental Health Professional. Further, the professional Service is dependent on the information provided by the user to the Mental Health Professional and Fitment does not promise any outcomes based on counselling and therapy.
Life does not guarantee the availability of the same Mental Health Professional over any period of time. From the moment at which you book your appointment, Fitment acts solely as an intermediary between you and the Mental Health Professional, transmitting the details of your booking to you and to the Professional.
Counselling will take place at a frequency agreed between you and your Mental Health Professional. We cannot guarantee that sessions will always take place with a particular frequency or on the same day of the week but will make every effort to meet your requirements.
Over the course of your agreement, the Mental Health Professional might determine that online counselling Services are not appropriate for some or all of your treatment needs and accordingly may elect to not provide online counselling Services to you.
Life makes all efforts to verify the credentials of every Mental Health Professional registered with it. However, Fitment is not responsible for any misrepresentation/fraudulent credentials or claims by the Mental Health Professionals. Fitment provides a profile page to all Mental Health Professionals where information regarding education, training, experience, specializations can be provided to the user. It is the responsibility of the Mental Health Professional to ensure the accuracy and reliability of such information provided.
All Mental Health Professionals have a contractual relationship with Fitment and are allowed to use our platform and technology to provide Services to you. Fitment does not assume any responsibility for Mental Health Professionals’ actions, advice or any other information provided through our platform or otherwise.
Life shall not be held liable for any damage/loss/liability caused to the user by a Mental Health Professionals, either directly or indirectly. The user is responsible for all their decisions and actions and agrees that they are made independent of any representations by Fitment or the Mental Health Professionals.
Life or the Mental Health Professionals cannot be held responsible for such decisions and actions or any outcomes as a result.
Life does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic. No warranty, guarantee, or conditions of any kind are created or offered on information or advice or suggestion, whether expressed and/or implied, in oral and/or written via any communication medium, obtained by you from Fitment or through any Service and/or resource and/or information that Fitment provides, except for those expressly outlined in this Agreement.
The Services, including content, on both the Fitment 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 Fitment and third-party platforms is not accurate, complete or current and any reliance on the Services, including content, on the Fitment and third-party platforms is at your own risk.
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.
We reserve the right to modify or terminate any portion of the platform or the Services offered by the Company for any reason, without notice and without liability to the user or any third-party.
The Company does not warrant that the functions contained in content, information and materials on the platform and/or Services, including, without limitation any third-party sites or Services linked to the platform and/or Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
We will endeavor 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.
At Fitment, we believe it is unethical for our therapists to have dual relationships with current or former clients. During and after our counselling work, you are forbidden to have any individual relationship of any other type with our therapists; this includes association on social and professional network websites such as Instagram, Facebook, LinkedIn, Twitter etc. This will ensure that our professional relationship remains clear, should you ever want to resume counselling or refer others to us.
You hereby indemnify, defend, and hold the Company, the Company’s distributors, agents, representatives and other authorized 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.
Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals who are Mental Health Care Professionals. The provision of such Information does not create a licensed medical professional/patient relationship, between Fitment and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate mental health care services from a qualified professional.

Disclaimer on Warranties

You understand and agree that any interactions and associated issues with the Mental Health Professional on the platform, is strictly between you and the Mental Health Professional.
You shall not hold Fitment and/or the Mental Health Professional responsible for any such interactions and associated issues.
Life and/or the Mental Health Professional is not responsible for any outcome between you and the Mental Health Professional you interact with.
If you decide to engage with a Mental Health Professional 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.
Life and its licensors and affiliates expressly disclaim all warranties of any kind, express, implied, or statutory, relating to the Services and content.
In addition, Fitment and its licensors and affiliates disclaim any warranties regarding security, accuracy, reliability, timeliness and performance of the Services or that the Services will be error-free or that any errors will be corrected. No advice or information provided to you by breakthrough will create any warranty that is not expressly stated in these Terms of Service.
We make no representations concerning, and do not guarantee, the accuracy of the Services, including, but not limited to, any information provided through the Services or their applicability to your individual circumstances.
We may provide you with access to third-party tools which we neither monitor nor have any control or input over. Such tools may be in the form of, but not limited to, personal assessments, polls and their results etc. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Third-party links on this platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
Over the course of the period of the 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. Fitment shall not be held liable for any risk/damage/liability arising from use of such third-party products, Services goods, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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

If, at our request, you send certain specific submissions (for example contest entries) 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.
Life however guarantees that all communication between the user and Fitment and/or the therapist within the ambit of therapy shall be kept confidential, subject to compliance with applicable laws.
You agree to not seek other any other person’s contact information through our platform.
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 unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We may, but have no obligation to,

Monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.
Investigate an allegation that a communication does not conform to these terms and determine in its sole discretion to remove or request the removal of the communication;

Terminate a User’s access to any or all parts of the Platform upon any breach of these Term of Service;

Edit or delete any communication(s) posted on the Platform, regardless of whether such communication(s) violate these standards.

We have no liability or responsibility to Users of the Platform or any other person or entity for performance or non-performance of the aforementioned activities.
Users must note that Fitment 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 official position of Fitment, in any way, express or implied.

Entire Agreement

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

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
This 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 Fitment’s Services, or when you cease using our platform, subject to settlement of all outstanding payments.
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).

