Terms and conditions

Date of last published version: 31^st  July, 2024

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules that are framed under that 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 the platform (www.hearmenow.in ( “Website”) and mobile application HearMeNow.

For the purpose of these Terms, wherever the context so requires "You", "Your", "Customer" , “client” or "User" shall mean any natural person who uses the Platform for availing the Services. The term "We", "Us", "Our" shall mean the Company, its employees, and authorised agents that perform any services on the Company's behalf.

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

“Wellness experts” or similar terminology refers to the all services providers on the application, in reference to psychologists, therapists, counsellors or yoga practitioners.

The platform is owned and operated by EMOFIRSTAID WELNNES PRIAVTE LIMITED ("Company"), a private limited company, incorporated under the provisions of the Companies Act, 2013. at New Delhi.

These terms and conditions of usage govern your use of the Platform and services provided therein . 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 and conditions. If you do not agree to these terms and conditions, do not use this Platform/ Services. Because these terms and conditions are a legal contract between you and HearMeNow platform, it is important that you review the them carefully before accessing or using the Platform or mobile application. These terms and conditions are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with HearMeNow, including without limitation the privacy policy ("Privacy Policy").

We reserve the right to make changes to these terms and conditions at any time. Any such modifications will become effective immediately upon posting to the Platform and your continued use of the Platform, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these terms and conditions as posted on the Platform.

Nature of business

HearMeNow is a mobile application based mental wellness platform that offers wellness services to individuals and organisations. These include, but are not restricted to, corporate wellness programmes through which employees of organisations avail various services.

Below are the offerings on the mobile app.

• Personalized 1-1 therapy, counselling, and yoga sessions.
• Audio and video call appointments, which can be booked in advance or on spot as per time slot availability.
• Basic yoga sessions which would also include yoga asanas, pranayama and meditation.

User Agreement

By choosing to visit and/or avail any Services and/or resource from HearMeNow, 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 and privacy policies available on website and mobile application.

Please read the User terms and conditions carefully. These terms are in effect upon your using or availing services or resources 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 this user Agreement.

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

Applicability Of Terms

The terms and conditions are applicable to all present and future contracts established between the user and HearMeNow.

This User terms and conditions 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 Terms and conditions and Privacy Policy, other policies referenced herein; and agrees to abide by them. The User terms and conditions supersedes any previous oral or written terms and conditions that may have been communicated to you.

1. Use of Services by an incorporated/registered entity

 If you are not an individual and are an incorporated/registered entity/institute/organisation seeking to avail the services of HearMeNow for your members/employees/students or any individuals registered with you for any services, you shall enter into an agreement/memorandum of understanding with HearMeNow for this purpose. Each individual availing the services of HearMeNow under such agreement/memorandum of understanding shall be bound by these Terms and conditions and Privacy Policy.

 2. Use of Services/Platform by minors

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 register on the platform without being accompanied by a parent or legal guardian or adult sibling/relative. We reserve the right to terminate your membership and refuse to provide you with access to the Platform or Services 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. We will not be liable for any harm caused to you on account of any use of the Platform without appropriate parental consent in accordance with this Clause. For any issues please reach out to support@hearmenow.in.

3. User Account

In order to use the Platform, 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 HearMeNow on the Platform 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 Privacy Policy. You are responsible for maintaining the confidentiality of your account details at all times. Further, you are responsible for all activities that occur under your account.

4. Payments and Refunds

HearMeNow will charge customer for the chat, audio, and/or video based counselling/ therapy , yoga sessions and other programs. Before availing any such Service, we will communicate in writing to the User/customer, 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). Please note that the charges paid by a Customer are not refundable. However, in the event a Customer is facing any issue or any grievance, then they may send a mail to support@hearmenow.in. HearMeNow will revert to email within a period of 7 days. The decision of HearMeNow on any such matter shall be final and binding.

