1. These Member Terms and
Conditions (this "Agreement") apply to all users ("you" or
"Member") who access and/or use the platform for on-line advice and
professional consulting services ("Expert Platform") available at
www.KayaWell.com.Site Provider platform facilitates discovery and communication
with Professionals via online message and audio or video chat along with Direct
Office Visit, among other services ("Site Access Benefits"). Members
can choose from a selection of payment models depending on their needs.
2. This Agreement applies with
respect to a Member's access and/or use of the Expert Platform regardless of
where such Expert Platform is made available. In addition to the Sites, the
Expert Platform, or a portion thereof, may also be made available via third
party websites. If you have accessed the Expert Platform, or any portion
thereof, via a website operated, managed, maintained or controlled by a third
party, your use of such website may be subject to terms and conditions imposed
by such third party. Site Provider is not responsible or liable for any terms,
conditions, policies, acts or omissions of any such third parties.
3. This Agreement sets forth and contains the
terms and conditions between you and Site Provider.
IF YOU DO NOT AGREE TO BE BOUND
BY ANY TERM OF THIS AGREEMENT, DO NOT
CONTINUE TO USE ANY PORTION OF THIS SITE.
4. Site Provider may modify this
Agreement or any part hereof at any time as may be required for the provisions
of services on the Sites and for other legitimate business purposes. Site
Provider will use commercially reasonable efforts to inform you of any material
changes to this Agreement. However, Member is encouraged to check the terms of
this Agreement frequently. By using the Expert Platform or a Site (including
maintaining your account) after any modifications to this Agreement have been made,
Member agrees to be bound by such modified Agreement.
5. The Expert Platform allows
Members to find an Expert and ask questions or request advice and/or services
directly from such Expert. Site Provider, via the Expert Platform, enables a
Member to communicate directly with the Expert and pay for the services
purchased by the Member from such Expert (each a "Transaction"). Each
Member is solely responsible for every Transaction occurring under his or her
account. See also User Name and Password
6. Member acknowledges and agrees
that Experts are neither employees nor agents nor representatives of Site
Provider, and Site Provider assumes no responsibility for any act or omission
of any such Expert.
7. As further described in this
Agreement, Site Provider makes no representation or warranty whatsoever as to
(a) the accuracy or availability of the Expert Platform or the Sites, (b) the
willingness or ability of any Expert to give advice, (c) whether the Member
shall find an Expert's advice relevant, useful, accurate or satisfactory, (d)
whether the advice of the Expert will be responsive or relevant to the Member's
question, or (e) whether the Expert's advice will otherwise be suitable to the
Member's needs. Site
8. Provider takes no responsibility
for verifying the skills, degrees, qualifications, credentials or background of
any Experts. It is strongly recommended that the Member independently verify
the skills, degrees, qualifications, credentials and background of each Expert
from whom he or she receives or contemplates to receive advice or services. A
complementary audio or video call is provided to the Member to further
establish the direct verification and suitability of the Expert.
9. The Expert Platform and Sites
may contain financial information provided by third parties. Such content is
provided for informational purposes only and is not intended, and should not be
used, for trade or investment purposes. Furthermore, the Expert Platform and
Sites may include bulletin boards which allow Members to post questions to
Experts regarding various topics and allow Experts to volunteer answers to such
questions. AS NOTED IN THIS AGREEMENT, SITE PROVIDER DOES NOT WARRANT THE
VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR EXPERT ADVICE PROVIDED
AND SITE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO
RELIANCE ON ANY SUCH INFORMATION OR ADVICE.
10. Information furnished by Experts is intended for general
information purposes or entertainment purposes only. Any consultation with an
Expert via the Expert Platform cannot and does not replace a meeting with a
professional. Member is encouraged to verify the information furnished by
Experts. Any reliance on such information is done at the Member's full and sole
risk and liability.
