1. Terms and Conditions
- The following are the terms and conditions (the “Agreement”) for the access and use of any person (“User,” “Client,” or “You”) of our online platform through which advice, counseling, professional advice, and any other information may be provided (collectively referred to as the “Platform”). The Platform may be provided or be accessible via multiple websites, devices, applications, platforms, and other means, whether owned and/or operated by us or by third parties, including, without limitation, the sanarai.com website.
- Without derogating from the foregoing, the Platform may be used, among others, to facilitate (a) personal advice and information provided specifically to the User, and (b) general information and content that is publicly available and not provided to the User personally.
- By accessing or using the Platform, or by clicking a button or checking a box indicating that you have read and agree to the terms of use, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If the User does not agree to be bound to any terms of this Agreement, the User must not access the Platform.
- When the terms “We,” “Us,” “Our,” or similar terms are used in this Agreement, they refer to any company that owns and operates the Platform (the Company), its affiliated companies, and the shareholders, officers, employees, consultants, contractors, subcontractors, agents, advisors, and successors of the aforementioned companies.
2. The Providers and Emotional Support Services
- The Platform allows the User to communicate with a provider, therapist, consultant, professional, expert, coach, advisor, or any other person (collectively referred to as “Provider”) for the purpose of obtaining advice, information, or any other support, benefit or service (collectively “Emotional Support Services”).
- The Providers are neither Our employees nor Our agents or representatives. In addition, we do not assume any responsibility for any act, omission, or use, of any Provider.
- We make no representations or warranties as to a Provider’s willingness or ability to give advice.
- We do not make any representations or warranties as to whether the User will find the Emotional Support Services relevant, useful, correct, satisfactory, or suitable for the User’s needs.
- We do not control the quality of Provider services and do not determine whether any provider is qualified to provide any specific service or whether a provider is properly categorized or properly matched with the User.
- The User’s relationship with the Emotional Support Services is strictly with the Provider. We are not involved in any way with the actual content of that relationship or any part of the Emotional Support Services (whether provided through the Platform or not), and We do not endorse or participate in any of the Emotional Support Services.
- In the event that the User makes a payment through the Platform or makes any payment to Us, this payment is made to the Provider of the Emotional Support Services. We may charge the advisor by taking a portion of this payment for the use and operation of the Platform (“Platform Usage Fees.”) However, We will not be considered as providing any services or guidance regardless of payment. Furthermore, payment for the use of the Platform is made by the Provider, not by the User.
3. Use of the Platform
- The User agrees, confirms, and acknowledges that although the Provider may provide the Emotional Support Services through the Platform, we cannot assess whether the use of the Provider, the Emotional Support Services, or the Platform is correct and suitable for the User’s needs. THE PLATFORM DOES NOT INCLUDE THE PROVISION OF MEDICAL SERVICES, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES PROVIDED BY US. As operators of the Platform, our role is strictly limited to facilitating communication between the User and the Provider and enabling the provision of Emotional Support Services. It is up to the User to consider and decide if these services are appropriate for you or not.
- The User agrees, confirms, and acknowledges that you are aware of the fact that the Emotional Support Services are not a complete substitute for a face-to-face examination and/or session conducted by a licensed qualified professional. The User should never rely on or make health or wellness decisions based primarily on information provided as part of the Counseling Services, In addition, we strongly recommend that the User consider seeking advice by making an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay obtaining medical advice from your physician or other qualified health care advisor, for an in-person appointment, because of information or advice received through the Platform.
- THE PLATFORM IS NOT INTENDED TO MAKE DIAGNOSES, INCLUDING INFORMATION REGARDING WHICH MEDICATIONS OR TREATMENTS MAY BE APPROPRIATE FOR THE USER, AND THE USER SHOULD DISREGARD ANY RECOMMENDATION OF THIS TYPE IF SUCH IS MADE BY THE PLATFORM.
- The User is advised to exercise a high level of care and caution in their use of the Platform and its Emotional Support Services.