Please note the specific cancellation and refund policy in the event of the following circumstances:

1. Subscription Plan:   Any purchased plan is activated from the date of purchase and expires according to its duration. In case, the Customer fails to use the services during the period, the Plan cannot be shifted to any other period, further, no refunds will be provided in such a scenario.
2. Appointments(Audio/Video/Face to Face): For any Services purchased, the HearMeNow team shall make 3 attempts to reach the Customer over mobile application( or similar platform) based calling feature for the services. In case, the Customer fails to respond, the Service will be treated as availed and no refunds shall be provided by HearMeNow. In case of technical difficulties during or at the time of the session, HearMeNow will check with their service providers. If the case is adjudged by HearMeNow to be genuine, the money will be refunded to the wallet. However, the Customer shall not be entitled to a refund on account of technical difficulties at the time of the session. For Audio and Video Sessions, in case, the customer fails to turn up at the time of the appointment, the appointment will be treated as availed and the amount will not be refunded.
3. Cancellation policy:

1. By booking an appointment, customer has booked a specific time slot of Hearmenow expert. It is advised to be present at the time of appointment, as the time is of essence. Our sessions can be booked in advance or on-the-spot as per time slot availability .
2. Any cancellation request must be made at least 24 hours prior to the appointment for full refund. Refunds will be provided back to the customer wallet.
3. The session duration, start time and end time are fixed as per the schedule allotted. At the beginning of the session, the wellness expert will make at least 3 attempts to reach the customer over the app based calling feature, in case customer doesn’t show up, session will be marked as complete and no refunds will be provided. You may enrol/subscribe for the session again in order to book an appointment.
4. If the customer cancels the appointment two hour or less than two hours before the session, then no refunds will be provided.
5. In case the cancellation request is made within 24 hours and up to 2 hours prior to the session, the customer would be entitled to the 50% refund of the booked amount (session charges) and the same will be credited back to the app wallet.
6. In any unavoidable circumstances, if the Wellness expert cancels the appointment, the customer will get a full refund back in the wallet.

Please note that all the refunds will be provided back to the mobile application wallet within 5 working days. Please note that the amount refunded will be session charges only, it may not include any other charges for e.g. platform fee or any other taxes paid by the customer. In case you have any doubts or need any information, please write to us at support@hearmenow.in

 iv. Appointment booking:   

User(s) can make payments through any of the following available options: internet banking; debit cards/ credit Cards; Unified payments interface ("UPI"); Payment wallets available at the time of payment. The User agrees and accepts that all nuances and modalities relating to making payment using internet banking/ debit cards/credit cards, UPI or payment wallets  ("Virtual Payment Mode") shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks or payment gateways. Hearmenow shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction). While availing any of the Virtual Payment Modes available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason. You understand, accept and agree that the payment facility provided by us, is neither a banking nor financial service. HearMeNow reserves its right to revise the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.

5. Ownership of the Platform

1. The Platform contains content owned or licensed by HearMeNow ("HearMeNow Content"). HearMeNow owns and retains all rights in the HearMeNow Content. You will not copy, alter or conceal any copyright, trademark, service mark incorporated in or accompanying the HearMeNow 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 HearMeNow Content. The HearMeNow name and logo are trademarks of HearMeNow, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HearMeNow. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of HearMeNow, may not be copied, imitated or used, in whole or in part, without prior written permission from HearMeNow.

6. Use of the Platform

1. You may use the Platform for lawful purposes only. You shall not post or transmit through the Platform any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, 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 applicable law. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Platform in any medium; (ii) transmitting spam, chain letters, or other unsolicited email by making use of the Services or the Platform; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform; (iii) taking any action that imposes, or may impose in our sole estimation an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Platform; (v) collecting or harvesting any personally identifiable information, including account names, from the Platform; (vi) using the Platform for any commercial purposes without having all necessary rights and licenses to the User Content (defined below); (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Platform; (ix) accessing any content on the Platform through any technology or means other than those capabilities provided by the Platform; or (x) bypassing the measures we may use to prevent or restrict access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein.

   User Content Guidelines: You are solely responsible for your conduct and any data that you submit, post or display on or via the Platform. HearMeNow shall have no liability for the conduct in relation to your use of our Platform. Violations of these Terms may result in legal consequences prescribed by the applicable laws. The Platform provides Users the facility to create, share and post content (together, "User Content"). HearMeNow claims no ownership rights over User Content created by you. HearMeNow has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Platform. HearMeNow takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Platform. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content. You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort under applicable law; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); or (vii) contains any information or content that you do not have a right to make available under applicable law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. HearMeNow reserves the right, but is not obligated, to reject and/or remove any User Content that HearMeNow believes, in its sole discretion, violates these provisions. For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyrights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all registered domain names protected under applicable law.