Disclaimer of Warranty
1. Site Provider does not review,
endorse, recommend, verify, evaluate, warrant or guarantee the qualifications,
expertise, claims or background of any Expert or any opinion, response, advice,
prediction, recommendation, information or other service provided by any
2. Nothing contained in this
Agreement, on the Expert Platform, on any Site, on any third party site or
provided otherwise shall be considered as a referral, endorsement,
recommendation, verification, warranty or guarantee with respect to (a) any
Expert; (b) the Expert Platform; (c) any opinion, response, advice, prediction,
recommendation, information or other service provided by any Expert or
otherwise made available on the Expert Platform; or (d) the validity, accuracy,
availability, completeness, safety, legality, quality or applicability of any
content or anything otherwise said or written by any Expert, including any
biographical information, qualifications, or other information spoken by any
Expert or contained in or made available on the Expert Platform, any Site, any
blog or any other forum.
3. MEMBER ACKNOWLEDGES AND AGREES
THAT THE SITES AND EXPERT PLATFORM ARE PROVIDED "AS IS", AND
THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST SITE PROVIDER, ITS
AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE,
THE EXPERT PLATFORM OR ANY EXPERT. THE USE OF A SITE AND THE EXPERT PLATFORM IS
AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, SITE PROVIDER
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY
4. Site Provider expressly
disclaims all representations and warranties related to information posted or
transmitted by Experts. If a Member decides to rely on information provided by
an Expert, Member must exercise a high level of care. The Member shall not have
any claim or demand against Site Provider, its affiliates, and/or any of the
foregoing's officers, directors, shareholders, employees, sub-contractors
and/or agents with respect to any service or advice Member receives, uses
and/or relies on. Site Provider will not be deemed the provider of any Expert's
services or other information acquired through the Expert Platform or the
sites. The purchase of the services of any Expert is entirely at the Member's
5. Site Provider does not assume,
and will not be liable for: (1) the accuracy or availability of any site or the
Expert Platform; or (2) any damages or injury arising from or related to any
Site, the Expert Platform and/or any opinion, response, advice, prediction,
recommendation, information and/or other service provided or not provided by
Member Affirmation, Conduct and
By submitting the Member
registration form, you, the Member, represent, warrant and agree to the
1. You are at least 18 years of
age or a legally organized entity, and that you are authorized to submit a
Member registration, or that you are authorized to represent the person who is
submitting a Member registration, and that you are authorized to sign the
Member registration form on behalf of yourself or on behalf of the person that
you represent and bind him or her.
2. The information furnished by
you in the registration form is accurate, true, current and complete, and you
will maintain and update such information during the term of this Agreement so
that it will remain accurate, true, current and complete.
3. You are solely and fully liable
for all conduct, postings and transmissions that are made under your user name
4. You are solely responsible for
verifying the Expert's identity, qualifications, credentials, biographic
information, licenses held and other information.
5. Site Provider is not involved
in any transactions between you and any Expert.
6. Site Provider takes no
responsibility for verifying the identity, qualifications, credentials,
biographic information, licensure, and/or any other information regarding any
of the Experts.
7. Site Provider does not control
the quality, relevance or accuracy of any advice provided by an Expert, and
Site Provider does not determine whether any Expert is qualified to provide any
specific advice, whether an Expert is categorized correctly or in the most
appropriate category to provide the advice sought by a Member, or whether any
postings on the Expert Platform or a Site or any transmissions through the
foregoing by a Member or an Expert is accurate, correct, relevant or
8. You hereby grant Site Provider
an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy,
transmit, distribute, publicly display, publicly perform, create derivative
works based on, on a world-wide basis, any information or content that you
post, transmit, deliver or receive via the Expert Platform, a Site or otherwise
from or to an Expert.
9. All interactions between you
and an Expert will be billed through the Expert Platform membership plan in
effect that you choose, regardless if the interaction is online or offline. You
agree to abide by the pricing terms agreed upon in the Membership Plan with an
Expert while using the Sites and to pay to Site Provider all fees for services
rendered to you by Experts.
10. Member will not take any actions that may undermine, disrupt or
manipulate the integrity of the Member feedback (rating) system on any Site.
