Terms of Service – Pep App

This Terms of Service (“ToS”) forms a binding and valid contract between You- the user of our services and Roldantz Mind Health Pvt Ltd – Pep. You are requested to carefully read through and understand this document before using our website/application -Pep or its services. If you do not agree to any of the terms and conditions mentioned hereinafter in this ToS, you shall not use any of the services that we offer. Clicking the “I Agree” button and subsequent use of our services shall be deemed as your unconditional acceptance of this ToS and its terms.

Introduction
1. The website www.thepepapp.com (Website) and the mobile application PEP (App) are owned/ used under license by Roldantz Mind Health Private Limited having its registered office at XVI/ 231, Kizhakkayil Buildings, Vazhemadam, Pala, Kerala 686575. Any reference of “Website”, “Pep”, “We”, “Us” or “Our” shall mean and refer to Roldantz Mind Health Private Limited and Pep. The terms “You”, “User”, shall mean any individual, natural or legal person accessing Pep and/or using the services provided.
2. All terms and conditions, Privacy Policy, on this Website/App are considered as a part of the terms and conditions of use unless expressly excluded. Accessing our services in whatsoever manner constitutes your use of Pep and your unconditional consent and agreement to be bound by this ToS. Pep may modify the terms and conditions from time to time and shall provide you with a prior notice, if you are a registered member. You are advised to periodically check for any updates or changes in the ToS. If these terms and conditions are not acceptable in full, you must immediately terminate your use of Pep and continued use shall be deemed as your acceptance of the new changes.
3. Taking into consideration of the prevailing circumstances and social distancing, Pep endeavours to bring you online psychological counselling, mentoring etc at the convenience of your own home. Pep provides an online platform which brings together and connects numerous psychologists and counsellors with people who require their services.
Account
1. You are required to register and maintain your account with us to use our services. If you are a first-time user, it is mandatory that you have to undergo a registration process and create an account with us. You are also required to key in your personal details such as your full name, address, age, gender, payment details etc., for registration. For the purpose of registration, you may be required to provide details including personal information regarding yourself however, you may also use an additional nickname to keep your identity confidential during sessions as only your nickname will be displayed. You shall, subject to what is stated in previous sentence, provide true and accurate information for the purpose of registration and shall not provide any false or misleading information. You shall not use the identity/information of any other person other than yourself without consent of the concerned person. We validly assume that all information provided by you is authentic. We may block your access to our services, if we, at our sole discretion suspect that any of the information you have provided are false or inaccurate. We do not share your data and use it only for registration purpose. Please refer to our Privacy Policy to know more about our collection and use of your data.
2. For registration purpose, it is mandatory that you are a person competent to enter into a valid contract as per the Indian Contract Act, 1872. On registration we validly assume that you are a person of 18 years or above, is of a sound mind and not an undischarged insolvent person. However, you may register on behalf of a minor. We further assume that you have read and accepted this ToS prior to creating an account with us.
3. On creating an account, you shall be provided with/ you may create a username and password in compliance with the instructions provided. It is your duty to keep your password in safe custody and not to share the same with anyone. We shall not be responsible in case a third party misuses your account using your username and password.
4. Currently there is no registration fee and creating your account with us is free. However, we may introduce registration fee in the future and shall update the changes here.
Counselling Sessions
1. Pep provides virtual online sessions for counselling, mentoring and such other services as detailed in our App and Website through your mobile phone/ computer at the comfort of your own home or at any locations. Online counselling shall be through video sessions and/or audio only sessions. Pep is merely a platform which facilitates various psychologists registered with us (“Providers”) to provide counselling, mentoring and various other sessions to you virtually. We take utmost care and responsibility to ensure only legitimate Providers register with us, however we are only a platform which connects you with a Provider and hence cannot be liable for views, counselling methodology and any errors of the Provider(s).
2. Upon payment of the requisite fee, you can select the Provider from the available list and book an appointment at your convenient times within the time slots made available by the Provider. Your appointment is fixed only when the selected Provider accepts your booking. Alternatively, if no time slot is available or the available ones are not convenient for you, you may click on the option “Request Bookingif NO Consultation Time is mentioned”
3. Virtual counselling sessions shall be mainly conducted through video or audio sessions, using your device where Pep is installed or accessed (android/apple mobile phones/tablets or your computers/laptop having windows or MacOS installed). You shall ensure general etiquettes be followed during the virtual counselling session and be presentable during the video session. For the sake of your privacy, we urge you to participate in the session in a closed room or anywhere private which is comfortable to you. We shall not be held responsible if a third party at your end overhears and/or records the session.
4. You are not permitted to record or store recordings of your counselling sessions under any circumstances. We do not record your sessions under any circumstances and as per our policy, the Provider is not permitted to record any session.
Payment
1. You can avail virtual consultation through Pep only after you remit the required fee. Our fees and rates per session can be viewed here. The rates are subject to change and you are requested to confirm the rates prior to making appointment. The rates mentioned shall be exclusive of taxes and you shall be liable for payment of relevant taxes and GST as applicable.
2. We currently utilise third party payment aggregator “[name]” for online payments. You may use the service for making payments online through your mobile or computer systems. On using payment service, you shall be bound by the terms and conditions of our payment aggregator partner. For all transaction related errors, including but not limited to amount wrongly debited, please contact your bank or the payment aggregator directly. We shall not be liable for any payment transaction related issues. We do not store your bank, card or any transaction details. For details on how the payment aggregator uses or stores such information, please read their terms and privacy policy here
Refunds
1. There may be occasions when your sessions might be cancelled after remitting the requisite fee. For any cancellation or if you are unable to attend a session due to an issue from your end, viz., your absence/ inconvenience, issues with your internet connection or your device etc., refunds shall not be entertained under any circumstances. However, you may reschedule your session atleast 01 hour prior. For cancellation due to issues from our end, i.e non availability of a Provider or downtime of our servers, we shall at our sole discretion either reschedule your session to another convenient date/time or initiate a refund. If we terminate your accounts for reasons not attributable to you after you had remitted the fee but before commencement of your session, we shall initiate a refund of your fee.
Intellectual Property Rights
1. All Intellectual Property Rights in the Pep, the Website and its source code including modifications and customisations, if any, belongs to Roldantz Mind Health Private Limited and/or its developers. Any and all marks, contents, trademarks, logos, user interface design, and service marks displayed on Pep and the Website are registered and unregistered Intellectual Property Rights of Roldantz Mind Health Private Limited and/or third parties who have authorized their use (“IP”) and you shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these IP in any way. In the event of any violation of our intellectual property rights or that of our third-party affiliates, the same shall be viewed seriously and we reserve our discretion to initiate appropriate legal action including criminal prosecution.
User representations