2. In connection with your User Content, you affirm, represent and warrant the following:
1. Your User Content and your use thereof as contemplated by these terms and the Platform will not violate any applicable law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
2. To the extent that you use the Platform for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Platform.
3. HearMeNow may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
4. HearMeNow takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Platform, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that HearMeNow is only acting as a passive conduit for the distribution and publication of your User Content. If your User Content violates these Terms, you may have to bear consequences under applicable law for such User Content.

7. Rights to User Content

1. If you share your User Content with HearMeNow and/or link your User Content to HearMeNow on a third party service and/or post content on any social media page owned and operated by HearMeNow, you expressly grant and you hereby represent and warrant that you have all rights necessary to grant to HearMeNow a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Platform and HearMeNow's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of our Platform (and derivative works thereof) in any media formats and through any media channels.

8. Disclaimers

1. The advice or information provided by experts via the Platform is provided for informational purposes only and cannot be considered a substitute for examination by a doctor or other mental health experts. You are advised strongly against relying solely on, or make decisions based solely on advice provided by any Expert.
2. You understand and agree that although an Expert may be a counsellor, therapist or other wellness experts or yoga practitioner. HearMeNow disclaims any and all liability for any consultation and therapy services rendered by an Expert to you through the Platform. You further acknowledge and agree that you take full responsibility for the decision to access an Expert through the Platform and to continue to interact with such individual(s), and that the role of HearMeNow is strictly limited to providing access to such Experts to you.
3. Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, or if at any time you are concerned about your care or treatment, please go to the nearest hospital or health care provider.
4. The Platform 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.\
5. Your use of information provided on the Platform and availing of services on the Platform is solely at your own risk. HearMeNow is not, and will not in any manner be involved in the practice of medicine or the provision of medical care.

9. Privacy and security

1. You understand that by using the Platform you consent to the collection, use and disclosure of your Personal Information (as defined in the Privacy Policy) and aggregate data as set forth in our Privacy Policy.
2. We endeavour to protect the privacy of your User account and other Personal Information collected by us, but you understand that HearMeNow cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your Personal Information at your own risk.
3. Your User account is protected by a SMS OTP for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by ensuring that you keep the login credentials of your User account confidential and limit access to your computer or device and browser by signing off after you have finished accessing your User account.
   To know more about how we protect your Personal Information, read our Privacy Policy.

10. Warranty

You understand and agree that any interactions and associated issues with the Wellness Experts on the platform, is strictly between you and the Wellness Experts. You shall not hold HearMeNow and/or the Wellness Experts responsible for any such interactions and associated issues. HearMeNow and/or the Wellness Experts is not responsible for any outcome between you and the Wellness Experts you interact with. If you decide to engage with a Wellness Experts 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. HearMeNow and its licensors and affiliates expressly disclaim all warranties of any kind, express, implied, or statutory, relating to the Services and content. In addition, HearMeNow 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 platforms 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 platforms, or for any other materials, products, or Services of third-parties. Over the course of the period of the User Agreement, we might incorporate products/ Services from third-party providers on our platform. By using such products/ Services, it is understood that the user has read, understood and agreed to the terms and conditions of the corresponding third-party provider. HearMeNow 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 platforms. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

