LAST UPDATED 21 January 2022

Please read the following terms carefully before using the site and the services available on the site:

A. TERMS OF USE

The terms of use (the “terms”) provided herein below are with respect to the access and use of the website (the “site”), the content and other services available on the site. The site may be accessed via, but not restricted to, the world wide web (www), smart phones and smart televisions. These terms shall apply whenever you access the site, on whatever device(s).

Using the site and the services made available on the site shall indicate that you have read these terms and have duly accepted them. In case you do not agree to the said terms enlisted herein, you must refrain from using this site and the services made available on the site.

The site fiendishtherapy.com and Fiendish Therapy is owned, operated and maintained by Fiendish Solutions Private Limited, a company registered under the Companies Act 2013 having Corporate Identification Number (CIN) as U74900KA2014PTC077961 and having registered address as #64, S. No. 74, CK Palya Road, Hommadevanahalli, Bannergatta Road, Bangalore - 560083, Karnataka, India (“we/our/us”).

We may change these terms from time to time and we will update you about any material changes, either by sending you an email or by notifying you on the site. Unless we make clear otherwise, access to or continued use of the site and services listed on the site after the effective date of the revised terms constitutes your acceptance of the revised terms.

B. BINDING AGREEMENT

By using the Site and the services made available on the Site, you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Site. This agreement is for an indefinite term and you understand and agree that you are bound by such terms till the time you access this Site.

C. DEFINITIONS

1. ‘Creating an account’ shall mean by method via which a user can access and obtain the Services listed on the Site. It is clarified that a user does not need to create an account to simply browse or read the content displayed and available on the site.

2. ‘Content’ means any content or information relating to any services listed on the site, and any other content or information made available on this site from time to time.

3. ‘Client’ refers to any natural person who has availed the services as listed on the Site.

4. ‘Client Data’ shall mean the details such as name, age, telephone number, email ID, address, scanned copies of forms/memos/documents/previous reports/applications, thought diaries, psychological tests and any other material that a client may provide and share at the time of creating an account on the Site.

5. ‘Privacy Policy’ refers to our internal statement of that governs our practices of handling personal information of User(s) and Client(s).

6. ‘Services’ refers to the psychological counseling/mental health therapy services such as Cognitive Behavior Therapy, Supportive Psychotherapy, Individual and Group Psychotherapy, etc. These services do not include psychological counseling or therapy for psychotic disorders. Examples of psychotic disorders are, schizophrenia, schizoaffective disorders, delusional disorder, brief psychotic disorder, substance induced psychotic disorders etc. It is clarified that we are not a medical service or suicide prevention helpline. If you are feeling suicidal, we would suggest you immediately call up a suicide prevention helpline or seek medical help.

7. ‘Session’ refers to a therapy session wherein the client(s) describes their current situation and their feelings about the situation and then the therapist(s) by using their expertise assists the client(s) in trying to resolve that problem. A session can either be a virtual session or a physical session. It must be remembered that a resolution during the session may or may not be achieved, and an improvement in the mental health condition is not guaranteed by us and we do not take liability for the same. Any improvement in any mental health condition depends on a number of psychosocial, circumstantial, and environmental factors which are not under the control of the therapist.

8. ‘Therapy’ or psychotherapy is the process of working with an RCI licensed therapist, clinical psychologist or a counselor to treat specific mental health conditions such as depression, anxiety, trauma, or simply the daily challenges.

9. ‘Therapist’ shall refer to an RCI licensed therapist or a mental health professional trained to provide treatment and rehabilitation.

10. ‘Terms’ refers to the terms of use of the website;

11. ‘You/User/Individual/Person’ and all its other form of grammatical variations shall refer to any natural person visiting and scrolling/browsing the Site. For the purpose of understanding this section “Natural person” means a person who has its own legal identity and personality i.e. an individual human being.

Please note that a user is not deemed be to a ‘client’ unless the user, after creating an account with us uses/obtains or purchases any services listed on the site.

D. PRIVACY AND DATA PROTECTION

Please read our Privacy Policy to understand what information we collect about you and how the said information is used by us. We further advise you to read carefully our cookie policy (link here).

E. ABOUT US

www.fiendishtherapy.com [the website] is owned and operated by Fiendish Solutions Pvt. Ltd.. The website is a platform where client(s) can connect and communicate with therapists and seek advice or help. It is made clear that we only serve as a “facilitator” and a “platform” for users/client(s) to get access to RCI-registered therapists who are registered on the site to offer their services in an online and/or offline mode. It is clarified that the client(s) can choose between online and offline mode of consultation subject to the consent of the therapist.

