Means the multiple websites or applications, including, but not limited to, the website named www.skinpick.com and the mobile app named Skinpick App;
Means any company that owns and/or operates the Platform;
Means any visitor of the Platform who accesses or uses the contents and services offered by the Platform;
Means a qualified, trained & experienced specialist registered with the Platform to provide personalized Online Therapy Services;
Means the personalized online Therapy Services offered by a Therapist to the Users through the Platform;
Means a User who has created a User Account with the Platform and has purchased the Services;
Publicly Accessible Pages
Means those pages of the Platform that are available to general public and other Users such as Forum and Review pages;
Means the standard terms set out in these terms and conditions.
By using the Platform, User agrees and bounds himself or herself to these Terms. If a User does not agree to be bound by these Terms then that User must not use or access the Platform and the services offered by the Platform.
The Company reserves the right to change, modify, alter and / or update these Terms at any time with or without prior notice. Any aspect of the Platform may be changed, updated, supplemented or deleted or discontinued (temporarily or permanently) without notice at the sole discretion of the Company. A User’s continued usage of the Platform after any change to these Terms will mean that the User has accepted that change.
TERMS FOR THE USE OF THE PLATFORM
The Company grants a limited license to each User to access and make personal use of the contents, materials, services etc of the Platform or any third party content in accordance with these Terms and subject to the following conditions:
The Platform’s content, and materials shall only be used for information and non-commercial purposes (other than the transactions contemplated in accordance with these Terms) and no other use of the content or information is authorized;
A User shall not alter, modify, re-design, reproduce, display, publicly perform, import, distribute, republish, sell, offer for sale, or otherwise use any part of the Platform Content in any way, unless expressly permitted to do so by the Company.
A User shall not make any unauthorized copy of any Company trademark.
The Company does not give User the right to create any derivative work of the contents, services, or products of the Platform or of any third party content or service available via the Platform.
The Company does not convey any interest in or to the information, content, services available via the Platform or any other Company material including intellectual property by permitting the user to access the Platform.
COMPANY TRADEMARKS AND INTELLECTUAL PROPERTY
Any and all intellectual property associated with the Platform and its contents are the sole property of the Company, except as expressly provided in these Terms.
All custom graphics, icons, business names and other items that appear on the Platform are trademarks, service marks or trade dress (“Marks”) of the Company except as otherwise expressly authorized by these Terms.
No license to use any of these trademarks etc is given or implied. A User shall not copy, download, reproduce, modify, sell, create derivative works from, upload, or distribute these trademarks in any way without prior permission of the Company.
INFORMATION AND SERVICES
The Platform provides information pertaining to behavioral health and therapy.
To purchase the Services, the User needs to create a User Account by filling out the Sign-up form and registering himself / herself as a Client of the Platform. The Client shall be able to purchase the Services by making the payment through his/her User Account.
ELIGIBILITY: The Company shall provide Services only to those Clients who have attained the minimum age of 18 years. If a Client is under the age of 18, but at least 13 years of age, then that Client may purchase the Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services are not intended for children under the age of 13.
The Company shall, after receiving the payment from the Client, assign a Therapist to the Client. The contract for the provision of Services between the Client and the Therapist will come into force on the receipt of payment by the Company.
THE PLATFORM IS NOT DESIGNED TO PROVIDE ASSISTANCE IN ANY KIND OF MEDICAL EMERGENCY OR IN CASE A PERSON IS CONTEMPLATING SUICIDE OR HARMING OTHERS OR IS IN ANY KIND OF DANGER. THE THERAPISTS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES. YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES AND SEEK ASSISTANCE.
DELIVERY, QUALITY OF SERVICES AND GRIEVANCES
The Client agrees and acknowledges that the Therapist shall be solely and fully responsible for the delivery and quality of the Services.
In case of any dispute/grievance regarding the delivery or quality of the Services provided by a Therapist assigned to the Client, the Company shall try to amicably resolve any dispute between both the Client and the Therapist.
If a Client is not satisfied with the Services provided by the assigned Therapist then the Client can intimate the Company regarding the deficiency in Services by providing all the relevant details via email.
The Company shall ask the Therapist to address the grievance immediately and remove the deficiency if any. If the Client is still not satisfied, the Company will look into the grievance of the Client and take all possible steps to resolve the conflict and, if required, assign another Therapist to the Client upon request.
Any review, content information or image, material (including the User’s Email Address and Telephone Number) posted or uploaded by a User on the Publicly Accessible pages of the Platform shall be known as “Public Information” of the User.
The User shall be solely and fully liable and responsible for the Public Information posted, uploaded or submitted to the Platform by the User.
The User grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to use the Public Information provided by the User in any manner the Company deems fit.
The Company shall not be the controller, owner or author of any Public Information posted by any User of the Platform and shall not be liable, in any manner whatsoever, for any Public Information submitted to, posted, or uploaded on the Platform, by the Users. The Company does not endorse any opinion expressed by any User of the Platform.
The Company shall have no obligation to monitor any Public Information submitted to or posted on the Platform by the Users of the Platform. The User agrees that by accessing Publicly Accessible Pages of the Platform, the User might get exposed to information that is offensive, objectionable or indecent.
The Company reserves the right, at its sole discretion, to remove, any Public Information or any material posted or displayed on the Platform by a User.