11. Exceptions and limitations

1. Hearmenow is a technology enabler that connects the user and the Wellness experts and does not make any representation or warranty as to the quality or value of the Services offered on the Platform, or availability of Expert(s) and also does not guarantee the availability of the same Wellness expert over any period of time. From the moment at which you book your appointment, HearMeNow acts solely as an intermediary between you and the Wellness expert, transmitting the details of your booking to you and to the Wellness Experts. All Wellness Experts have a contractual relationship with HearMeNow and are allowed to use our platform and technology to provide Services to you. HearMeNow does not assume any responsibility for their actions, advice or any other information provided through our platform or otherwise The user is responsible for all their decisions and actions and agrees that they are made independent of any representations by HearMeNow or the Wellness Experts. HearMeNow or the Wellness experts cannot be held responsible for such decisions and actions or any outcomes as a result.
2. HearMeNow believes it is unethical for our wellness experts to have dual relationships with current or former clients/customers/users. During and after the sessions, you are forbidden to have any individual relationship of any other type with our Wellness expert; this includes association on social and professional network websites such as 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. It is unethical for experts to conduct the sessions outside of the Hearmenow platform and should be avoided at all circumstances.
3. HearMeNow does not implicitly or explicitly support or endorse any services on the Platform. HearMeNow shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
4. While HearMeNow carries out background checks and verifications on all Wellness experts, you understand and acknowledge that HearMeNow does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Expert, or any service, advice, opinion, recommendation provided by an Expert. HearMeNow provides a profile page to all Wellness experts where information regarding education, training, experience, specialities can be provided to the user. It is the responsibility of the Psychological Wellness experts to ensure the accuracy and reliability of such information provided.
5. 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 Expert; (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.
6. You acknowledge that there will be occasions when the Platform may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
7. You agree that HearMeNow is not responsible for, and does not endorse User Content posted within the Platform. HearMeNow does not have any obligation to pre-screen, monitor, edit, or remove any User Content. If the User Content violates these Terms, you shall be solely responsible for all consequences under applicable law with respect to such User Content.
8. HearMeNow reserves the right to remove any User Content from the Platform for any reason, without prior notice. User Content removed from the Platform may continue to be stored by HearMeNow, including, without limitation, in order to comply with certain legal obligations imposed by applicable law, but may not be retrievable without a valid court order. HearMeNow will not be liable to you for any modification, suspension, or discontinuation of the Platform, or the loss of any User Content.
9. We may, without prior notice, change the Platform, stop providing the Platform or features of the Platform, to you or to Users generally, or create usage limits for the Platform. We may permanently or temporarily terminate or suspend your access to the Platform, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

12. Termination

1. HearMeNow may terminate these terms and conditions for any reason at any time. HearMeNow reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Platform, with or without prior notice. Otherwise applicable sections of the terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms. You may terminate these Terms at any time by deleting your User account.

13. Third-party links

1. The Platform may contain links to other Platforms ("Linked Sites"). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
2. We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Platform, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
3. On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

14. Indemnification

1. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms, or any use by you of the Platform. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
2. In the event of a dispute regarding any transaction conducted via the platform, you hereby relieve HearMeNow, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which member may have against one or more of the above.

15. Limitation of liability

In no event will HearMeNow or its affiliates or any party involved in creating, producing, or delivering the platform be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the platform or any linked sites, or in connection with any failure of performance. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if HearMeNow has been advised of the possibility of such damage.

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 HearMeNow and/or its affiliates responsible for such Conduct.

 16. Dispute Resolution

1. In the event of any dispute, controversy or claim arising out of or relating to this Agreement or any subsequent amendments to this Agreement including, without limitation, the breach of the terms hereunder, termination, validity or invalidity thereof, or any non-contractual issues relating to this Agreement (each, a "Dispute"), each of the Parties will appoint a designated officer to meet for the purpose of endeavouring to resolve such Dispute amicably or to negotiate for an adjustment to such provision.
2. All Disputes, which are not settled pursuant to the issue resolution procedures set forth in Clause 14.1above, will be referred and settled by final and binding arbitration by a sole arbitrator mutually appointed by the Parties in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time, and the seat of arbitration shall be at Delhi.

17. Governing law

This Agreement shall be governed by the laws of India, and the courts of Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder. In accordance with Information Technology Act, 2000 and rules made there under, the contact details of the 'Grievance Officer' are provided below:
Team: HearMeNow , E-mail Address: support@hearmenow.in

18. Miscellaneous

1. Survival:In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
2. Severability:If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
3. Unenforceability:If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
4. No Waiver:No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
   
   Name: HearMeNow, EMOFIRSTAID Wellness Private Limited, E-mail Address: support@hearmenow.in