When using the services provided by us, you hereby unconditionally acknowledge and accepts as follows:
1. Pep and the Website merely provides a platform to connect you with the Provider(s) and we are not responsible or liable for any actions omissions or the quality of the service provided by the Provider(s). As a responsible body corporate, we endeavour to bring you the best Provider(s) by scrutinizing their resumés and work experience, however, we cannot guarantee the level of service of an individual Provider. If you have any complaints or suggestions against your Provider, please write to us at Connec[email protected] and we shall try our best to resolve the issues.
2. You shall maintain and follow the general etiquettes and manners during a counselling session including but not limited to dressing appropriately during video sessions. You shall not do any action(s) with the intension to insult, threaten, harass, or harm the Provider and shall refrain from using comments which are false, defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane or sexually oriented during counselling sessions.
3. You shall not record your sessions under any circumstances.
4. You shall not use your account on behalf of a third party other than a minor . You shall use Pep and the Website only for legal and legitimate purposes and in compliance with this ToS and that the services provided by Pep shall be used only for such purposes as contemplated in this ToS. it is validly assumed that personal details and other details provide by you are out of your free consent and knowledge.
5. You are solely responsible for your use of Pep and any activities you may conduct through Pep.
6. You shall not attempt or facilitate a third party to gain unauthorised access to Pep or the Website or our servers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; interfere with, or disrupt, the access of any our users or other registered customers/clients, including, without limitation, sending a virus, malicious code, overloading, flooding, spamming, the services, or by scripting the creation of any transmitted content in such a manner as to interfere with or create an undue burden on the services; decompile, decrypt, reverse engineer, disassemble or otherwise reduce our software to human-readable form.
7. You shall not use Website or the Pep app in any manner that could possibly damage, disable, overburden, or impair the Website or Pep app.
Warranties and Disclaimers
1. EXCEPT AS PROVIDED AND STATED IN THIS ToS, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVES AND DISCLAIMS ANY AND ALL IMPLIED CLAIMS, WARRANTIES AND REPRESENTATIONS OF SERVICES, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WITH RESPECT TO PEP AND THE SERVICE WE PROVIDE.
2. As stated previously, Pep is only a platform to facilitate online counselling sessions. The Providers are independent practitioners in their own rights and are not employees of Pep or Roldantz Mind Health Private Limited and we shall not be responsible for the actions, omissions or the quality of service provided by the Providers.
3. We shall not be liable for any default or interruption in services attributable to events beyond our reasonable control. Such events (the “Force Majeure Events”) shall include acts of God, fires, floods, earthquakes, explosions, accidents, unusually severe weather conditions, epidemics, pandemics, lockdowns, quarantine restrictions, embargoes, wars, riots, labour disputes, strikes, governmental requirements, unfavourable change in legal requirements, hacking, server mal-functioning and any other events which we do not have any control of.
4. We shall not be liable for the quality and connectivity issues including but not limited to video/audio quality, accessibility of Pep/Website if the same is affected by the quality of your internet connection, quality of your device, downtime of our servers, etc.
Third Party Service Providers
1. We may utilise the service of various third-party service providers in bringing you various facilities on Pep, such as payment aggregators, server hosting, etc. While availing such facilities, you hereby agree to be bound by the relevant terms and conditions of such third-party service provides whose services we utilise. You further acknowledge that we shall not be responsible in any manner for any deficiency of services or lapses on part of such third-party service providers.
2. Below are the list of third party service providers used by us:
  1. Razorpay (www.razorpay.com) as payment aggregator.
  2. SDKs of Xirsys Server for video and audio transfer (https://xirsys.com)
  3. SDKs of Frozenmountain Icelink and Weblink for achieving video transfer (https://www.frozenmountain.com/)
  4. Microsoft Azure cloud platform for hosting PEP and storing data (https://azure.microsoft.com/en-in/support/legal/subscription-agreement/?cdn=disable#:~:text=You%20may%20use%20Microsoft%20Azure,3)%20the%20third%20party%20has)
  5. IPstack service for identifying user location (country) (https://ipstack.com)
  6. 2factor for OTP authentication (https://2factor.in)
Indemnification
1. You hereby agree to indemnify, defend, and hold Roldantz Mind Health Private Limited and our affiliates, directors, officers, employees, technology vendors and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to the use of our services and for your violation of any of the provisions of this ToS, or from your placement or transmission of any materials or content onto our (or our service provider’s) servers in violation of the provisions contained in this ToS.
Limitation of Liability
1. We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, even if we were advised of their possibility.
2. It is hereby made clear that our total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with Pep, the Website and its services and any other agreement with you relating to the services or based on any claim for indemnity or contribution shall not exceed the fee that you had paid just prior to the claim.