- IF YOU ARE THINKING ABOUT SUICIDE OR ARE CONSIDERING TAKING ACTION THAT MAY CAUSE HARM TO YOU OR OTHERS OR IF YOU FEEL THAT YOU OR ANYONE ELSE MAY BE IN ANY DANGER OR IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE USA) AND NOTIFY THE RESPECTIVE AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE. YOU ACKNOWLEDGE, CONFIRM, AND AGREE THAT THE PLATFORM IS NOT INTENDED FOR USE IN ANY OF THE ABOVE CASES AND THAT YOU SHOULD NOT USE THE PLATFORM IN ANY OF THE ABOVE CASES.
- The Platform may contain other content, products, or services that are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including without limitation links to other websites), or advertisements related to Third Party Content. The User confirms and acknowledges that We have no responsibility or liability for such Third Party Content, including (but not limited to) related products, practices, terms, or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
- BY AGREEING TO THIS AGREEMENT YOU ARE ALSO ACCEPTING THE TERMS OF THE PLATFORM PRIVACY NOTICE AVAILABLE AT THE BOTTOM OF ALL PAGES OF THE SANARAI WEBSITE. THE PRIVACY NOTICE IS INCORPORATED INTO AND DEEMED PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY WITH RESPECT TO CHANGES AND REVISIONS TO THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS TO THE PRIVACY NOTICE.
4. Disclaimer of Warranty
- THE USER HEREBY RELEASES AND AGREES TO RELEASE US FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE ARISING OUT OF THE EMOTIONAL SUPPORT SERVICES OF THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, REPLY, INFORMATION, AND/OR SERVICE FROM ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING A LICENSE AND/OR CERTIFICATION, TO WHOM MAY BE ACCESSED THROUGH THE PLATFORM.
- THE USER AGREES, CONFIRMS, AND ACKNOWLEDGES THAT WE DO NOT REVIEW, RECOMMEND, APPROVE, EVALUATE, OR PROVIDE ANY WARRANTY, REPRESENTATION, OR GUARANTEE, AND SPECIFICALLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO (A) ANY PROVIDER; (B) ANY INFORMATION ABOUT ANY PROVIDER INCLUDING, WITHOUT LIMITATION, ANY QUALIFICATIONS, EXPERIENCE, CLAIMS OR BACKGROUND OF ANY PROVIDER; (C) THE PROVIDER’S SERVICES (WHETHER THROUGH THE PLATFORM OR NOT), INCLUDING WITHOUT LIMITATION ANY OPINION, ANSWER, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A PROVIDER; (D) THE CONTENT AND SUBSTANCE THAT ARE PART OF THE PROVIDER’S SERVICES; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON OR THROUGH THE PLATFORM; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SECURITY, LEGALITY, PRIVACY, QUALITY, OR APPLICABILITY OR THE PROVIDER’S PLATFORM AND SERVICES.
- THE USER AGREES, CONFIRMS, AND ACKNOWLEDGES THAT THE PLATFORM IS PROVIDED “AS IS” AND THEREFORE THE USER WILL NOT HAVE ANY CLAIM OR SUIT AGAINST US. THE USER’S USE OF THE PLATFORM IS AT THEIR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY.
- ANY CONSULTATION WITH A PROVIDER THROUGH THE PLATFORM CAN NOT REPLACE A MEETING WITH A PROFESSIONAL. THE USER IS ENCOURAGED TO VERIFY INFORMATION PROVIDED BY PROVIDERS. ANY RELIANCE ON THIS INFORMATION IS AT THE USER’S SOLE RISK AND LIABILITY.
- WE DO NOT ASSUME, AND SHALL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PORTION OF THE PLATFORM; OR (B) ANY DAMAGE OR INJURY ARISING OUT OF OR RELATED TO THE PLATFORM, PROVIDERS, OR EMOTIONAL SUPPORT SERVICES.