Errors, Inaccuracies and Omissions

Occasionally there may be information on our platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product/Service descriptions, pricing, promotions, offers etc.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website/mobile application/platform, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

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

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;

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

to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;

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;
to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Life authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the Website (collectively, “Fitment Content” or “Content”), are the property of Fitment and are protected under copyright, trademark, and other laws. User shall not modify the Fitment Content or reproduce, display, publicly perform, distribute, or otherwise use the Fitment Content in any way for any public or commercial purpose or personal gain.
We reserve the right to terminate your use of the Service or any related website/platform for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
You agree to indemnify Fitment against any breach in confidentiality.
If you access Fitment through a third-party platform, you agree that Fitment cannot be responsible for any data breaches that occur due to any acts of commission or omission from the third-party platform.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
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.
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 Fitment’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, H1, and non-infringement.
In no case shall Fitment, 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.

Indemnification

You agree to indemnify, defend and hold harmless Fitment 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 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 Fitment for any breach in confidentiality. If you access Fitment through a third-party platform, you indemnify Fitment against any data breaches that occur due to any acts of commission or omission from the third-party platform.

Severability

In the event that any provision of this 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.

Waiver

No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Fitment. Any consent by Fitment. to, or a waiver by Fitment of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

For Mental Health Professionals

Life, directly and indirectly, collect information regarding the Mental Health Professionals’ profiles, contact details, and practice. Fitment reserves the right to take down any Mental Health Professional’s profile as well as the right to display the profile of the Mental Health Professionals, with or without notice to the concerned Mental Health Professional. This information is collected for the purpose of facilitating interaction with the End-Users and other Users.
If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Fitment immediately to enable Fitment to make the necessary amendments.
Life shall not be liable and responsible for the ranking of the Mental Health Professionals on external websites and search engines.
Mental Health Professionals explicitly agree that Fitment reserves the right to publish the content provided by Mental Health Professionals to a third party including content and social media platforms.
You as a Mental Health Professional hereby represent and warrant that you will use the Fitment Platform in accordance with applicable law. Any contravention of applicable law as a result of your use of these Fitment Platforms is your sole responsibility, and Fitment accepts no liability for the same.
Life ensures easy access to the Mental Health Professionals by providing a tool/platform to update your profile information. Fitment reserves the right of ownership of all the Mental Health Professionals’ profile and photographs and to moderate the changes or updates requested by Mental Health Professionals. However, Fitment takes the independent decision of whether to publish or reject the requests submitted for the respective changes or updates.
You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Fitment Platform and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Fitment may modify or delete parts of your profile information at its sole discretion with or without notice to you.
Life reserves the right to collect and publish feedback for all the Mental Health Professionals listed on the Website.
If Fitment determines that Mental Health Professionals have provided inaccurate information or enabled fraudulent feedback, Fitment reserves the right to immediately suspend any of your accounts and profiles with Fitment and makes such declaration on the website alongside your name as determined by Fitment for the protection of its business and in the interests of Users.
Life has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the End Users. It is a pure merit driven, the proprietary algorithm which cannot be altered for specific Mental Health Professionals. Fitment shall not be liable for any effect on the Mental Health Professionals’ business interests due to the change in the Relevance Algorithm.
The Mental Health Professionals must be duly registered, licensed, and qualified to provide mental health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Mental Health Professionals shall not be part of any arrangement which will prohibit him/her from providing Mental Health care Services within the territory of India. The Mental Health Professionals shall at all times ensure that all the applicable laws that govern the Mental Health Professionals shall be followed and utmost care shall be taken in terms of the consultation/services being rendered.
The Mental Health Professionals possesses the appropriate and current level of training, expertise, and experience to provide Mental Healthcare Services in a professional manner with due skill, care, and diligence
The Mental Health Professionals shall maintain high standards of professionalism, service, and courtesy. The Mental Health Professionals understands that the Mental Health Professionals is fully liable for any violation of any local laws and regulations as may arise from providing Mental Healthcare Services.
In recognition of the various offerings and services provided by Fitment to Mental Health Professional, Mental Health Professionals shall (subject to its reasonable right to review and approve):

allow Fitment to include a brief description of the services provided to Mental Health Professionals in Fitment marketing, promotional, and advertising materials;
allow Fitment to make reference to Mental Health Professionals in case studies, and related marketing materials;

serve as a reference to Fitment existing and potential clients;

provide video logs, testimonials, e-mailers, banners, interviews with the news media, and providing quotes for press releases;
make presentations at conferences; and/or (f) use the Mental Health Professionals’ name and/or logo, brand images, tag lines, etc., within product literature, e-mailers, press releases, social media, and other advertising, marketing andpromotional materials.

Mental Health Professionals acknowledge that they are the original authors and creators of any Content uploaded by them via Fitment Feed and no Content uploaded by them would constitute an infringement of the intellectual property rights of any other person.
Life reserves the right to remove any Content which it may determine at its discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright, or other proprietary rights.
Mental Health Professionals agree to absolve Fitment from and indemnify Fitment against all
claims that may arise as a result of any third-party intellectual property right claim that may arise from the Mental Health Professional’s uploading of any Content on the Fitment Feed.

Grievances

In accordance with the provisions of the Information Technology Act, 2000 and Rule 3(11) of Information Technology (Intermediaries guidelines) Rules, 2011, if a User has any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to the processing of information, the User may communicate such grievance to us.
If a User has any questions concerning Fitment, the Website, this Agreement, the Fitment Platform, or anything related to any of the foregoing, Fitment customer support can be reached at the following email address: support@fitment.life.