Suspension and Termination of your Account
1. You hereby acknowledge and understand that we reserve the rights to terminate your accounts at any time without assigning any reasons.
2. We may suspend or terminate your account if we believe you have violated any terms of this ToS. In case of suspension, your account shall be disabled temporarily until we determine that you have rectified your actions leading to suspension.
3. If you wish to terminate your account, you may uninstall the Pep from your device and write to us at [email protected] informing your decision. Mere deletion of Pep from your device will not immediately terminate your account as your credentials will be stored in our server for a period of 12 months in case you wish to reinstall at a later point of time.
4. Notwithstanding anything contained anywhere else in this ToS, and notwithstanding and in addition to other remedies available, we reserve our rights to initiate legal actions against you including but not limited to initiating criminal actions where applicable and claim damages in case you violate the terms of this ToS.
Communication with Users
1. Pep shall have the right to communicate with You the Users of the Website or mobile App, and you hereby unconditionally agrees to receive messages from Pep from time to time in relation to any changes or in relation to the Appointments fixed by you irrespective of whether you have registered under Do Not Disturb/Call under TRAI regulations. Any promotional emails or communications by Prep shall not be considered as unsolicited communications.
Disputes & Jurisdiction
1. Any dispute, differences or controversy of whatever nature howsoever arising under or out of or in relation to this ToS (including its interpretation) shall, in the first instance be attempted to be resolved amicably by conciliation, and if not resolved by conciliation shall be finally decided by reference to arbitration subject to the provisions of the Arbitration and Conciliation Act, 1996. The sole Arbitrator shall be appointed by Hospital. The venue of such Arbitration shall be HQ of Roldantz Mind health Pvt Ltd, Kochi, Kerala, India and language of Arbitration shall be English. The Arbitrator shall make a reasoned award (the “Award”) and such award shall be final and binding on the Parties.
2. This ToS shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory and injunctive relief, this Agreement and any dispute arising out of this Agreement shall be subject to jurisdiction of Ernakulam, Kerala, India. The Courts in Ernakulam, Kerala, India will have the exclusive jurisdiction to govern the provisions of this ToS.

Terms of Service - Pep App