- In the event of a dispute relating to any transaction conducted through the Platform, you hereby release us from all actions, claims, or demands and from any loss (direct, indirect, incidental, or consequential), damages, costs, or expenses; including, without limitation, court costs and attorneys’ fees, which you may have against one or more of the foregoing.
5. Limitation of Liability
- THE USER AGREES, CONFIRMS, AND ACKNOWLEDGES THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
- THE USER AGREES, CONFIRMS, AND ACKNOWLEDGES THAT OUR AGGREGATE LIABILITY FOR DAMAGES RESULTING FROM THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3-MONTH PERIOD PRIOR TO THE DATE OF CLAIM.
- WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, AGREEMENT, OR ACTION MADE BY A PROVIDER, RELATING TO THE PROVIDER’S SERVICES OR NOT, IN CONNECTION WITH YOUR PAYMENT FOR THE PROVIDER’S SERVICES OR OTHERWISE. THE USER AGREES, CONFIRMS, AND ACKNOWLEDGES TO INDEMNIFY, DEFEND, AND RELEASE US IN THE EVENT OF ANY CLAIM.
- If applicable law does not allow the limitation of liability set forth above, the limitation will be deemed modified only to the extent necessary to comply with applicable law.
- This section (Limitation of Liability) shall survive the termination or expiration of this Agreement.
6. The User’s Account, Representations, Conduct, and Commitments
- The User hereby confirms that they are at least 18 years of age.
- The User hereby confirms that they are legally capable of entering into a contract.
- The User hereby confirms and agrees that the information they have provided and the information you will provide on the Platform in the future is accurate, true, current, and complete. Furthermore, the User agrees that during the term of this Agreement they will ensure that they maintain and update this information so that it remains accurate, true, current, and complete.
- The User agrees, confirms, and acknowledges that they are responsible for maintaining the confidentiality of the User’s password and any other security information related to your account (collectively “Account Access”). We recommend that you change your password frequently and take great care in protecting it.
- The User agrees to notify Us immediately of any unauthorized use of their Account Access or any other concerns about a breach in the security of the User’s Account.
- The User agrees, confirms, and acknowledges that We will not be liable for any loss or damage incurred as a result of someone else using the User’s account, with or without the User’s consent and/or knowledge.
- The User agrees, confirms, and acknowledges that the User is solely and fully responsible for all activities that occur using their Account Access. In addition, the User acknowledges and agrees that We will hold the User liable for any damage or loss incurred as a result of the use of your Account Access by anyone authorized by you or not, and you agree to indemnify us for any damage or loss.
- The User agrees and commits to not use the account or access the account of any other person for any reason.
- The User agrees and confirms that their use of the Platform including the Emotional Support Services, is for your personal use and that you are not using the Platform or Emotional Support Services for or on behalf of any other person or organization.
- The User agrees and commits to not interfere with or disrupt, or attempt to interfere with or disrupt, any of Our systems, services, servers, networks, or infrastructure, or any of the Platform’s systems, services, servers, networks, or infrastructure, including without limitation by obtaining unauthorized access to the above.
- The User agrees and commits not to use the Platform for the sending or delivery of any of the following: (A) unsolicited email and/or advertising or promotion of goods and services, (B) malicious software or code, (C) illegal harassment, invasions of privacy, and abusive, threatening, vulgar, obscene, racist, or other potentially harmful content, (D) any content that infringes a third party right or intellectual property, (E) any content that may cause harm to a third party, (F) any content that may constitute, cause, or encourage criminal action or violate any applicable law.
- The User agrees and commits not to violate any applicable local, state, national, or international law, statute, ordinance, rule, regulation, or code of ethics in connection with your use of the Platform and your relationship with Providers and Us.
- The User agrees to review and scan any file the user may receive from Us or a Provider, whether through the Platform or not, for any viruses or malware before opening the file.
