This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of our online platform through which counselling may be provided (collectively the “Platform”). The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website www.familylovely.com (the “Website”) and its related apps.
The Website is owned and operated by Lovely Life Solutions (“Company”).
These terms of usage (“Terms”) govern your use of the Platform and Services provided therein (“Services”). By using or visiting the Platform, or by using any content or information provided as part of the Platform/ Services, you shall be deemed to have read, understood, and accepted to be bound by these Terms. If you do not agree to these Terms, do not use this Platform/ Services. Because these Terms are a legal contract between you and Family Lovely, it is important that you review the Terms carefully before accessing or using the Platform. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Family Lovely, including without limitation the privacy policy (“Privacy Policy”).
For the purpose of these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural person who uses the Platform for availing the Services. The term “We”, “Us”, “Our”, “Family Lovely” shall mean the Company, its employees, and authorized agents that perform any services on the Company’s behalf.
1. The Counsellors and Counsellor Services
1.1 The Platform may be used to connect you with a counselling expert, trainer or other individual (“Counsellor”) who will provide services to you through the Platform (“Counsellor Services”).
1.2 We require every Counsellor providing Counsellor Services on the Platform to be a trained and experienced counseling expert or trainer with a minimum of Masters degree in their academic field. While Family Lovely carries out background checks and verification on all Counsellors, you understand and acknowledge that Family Lovely does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Counsellor, or any service, advice, opinion, recommendation provided by a Counsellor. Nothing contained in these Terms, the Platform or on any third party site shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to (a) any Counsellor; (b) the Platform or (c) any service, advice, opinion, recommendation made available via the Platform or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the Platform.
1.3 The Counsellors are independent providers who are neither our employees nor agents nor representatives. The Platform’s role is limited to enabling the Counsellor Services while the Counsellor Services themselves are the responsibility of the Counsellor who provides them.
1.4 The Counsellors may charge for the Counsellor Services they provide, offer the Counsellor Services at a discounted price or may provide the same free of cost. Before availing any such Service, we will appraise the User of the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).
1.5 The role of the Platform is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Family Lovely or the Platform has no responsibility and/ or liability in respect of the content and transactions on the Platform including any interactions between Counsellors on the one hand and Users on the other hand. You understand and agree that although a Counsellor may be a counselling expert, trainer or therapist, Family Lovely disclaims any and all liability for any consultation and services rendered by a Counsellor to you through the Platform. You further acknowledge and agree that you take full responsibility for the decision to access a Counsellor through the Platform and to continue to interact with such individual(s), and that the role of Family Lovely is strictly limited to providing access to such Counsellors to you.
1.6 While we hope the Counsellor Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
1.7 WE ARE NOT A MEDICAL SERVICE, SUICIDE PREVENTION OR EMERGENCY INTERVENTION HELPLINE. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY SEEK MEDICAL SUPPORT OR CALL THE HELPLINE (SUCH AS DISHA: 1056 IN KERALA) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES. ALSO WE OR OUR COUNSELLORS MAY NOT BE AUTHORIZED TO CONTACT ANY THIRD PARTY ON YOUR BEHALF.
1.8 WE WILL NOT IN ANY MANNER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. WE DO NOT TREAT MEDICAL CONDITIONS OR MENTAL DISORDERS. THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, A COURT-ORDERED COUNSELLING. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
1.9 THE ADVICE OR INFORMATION PROVIDED BY COUNSELLORS VIA THE PLATFORM 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 COUNSELLOR.
1.10 DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
2. Privacy and Security
Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://www.familylovely.com/privacy-policy (The ‘Privacy Policy’).
BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.
3. Third Party Content
The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
4. Disclaimer of Warranty and Limitation of Liability
4.1 BY USE OF THE PLATFORM AND THE SERVICES, THE USER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTIONS, LIABILITIES, CONSEQUENCES, DECISIONS, BEHAVIOURS (“CONDUCT”) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM AND/OR SERVICES, AND SHALL IN NO WAY HOLD FAMILY LOVELY AND/OR ITS AFFILIATES RESPONSIBLE FOR SUCH CONDUCT.
4.2 YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELLOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELLOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
4.3 YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
4.4 YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
4.5 YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
4.6 If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
4.7 This section (limitation of liability) shall survive the termination or expiration of this Agreement.
5. Your account, representations, conduct and commitments
5.1 You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract. Use of the Platform is available only to persons over the age of eighteen (18). If you are a minor i.e. under the age of eighteen (18) years, you shall not use, sell or purchase any items on the Platform, unless you are accessing this Platform with parental guidance or guidance of a legal guardian. We reserve the right to refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years and are accessing this Platform without parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Platform without appropriate parental consent.
5.2 You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
5.3 You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
5.4 You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
5.5 You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
5.6 You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
5.7 You agree and commit not to use the account or Account Access of any other person for any reason.
5.8 You agree and confirm that your use of the Platform, including the Counsellor Services, are for your own personal use only and that you are not using the Platform or the Counsellor Services for or behalf of any other person or organization.
5.9 You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
5.10 The Platform contains content owned or licensed by Lovely Life Solutions. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the contents on the Platform and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit these contents.
5.11 You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
5.12 You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Counsellors and us.
5.13 If you receive any file from us or from a Counsellor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
5.14 You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counsellor Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
5.15 You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
5.16 If you have any concerns about a bill or a payment, please contact us immediately. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to issuing partial or full refunds when applicable.
5.17 If you are found degrading, tarnishing, maligning the image/reputation of Family Lovely by spreading hatred, false/fake reviews, wrong actions against the platform or against any other associates, strong legal actions will be taken immediately.
6. Modifications, Termination, Interruption and Disruptions to the Platform
6.1 You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
6.2 The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
7. Grievances
7.1 In accordance with Information Technology Act, 2000 and rules made there under, contact details for grievances are provided below:
Phone: +91 9947 225577
Email: familylovelykerala@gmail.com
8. Important notes about our Agreement
8.1 THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
8.2 This Agreement shall be governed by the laws of India, and the courts in Kerala shall have exclusive jurisdiction with respect to any dispute arising hereunder.
8.3 We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
8.4 We may freely transfer or assign this Agreement or any of its obligations hereunder.
8.5 The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
8.6 If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
8.7 To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.
Last Updated: July 14, 2020