TERMS OF USE
Lath Law
Terms of Use 020426
Welcome to Durga Menon's Psychotherapy Private Practice (www.ecofriendlytherapist.com). Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any concerns regarding these terms or the Services, please contact us at psychotherapywithdurga@gmail.com.
These Terms of Use (the “Terms”) are a binding contract between you and Durga Menon's Psychotherapy Private Practice (“[DM Psychotherapy],” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the Privacy Policy and any other relevant policies . Your use of or participation in the Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about limitations of liability, confidentiality, and a disclaimer regarding medical advice.
Please note that your use of and access to our services are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.
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Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.ecofriendlytherapist.com, send you an email, and/or notify you by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
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What about my privacy and confidentiality?
DM Psychotherapy takes the privacy of its users very seriously. For the current DM Psychotherapy Privacy Policy, please click here.
Children’s privacy
Our Services are intended solely for individuals who are at least 18 years of age. The Services are not directed to, and must not be used by or on behalf of, minors. You must not provide any information relating to a minor or a child, including your own child, through the Services.
If we learn we have collected personal information from a child/minor, we will delete that information as quickly as possible. If you believe that a minor may have provided us personal information, please contact us at psychotherapywithdurga@gmail.com.
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What are the basics of using our Services?
You may be required to sign up for an account, select a password and user name (“User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.
You will not share your User ID, account or password with anyone, and you must protect the security of your User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your User ID and account.
THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST HOSPITAL.
No Medical Advice; Not for Emergencies
DM Psychotherapy does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational and communicative purposes only. The Services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy or other healthcare advice by DM Psychotherapy.
The Services are not meant to diagnose or treat any conditions – only your doctor can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. Reliance on any information provided by DM Psychotherapy or in connection with the Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services.
You acknowledge that the provision of Content does not create a medical professional/patient relationship between you and DM Psychotherapy or between you and any other individual or entity, and does not constitute an opinion, medical advice, or diagnosis or treatment.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that DM Psychotherapy sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want DM Psychotherapy to send you information that we think may be of interest to you, which may include DM Psychotherapy using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from DM Psychotherapy, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from DM Psychotherapy.
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Are there restrictions in how I can use the Services?
Currently, this Services Site do not offer interactive features for users to post or upload content via messages, reviews, forums or blogs. If such features are added in the future, users will be solely responsible for any content they submit.
As a rule, users are not permitted to host, display, upload, modify, publish, transmit, update or share any information whether on or through the Services that:
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belongs to another person and to which they do not have any proprietary right;
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is obscene, pornographic, paedophilic, invasive of privacy (including bodily privacy), insulting or harassing based on gender, racially or ethnically offensive;
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promotes money laundering, gambling, or is otherwise unlawful;
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incites violence between religious or caste groups;
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harms minors in any way;
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infringes any patent, trademark, copyright or other proprietary rights;
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deceives or misleads the addressee about the origin of messages or communicates any information which is grossly offensive or intentionally false;
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impersonates another person;
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contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
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is in the nature of an unlawful online game or a promotion of such game;
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violates any law for the time being in force.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, trademarks, logos, summaries, questions, reports, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, create derivative works or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s DM Psychotherapy's rights.
For avoidance of doubt, DM Psychotherapy retains all rights, title and interest in and to the Services and Content, including the structure, format, questionnaires, prompts and prompt chains, and any outputs, reports, summaries, or insights generated by or through the Services, whether or not such Content incorporates or is derived from users’ responses, and all intellectual property rights therein shall vest in DM Psychotherapy.
You grant to DM Psychotherapy and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, transmit, display and distribute and/or adapt, any material you transmit to us, or upload to, distribute through or post on or through the Services, in whole or in part, alone or in combination with other material, in any and all media.
Notwithstanding anything contained in these Terms, to the extent you shares ideas, suggestions, or feedback, in any manner and by any means, either voluntarily to DM Psychotherapy.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that DM Psychotherapy owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.
Who is responsible for what I see and do on the Services?