Since we are a platform to connect the client(s) with the Therapist(s), we are not to be held responsible for the delivery of services which is the sole responsibility of the Therapist who provides them.

The therapist (s) associated and registered with us are independent and RCI registered therapists.

The session remains confidential between the therapist and the Client(s) and we do not publish or share the details of the sessions. All the information with respect to the sessions remains with the therapist(s) and we do not have any control on it. We do not interfere in the therapist-client relationship, unless acting on a particular complaint.

While we hope the online services are helpful to you, you understand and agree that the information, advice, or suggestions provided by the therapist(s) may not always be appropriate for certain problems/situations and should not be considered a substitute for a face-to-face or an in-person meeting with mental health experts.

Fiendishtherapy.com is not intended for situations where drug or medical treatment is appropriate and required. It is suggested to actively consult your therapist and act on the professional advice tendered by the therapist.

The Site aims to provide the services available on this site to anyone interested in obtaining the services listed and available on this Site. In order to avail the services listed on this site, the user will (1) need to register with us by creating an account (2) Select and purchase the service listed on our services page [embed link] (3)Select the therapist (4) Make the payment. In order to know and understand how to create an account, please refer to PARA I

F. RESTRICTIONS ON USE

You may use this Site for purposes expressly permitted by this site. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these terms.

G. OBLIGATION OF A USER

You agree:

a) not to use this website for any unlawful purpose or in any way which is unlawful;

b) not to obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.

c) not to use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

d) not to use this Site in any way which infringes any patent, trade mark, copyright, trade secret, database right, other intellectual property right, right of confidence or other right of any other person or which breaks any law or breaches any contract.

e) Additionally, you or any person authorized by you shall not co-brand this Site, frame this Site, and download any content from this Site without the express prior written permission of an authorized representative of Fiendishtherapy.com

(Explanation: For purposes of these Terms, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site.)

f) not to create any content or post any material to this Site or provide any information which-

is false, misleading, or inaccurate

is fraudulent or criminal,
is obscene, offensive, defamatory or unlawful in any other way,
causes annoyance, inconvenience or anxiety,
is a political campaign, commercial solicitation, a chain letter, mass mailing or any form of "spam", junk mail or advertising which has not been authorized by us in writing,
is likely to interrupt, damage or impair in any way any access to this Site,
results in the introduction of any software virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of this website or corrupting or destroying any content or other information of software code.
not to use this Site to imitate any individual or a person;
not to access or attempt to access this Site by any means except through the interface which is provided by us, unless you have been specifically allowed to do so in a separate agreement with us;
not to access or attempt to access this Site through any automated means including use of scripts or web crawlers and agree not to run any form of spam or auto-responder on this website.

NOTE that we reserve the right to report any breach of the Terms to any relevant law enforcement authority and further reserve the right to disclose your identity to that authority.

H. ADDITIONAL OBLIGATION OF A USER

a) You represent and confirm that you are of legal age to enter into a binding contract and you are not a person barred from using the site and/or receiving the services under the laws of India or other applicable law. For the purpose of understanding this portion, it is clarified that the site is not intended for users under 18 years of age. If you are under 18 years of age, do not use the site and do not provide us with any personal information. In case you have inadvertently provided us with your personal information, we reserve the right to delete the said information.

b) To avail a service on the site you should have and must continue to maintain at your sole cost: (1) all the necessary equipment necessary in order to access the site; (2) own access to the World Wide Web.

c) You shall be responsible for accessing the contents and services on the site and that access may involve internet service provider charges which are to be exclusively borne by you. Under any circumstances we shall not provide you the charges as stated herein.

d) You also understand that the site may include certain communications as service announcements and administrative messages. You acknowledge that the content is protected by intellectual property rights, including copyright.

e) You will not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on any content which does not originate from you (either in whole or in part) unless you have permission to do so from the owner of the intellectual property rights in that content.

f) Additionally, you are solely responsible for ensuring that everyone who accesses this site through your password or account is aware of the Terms and complies with the Terms.

g) You shall also be responsible for providing and configuring your information systems and devices in order to access and use this website, including for implementing anti-virus protection and firewalls.

h) You agree to cooperate with us to prevent or remedy any unauthorized use.

I. CREATING AND ACCOUNT

In order to create an account, the user will have to enter certain details such as their name, age and email address. Upon entering the details mentioned herein, the user account will be created and user will be registered on the site. Upon creating an account, the user will be able to access and obtain the services listed on the site. At the cost of repetition it is reiterated that a user will not deemed to be a ‘client’ unless the user after creating an account with us obtains any services listed on the site.