Site Provider also reserves the right to exclude without explanation any rating
that we think may compromise the integrity of the Member feedback system.
11. Member will not interfere with or disrupt, or attempt to interfere
with or disrupt, any Site Provider servers, networks or equipment connected to
12. Member will not transmit, upload, email, post or otherwise make
available through the Service or any Site: (A) any "junk mail",
"spam", or any other types of unsolicited email or bulletin board
postings; or (B) any unlawful, harassing, libelous, privacy invading, abusive,
threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise
objectionable material of any kind.
13. Member will not disobey or breach this Agreement or any other
applicable agreements or instructions conveyed by Site Provider.
14. Member will not violate any applicable local, state, national or
international law, statute, ordinance, rule, regulation or ethical code.
15. Member will not transmit, upload, email, post or otherwise make
available: (A) any information or material that infringes upon a third party
right, especially intellectual property rights; (B) any third party
advertisements, including banner exchange services; (C) any software viruses,
Trojan horses, worms or any other malicious application or code; or (D) any
information or material which may constitute or encourage conduct that is a
criminal offense or civil wrong or otherwise violates any applicable law.
16. Site Provider enables the transfer of files between Members and
Experts. When opening such file attachments received from Experts it is the
Member's responsibility to scan them with an anti-virus software application
prior to opening them.
17. Member will not impersonate any person or entity, or make any
false statement regarding his or her employment, agency or affiliation with any
person or entity.
18. Member will not stalk, threaten or harass any Expert or Member or
infringe upon or attempt to infringe upon their privacy.
19. Site Provider may elect, but is not required, to review the
Member's personal profile and amend any typing or spelling errors. Site
Provider does not examine the validity or accuracy of the details in the
Member's personal profile or in any of the Member's postings or transmissions.
Without derogating from the above or any other term of this Agreement, Site
Provider may, in its absolute discretion, refuse to post, transmit or remove
any content uploaded by the Member and/or remove any content violating this
Agreement. The Member will bear all the risks associated with the uploading and
transmitting of material while utilizing a Site and/or Site Provider's
services, including reliance on its accuracy, reliability or legality.
Fees and Payment
1. Member shall ensure that all
Paytm, cash or credit card and payment information presented by Member is
accurate and correct and kept updated at all times and that Member is fully
authorized to use such credit card and payment information for purposes of
paying for services made available via the Expert Platform.
2. Member is solely responsible
for paying all fees incurred for the use of the Expert Platform, including each
Transaction under the Member's account. See also User Name and Password. Member
shall also be responsible to reimburse Site Provider for any expenses incurred
by Site Provider to collect fees, including but not limited to any fees
resulting from incorrect credit card information or fees incurred under a
Member's account disputed in violation of this Agreement.
3. Member is obligated to report
to Site Provider in cases when he or she was billed directly by an Expert (i.e.
not through Site Provider). Such report should include a description of the
service that was rendered by the Expert and the price charged.
4. While Members are solely
responsible and liable for all uses of the Expert Platform (including, but not
limited to, the selection of Experts, communications with Experts and fee
arrangements with Experts), and while Members assume the risk that any
communications with an Expert may or may not address a Member's questions or
otherwise be satisfactory, relevant or acceptable to the Member, in certain
limited circumstances Site Provider may elect to refund a payment made by a
Member for a communication session with an Expert.
User Name and Password
1. When you, the Member, create
and open an account with Site Provider, you will be asked to provide a user
name and password. You are entirely responsible for maintaining the
confidentiality of your password and user name and any other security
information related to your account.
2. You will be fully responsible
for all activities that occur under your account, user name and/or password.
You may not use the account, username or password of someone else at any time.
3. You will immediately notify
Site Provider of any unauthorized use of Member's password, user name, e-mail,
or any other breach of security. Site Provider encourages Member to change
their password at least once a month.
4. Site Provider will not be
liable for any loss that you incur as a result of someone else using your
account or your password, either with or without your knowledge. Site Provider
will hold you liable and responsible for any losses incurred by Site Provider
due to someone else's use of your account or password.