We do not control and have no obligation to take any action regarding how you interpret any conversation or interaction you have on our Services or any actions you may take as a result of such interactions. You acknowledge that any such conversations are for informational purposes only. To the fullest extent permitted by applicable law, you agree that your use of, and reliance on, such conversations is at your own risk, and you release DM Psychotherapy from any and all liability arising out of or related to your interaction in relation to the Services. We welcome your feedback—please feel free to contact us at psychotherapywithdurga@gmail.com.
You are responsible for all your actions, in any manner, on the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by DM Psychotherapy. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that DM Psychotherapy is not responsible for such risks.
DM Psychotherapy has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party including your doctor or hospital that you interact with. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
If there is a dispute between you and any third party, you agree that DM Psychotherapy is under no obligation to become involved. In the event that you have a dispute with your doctor or hospital, you release DM Psychotherapy, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Will we ever change our Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I want to stop using the Services?
You’re free to do that at any time by contacting us at psychotherapywithdurga@gmail.com please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
DM Psychotherapy is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. DM Psychotherapy has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
Does the Service cost anything?
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Pricing and payments
Prices of our Services are displayed in Indian rupees. Applicable taxes and delivery fees will be in addition and will be shown to you in your cart. Appointments are confirmed only upon full payment.
DM Psychotherapy reserves the right to change prices, correct any errors, inaccuracies or omissions which may relate to Service descriptions, pricing, offers and availability.
The Site uses the services of a third party payment processing provider for processing payments made through the Site. Your use of the payment processing provider(s) will be subject to you adhering to the terms and conditions of use prescribed by the payment processing provider(s), over which DM Psychotherapy has no control. You acknowledge and understand that the payment processing provider / gateway services made available through the Site are owned, controlled and provided by the payment processing provider(s) / gateway and hence, DM Psychotherapy does not warrant and is in no way liable for the timeliness of such services and the handover of payments through such services.
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Cancellations / refunds
We reserve the right to cancel your appointment due to reasons that include harming the therapist, coming into sessions intoxicated or committing any form of sexual harassment. In such cases, we will inform you of cancelation of your session and will offer you a refund.
For queries please contact psychotherapywithdurga@gmail.com.
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No dark patterns
We hereby confirm and declare that we our Services are free from any Dark Pattern(s) (as defined under the Guidelines for the Prevention and Regulation of Dark Patterns, 2025), and that we are not indulging in any Dark Pattern(s) as defined under law.
What else do I need to know?
Warranty Disclaimer. Although we strive to provide the Services smoothly, you agree to use it and rely on its content at your own risk. To the fullest extent allowed by applicable law, the services and content are provided by DM Psychotherapy (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
Limitation of Liability. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall any of the [short name] parties be liable to you or to any other person for (a) any indirect, special, incidental, punitive or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction. Without limiting the foregoing, DM Psychotherapy parties shall not be responsible for the accuracy, completeness, or reliability of any information provided through the Services, or for any decisions made by you or your doctor based on such information. (b) any substitute goods, services or technology, or (c) any matter beyond our reasonable control.
In no event shall DM Psychotherapy total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, to DM Psychotherapy.
Indemnity. You agree to indemnify and hold the DM Psychotherapy Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without DM Psychotherapy prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Governing law. These Terms shall be governed by and constructed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts at Courts of Kerala.
Disputes. In case any dispute cannot be resolved amicably at the first instance, the dispute shall be referred to a sole Arbitrator appointed by DM Psychotherapy. The arbitration will be governed by the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be at Courts of Kerala and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
Other terms. If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms of Use shall continue to be in full force and effect.
Nothing contained in this Agreement shall be construed as creating any employment, agency, partnership, or other form of joint enterprise between you and DM Psychotherapy.
This Agreement applies to your interaction with us on Instagram, WhatsApp and other platforms.
Who can I contact for grievances?
If you have any questions or grievances regarding the Services, or its contents, you may reach out to us at psychotherapywithdurga@gmail.com