J. SERVICES

We offer the following services:

Evidence-based psychotherapy for mental health conditions as described under the DSM – V and ICD 11.
Consultation

K. RIGHTS AND OBLIGATIONS OF A CLIENT

a) Any service obtained/ purchased by the Client is activated from the date and time of such purchase. All services shall have duration and validity and will expire as soon as the duration ends. It is the duty of the client(s) to adhere to the validity/duration of the services.

b) In case, the client fails to use the purchased services during the validity period of the service, there is no provision to use the same service at another time. Such a service would be deemed as complete and no refunds or reschedules will be allowed.

c) The client (s) will have the freedom to choose a desired date and time slot for the sessions after obtaining the services from the site.

d) The client(s) can also reschedule the session. In case of rescheduling or delay, the client must notify the Therapist by sending an email to____(add company email) 24 hours prior to the date and time sought by the client(s) for the session.

e) You understand and agree that all sessions whether audio or video are subject to the availability of the therapist and we only serve as a ‘connecting’ and ‘facilitating’ platform and have no role to play in the actual sessions.

f) You take the responsibility for your decision to use (Fiendish Therapy) as a connecting platform. (Fiendish Therapy) is only a platform that facilitates the communication and is not involved in the Client-Therapist relationship.

g) After your session is over with the therapist, a 2 (working) day window will be available for addressing issues regarding the services (if any). In case of technical difficulties such as, but not limited to, difficulty in getting connected with the therapist, we will take the circumstances into consideration and depending upon genuineness of the situation, a rescheduled session will be given to the client(s).

h) It is clarified that the said rescheduling shall be done at our sole discretion. However, after the passage of 2 working days, no issue or complaint will be addressed and the session will be deemed as complete.

J. OBTAINING THE SERVICES BY CLIENT(s)

If you wish to obtain any service made available through us you may do so by purchasing the service (embed link) most relevant to you. However, if you are not sure as to the type of service you should avail, please complete the mental health evaluation survey/chart etc. (attach survey link). This survey is aimed is aimed to provide you with the most suitable service. It is suggested to complete the survey in order to avail the best possible service for you.

While purchasing the service you will be asked to supply certain information relevant to your purchase including, but not limited to, your credit/debit card number and the expiration date of your credit/debit card. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchase(s). You represent and warrant that you have the legal right to use the payment method(s) that are accepted by us. We do not store the payment information provided by the client(s).

The amount paid by the client(s) for the services is used to compensate us for our administrative and maintenance cost, various expenses, therapist fees, software development, etc., including the transaction fees for credit/debit card usage which are charged by the third party payment services.

K. REFUND POLICY.

Refunds shall be made if the therapist cancels the sessions due to unavoidable circumstances. However, no refunds shall be initiated if the client(s) cancels the therapy session at the eleventh hour. The refund will be initiated within 6-7 working days.

L. INTELLECTUAL PROPERTY RIGHTS

You understand and admit that we are the owner of all intellectual property rights in the site including any and all databases that hold relevant information about the site. You are aware that the said database is protected by laws governing the copyright and/or trademark regime in India. You further acknowledge that you may only use any such material available on the site in line with the laws applicable. If you do not use the materials in line with the laws applicable herein, we reserve all our rights conferred to us by law to remedy any such breach.

Additionally, you may not remove or alter, or cause to be removed or alter, any copyright, trademark, trade name, service mark, or any other data available on the site. Modification or use of the content except as expressly provided in these Terms will violate our intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

M. CONFIDENTIALITY

Personal information or business information that you supply to us through the site, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Policy (attach link). Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.

N. LINKS TO THIRD-PARTY WEBSITES

We use certain trusted third parties for the purpose of convenience providing high quality content, payment and subscription services, improve, promote and protect our services. We may use third party services to help us provide customer support, manage our advertisement display, data storage assistance and payment gateways. The third party services we are presently using are:

Wix,
Gmail,
ProtonMail,
JotForm,
Zoom,
Skype,
TypeForm,
GoToMeeting,
WhatsApp,

You represent and warrant that you have read and have agreed to be bound by all applicable Terms and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with us. Links are to be accessed at your risk, and we make no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. You shall expressly hold us harmless from any and all liability related to your use of any third-party website.

From time to time, the website will legally utilize intellectual property owned by third parties related to our services. The rights in any third-party trademarks or host copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you.