1. The Sites may contain links or
other content related to web sites, products and/or services offered by third
parties. Site Provider has no control over any such links, content, web sites,
products or services or any information provided or transmitted via such links,
web sites, products or services, or otherwise provided by any such third party.
2. The Member acknowledges and
agrees that Site Provider is not responsible for the availability of such third
party links, content, web sites, products or services and will not be
responsible or liable for any content, advertising, products or other materials
contained therein or the business practices or privacy practices related
3. The Member warrants and agrees
that Site Provider will 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 link, web site, content, product and/or
4. te Provider encourages the
Member to, at a minimum, be aware when he or she leaves a Site and to review
the privacy practices related to third party sites.
Modifications and Termination
1. Site Provider reserves the
right to modify or discontinue, temporarily or permanently, any service in or
on the Sites, with or without notice to Member. Member agrees that Site
Provider shall not be liable to Member or to any third party for any
modification or discontinuance of any service offered by Site Provider, or for
any losses or damages that may result to Member or any third party from such
discontinuation or interruption of service.
2. Site Provider's services depend
on various factors such as software, hardware and communications networks of
Site Provider, its contractors and suppliers. Site Provider does not guarantee
that Site Provider's service will be uninterrupted or that it will be timely,
secure or error-free.
3. Site Provider, in its sole discretion
and for any reason, may terminate Member's participation in the services and
refuse any and all current or future use by Member of the Sites.
Site Provider Intellectual
1. The Sites contain copyrighted
material, trade secrets and proprietary information owned by Site Provider or
its licensors. This Agreement does not grant to the Member any rights to
patents, copyrights, trade secrets, trade names, trademarks (whether registered
or unregistered), domain names or any other rights, functions or licenses in
respect of the Sites or any material or information appearing on the Sites or
any services offered by Site Provider. The Member may not create any derivative
work or technology based upon any trade secret, intellectual property, confidential
or proprietary information of Site Provider or its licensors. Furthermore, the
Member may not sub-license, assign, transfer, sell or make any other commercial
use of his or her membership in the Sites.
2. The Member may not adapt or use
any trademark, service mark, trade name, logo or domain name similar to or
likely to be confused with those of Site Provider or its licensors, or take any
other action that infringes upon or impairs Site Provider's trademark or other
intellectual property rights.
3. Site Provider or its suppliers
are the sole owners of all intellectual property, and in particular the
copyright, trademarks, database and patents, in the Sites and in any software,
application, graphics, text and other materials used therein, including the
organization and selection of the materials contained therein. In addition,
except as otherwise expressly set forth or provided in this Agreement, Site
Provider or its suppliers shall retain all ownership rights in and to all
content displayed on the Sites, including copies of data transferred or
received by Member through the Sites. This section shall survive expiration or
termination of this Agreement.
1. Site Provider respects the
intellectual property of others, and we ask our users to do the same.
2. Site Provider may, in
appropriate circumstances and at its discretion, terminate the account or
access of users who infringe the intellectual property rights of others.
3. If you believe that your work
has been copied in a way that constitutes copyright infringement, please
provide Site Provider's Copyright Agent the following information:
a. an electronic or physical
signature of the person authorized to act on behalf of the owner of the
b. a description of the
copyrighted work that you claim has been infringed, including the URL (web page
address) of the location where the copyrighted work exists or a copy of the
c. a description of where the
material that you claim is infringing is located on the Site, including the
d. your address, telephone number,
and email address;
e. a statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
f. a statement by you, made under
penalty of perjury, that the above information in your Notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
Site Provider grants Member a
limited, nonexclusive, revocable right to use the Sites provided that Member
does not copy, modify, create a derivative work of, reverse engineer or
otherwise attempt to discover any source code thereof, and provided further
that you remain fully compliant with all terms and conditions of this Agreement
and all other policies referenced herein or otherwise made available on the
You may report any violation of this Agreement to the KayaWell