- The User will indemnify, defend, and hold Us harmless from any claim, loss, cause of action, demand, liability, cost, or expense (including, without limitation, litigation, and reasonable attorneys’ fees and expenses) arising out of or related to any of the following (A) the User’s access to or use of the Platform; (B) any action taken with the User’s account or Account Access; (C) the User’s violation of any provision of this agreement; (D) failure to pay for any services (including Emotional Support Services) that were provided through the Platform; (E) the User’s violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, proprietary, or privacy right. This clause will survive the expiration or termination of this Agreement.
7. Rates and Payment
- The User confirms and agrees that all payment-related information provided by the User, and any payment-related information the User will provide in the future, through the Platform is accurate, current, and correct and will continue to be accurate, current, and correct.
- The User confirms and agrees to only use payment methods (credit cards or others) that you are duly and fully authorized to use.
- The User agrees that all current and future interactions (both online and offline) between you and a Provider will be made, managed, and billed through the Platform.
- If for any reason, an interaction between the User and the Provider does not take place through the Platform, the User agrees that it will be billed through the Platform and that the Platform Usage Fees will be collected and delivered to Us even if the Platform has not been used for this interaction.
- The User agrees and undertakes to notify us immediately, including all relevant details, in any event, that the User will receive a service from a Provider outside of the Platform or in any event that the User is billed by a Provider directly and not through the Platform.
- The User agrees to pay all fees and charges associated with your Account in a timely manner and in accordance with the fee schedule, terms, and rates posted on the Platform. Such fees and charges (including taxes and late fees, as applicable) may be charged to the User’s credit card. By giving Us their credit card, the User authorizes Us to bill and collect from that credit card. The User agrees to maintain valid credit card information in your account information.
8. Modifications, Termination, Interruption, and Alterations to the Platform
- The User agrees, confirms, and acknowledges that We may modify, suspend, discontinue, or alter the Platform, any part of it, or its use, either to all customers or specifically, at any time, with or without notice. The User agrees and acknowledges that We will not be liable for any of the foregoing actions or for loss or damage caused by any foregoing actions.
- For the removal of any doubt, we may terminate or prevent the User’s use of the Platform and any services provided by the Platform (including, without limitation Emotional Support Services) in our sole discretion for any reason and for any period of time.
- The Platform depends on various factors, such as software, hardware, and tools, whether owned or operated by Us and/or owned or operated by our contractors and suppliers. We do not warrant that the Platform will be uninterrupted, secure, consistent, timely, or error-free.
9. Notices
- We may provide notices or other communication to You regarding this Agreement or any aspect of the Platform, by email to the email address we have on file, by regular mail, or by posting online. The date of receipt shall be deemed to be the date such notice was given, Notices sent to us must be delivered by email to the email address info@sanarai.com.
10. Important Notes About Our Agreement
- This Agreement and our relationship with the User shall be construed solely in accordance with the laws of the State of Delaware, excluding any rules governing the choice of laws.
- The User irrevocably agrees that the exclusive venue for any action or proceeding arising out of this Agreement or our relationship with the User, regardless of theory, will be in Chicago, IL. The User irrevocably consents to the personal jurisdiction of such courts and waives any objection to the exercise of jurisdiction by such courts.
- THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND US. THE USER CONFIRMS THAT THEY HAVE NOT BEEN IN RELATION TO NAY PROMISED OR REPRESENTATIONS BY US, EXCEPT AS STATED IN THIS AGREEMENT.
- We may change this Agreement by posting changes on the Platform. Unless otherwise specified by us, all modifications will be effective upon posting. Therefore, the User is encouraged to review the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If the User does not agree to the changes, the User must terminate access to the Platform and participation in its services.
- We may freely transfer or assign this Agreement or any of your obligations under it.
- Paragraph headings in this Agreement are for convenience only and shall not apply in the interpretation of this Agreement.
- If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, unenforceable, or contrary to law, the other provisions of this Agreement will remain in full force and effect.
- For the avoidance of doubt, all provisions relating to limitation of liability and indemnity shall survive the termination or expiration of this Agreement.
Latest Update: Julio 4, 2020
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