Further, nothing in this Agreement shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or Copyright by you. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.

O. INDEMNITY

You agree to defend, indemnify and hold harmless the company, its subsidiaries and affiliated companies, and their officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable legal fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms or violation of any laws. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us as reasonably required in the defence or settlement of any such matters.

Further in no event shall Fiendish Solutions Pvt. Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, court costs, attorneys’ fees, loss of profits, data, use, goodwill, or other intangible losses, resulting from any acts, opinions, advice, suggestions, information, omissions or services of therapists registered on the Site.

P. LIMITATION OF LIABILITY:

You understand and agree that in no event shall (brand name), nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any user or any third party for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, court fees, attorneys’ fees or other intangible losses, resulting from (i) Your access to or use of or inability to access or use of the Site; (ii) any conduct or content of any third party on (brand name); (iii) any content obtained from (Fiendish Therapy); and (iv) unauthorized access, use or alteration of the user’s transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event shall (Fiendish Therapy), nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, court costs, attorneys’ fees, loss of profits, data- use, goodwill, or other intangible losses, resulting from a dispute regarding any transaction conducted via the Site.

If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive termination or expiration of this agreement.

Q. DISCLAIMER

Use of the services available on the site is not for emergencies. The site is not a suicide prevention helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you are advised to discontinue the use of the services immediately at your discretion. You are also advised to notify appropriate emergency medical personnel. If you are thinking about suicide, immediately call a suicide prevention helpline as available in your area.

R. AVAILABILITY, ERRORS AND INACCURACIES:

We constantly update our offerings of products and services on the Site. The products or services offered on this Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in the advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

S. TERMINATION

We reserve the right to modify, terminate, suspend or discontinue the platform or any part of the platform or the use of the platform, at any time, without any prior notice to you. Additionally, we may modify, terminate, suspend or discontinue your account or all users accounts, without any prior notice or liability, for any reason whatsoever, including without limitation if the user breaches the terms of this contract in any way and you agree not to hold us liable for any damages or losses caused while carrying out the above mentioned actions.

Upon termination, your right to use the Site will cease immediately. If you wish to terminate your account, you may simply deactivate your account and discontinue using the Site. By deactivating your account, you would no longer be able to login or avail the services listed on the site.

T. FORCE MAJEURE

You acknowledge that we shall not be liable for any failure or delay in performance of its obligations under this Agreement i.e. the Terms arising out of or caused, directly or indirectly, by circumstances beyond our reasonable control, including, but not limited to, act(s) of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; lockdown, curfews epidemics; pandemics; riots etc.. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance as specified under this Agreement as soon as practicable.

U. DISPUTE RESOLUTION

If any dispute(s), controversy(s) or claim(s) arises out of or in connection with these Terms, in which we are a party, the disputing parties shall use all reasonable endeavors to negotiate with a view to resolve the dispute(s) controversy(s) or claim(s) amicably. If a party gives the other party notice that a controversy(s) or claim(s) has arisen and the parties are unable to resolve the disputes in an amicable manner within 30 (thirty) days of service of the notice of dispute (or such longer period as the parties may mutually agree), then the controversy(s) or claim(s) shall be referred to arbitration in accordance with the below terms. Subject to the above clause, all Disputes or differences regarding this Agreement shall be submitted to final and binding arbitration. In the event of such arbitration:

a) The arbitration shall be in accordance with the rules of the Arbitration and Conciliation Act, 1996, in force at the relevant time (which is deemed to be incorporated into this Agreement by reference).

b) All proceedings of such arbitration shall be in the English language. The venue and seat of the arbitration shall be in Bangalore and the courts of Bangalore shall have exclusive jurisdiction over the arbitration proceedings.

c) The Law governing the conduct of arbitration and the arbitration proceedings shall governed by the Arbitration and Conciliation Act, 1996, in force at the relevant time.

d) The arbitration shall be conducted before a sole arbitrator appointed by us;

e) Arbitration awards shall be final and binding on the parties; and

f) The existence or subsistence of a dispute between the parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the parties under the Agreement which are not in dispute, and the arbitrators shall give due consideration to such performance, if any, in making a final award.

g) Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.

V. GOVERNING LAW

These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Bangalore.

W. GRIEVANCE OFFICER

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the ‘Grievance Officer’ are provided below:

Name: Umang Narang

Phone No: +91-9650367884

E-mail Address: rivery84@gmail.com

Postal Address: Joy Restaurant, Main Bazar, Palampur, Himachal Pradesh. PIN: 176061.