REPRESENTATION AND WARRANTIES OF USER
The User warrants that any and all the personal information provided to the Platform and all the materials, content, posted or uploaded on the Publicly Accessible Pages of the Platform shall be accurate and comply with all the relevant and applicable laws, standards, and guidelines.
The User warrants that any descriptions, photographs or images used by the User on the Publicly Accessible pages of the Platform will not be misleading in any way.
The User warrants that the User is the owner, or have the consent of the owner, for any photographs, or images, or descriptions, or materials or other content / description posted /uploaded by the User on the Platform and that such materials, photographs, or images or any other content descriptions will not infringe any intellectual Property Rights including the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party.
The User warrants that the Company will not be required to make any payments to any third party in connection with the Company’s use of the contents and material posted or uploaded by the User, except for the expenses that the Company incurs in providing the Services.
The User represents and warrants that each and every photograph, image, content or material uploaded or posted by the User shall not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
The User represents and warrants that the use of any instructions, formulae, recommendations, or the like contained in the User’s Submissions will not cause injury to any third party.
The User warrants that the User shall not post or advertise on the Platform, or transmit to other Users, any material which is defamatory, inaccurate, abusive, threatening, harassing, or racially offensive, obscene, sexually oriented, or which contains sexual images of any kind or child pornography.
DUTIES AND OBLIGATIONS OF THE USERS
User agrees not to use the Platform for illegal purposes and the User shall not violate any law, statute, ordinance or regulation relating to the use of the Platform and the services provided by the Company through the Platform.
User shall not indulge in any activity or transaction, through the Platform, that could cause the Company to violate any applicable law, statute, ordinance or regulation.
By registering himself or herself as a User or by uploading or posting any content or material, the User represents and warrants that he or she is legally capable of entering into binding contracts.
User represents that he/she is fully responsible for protecting the privacy of the Username and the Password of his/her User Account. User shall ensure that the password is not misused by anyone.
User shall not interfere with or disrupt the Platform, or networks connected to, or any activity conducted on the Platform in any manner including, but not limited to, use of viruses or other similar computer programming.
User shall not use any robot, spider, scraper or other device or automated means to access the Platform, or to monitor the activity, or copy pages and other contents from the Platform, except in the operation or use of an internet “search engine”, hit counters or similar technology.
User shall not take any action that the Company believes, in its sole discretion, will impose an unreasonably large load on the Company servers, including without limitation, deep linking into the Platform.
User agrees to follow all the applicable International and American cyber laws.
TEMPORARY OR PERMANENT SUSPENSION, TERMINATION ETC
Without limiting other remedies, the Company may limit User’s activity, temporarily suspend, indefinitely suspend, remove content or information posted by the User, or refuse to provide the Platform services to the User if, within the sole and independent judgment of the Company:
User breaches or the Company anticipate that User might breach these Terms.
The Company believes that User actions may cause financial loss or legal liability to other Users or to the Company.
The Account Holder does not use the Platform for a considerable period of time.
Harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Platform;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
resell Public Information or access to Public Information;
collect or store personal data about other users;
Refusing to follow the instructions or directions of the Company’s staff.
The Company can also terminate this Agreement at any time, with or without cause and these Terms shall survive until and unless terminated by Company.
The User agrees that the Company shall not be liable to the User or any third party for any action taken by the Company under this Clause and the resultant termination of the User’s use of or access to all or any portion of the Platform.
THIRD PARTIES LINKS AND SERVICES
The Platform may contain links to other sites on the World Wide Web and Internet which are not under the control of, or maintained by, the Platform. The Platform undertakes no obligation to monitor such sites, and User agree that the Platform shall not be liable, in any manner whatsoever, for the content or services provided by such sites or any technical or other problems associated with any such third-party website or links.
The User agrees to indemnify and hold harmless the Company, its employees and agents against all liabilities, legal fee, damages, losses, costs and other expenses in relation to any claims or actions brought against the Company by any third party due to or arising out of any breach by the User of these Terms or other liabilities arising out of or relating to the Platform and Services provided through the Platform.
DISCLAIMER OF WARRANTIES, RELEASE AND LIMITATION OF LIABILITY
The Company shall not be liable if the Platform is unavailable at any time, for any period and for any reason. Access to Platform may be suspended temporarily without notice in case of system failure, maintenance, repairs or any other cause.
The Client hereby release and agrees to hold harmless and indemnify the Company and its owners, officer, directors, employees, from any and all liability from any injury, illness, loss, or expenses of any kind that the Client may suffer as a result of the Client’s participation in the Services, due to any reason whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of the Therapist providing the Services.
The Company, its affiliates or licensors, directors, employees, shall not be liable to User whether in contract, tort or otherwise at law, for any incidental, direct or indirect, punitive or consequential loss or damage whatsoever, arising out of or in connection with:
The use of the Platform, including inaccuracy of the content, or services and / or availability of the Platform.
The Modification, suspension or termination of any part or aspect of the Platform and/ or resulting business interruption, or lost data.
Third Party Transactions resulting from the use of Platform.
Purchase of Services from the Therapists and making payment to the Therapists and availing other Services offered by the Platform.
Dealings with the other Users of the Platform.
Any information submitted to or posted/displayed on the Platform by the Users, or for any failure to correct or remove the said information.
Users agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.
NOTICES AND COMMUNICATIONS
The User shall send all the notices and information, required to be made under these terms at the following Email Address: