INTRODUCTION:

This website at www.1to1help.net (the “Website”), including the associated mobile phone application (the “App”) (the Website and the App are hereinafter collectively referred to as “Platform”), is owned, maintained, and made available by ‘1to1help.net Private Limited’, a private limited company incorporated under the laws of India, having its Registered Office at WeWork Salarpuria Sattva Magnificia, Tin Factory, No.78, Dooravani Nagar, Swami Vivekananda Road, Bengaluru – 560 016 (“We” or “Us” or “Our” or the “Company”).

We offer a wide range of services, such as, but not limited to, counselling services, general tips on finance, legal awareness, wellbeing, delivery of information through the Platform and such other services that may be offered by the Company or facilitated by the Company from time to time (hereinafter collectively referred to as the “Services”), to corporates and other business organizations (“Sponsors”) desirous of enabling these Services to their employees (“Members”) in the form of an employee assistance program (EAP). The Platform is designed to enable participating Sponsors to subscribe and Members to conveniently access and avail the Services. For the sake of clarity, as a Sponsor, your usage of the Platform or Services will be restricted to subscription of Services and accessing information made available to You on a limited/restricted basis in terms of the T&C, accordingly, the T&C will bind You to the extent it relates to such usage. Please note that We do not offer or otherwise provide any clinical or psychiatric care, or prescribe any medication, or provide any other medical diagnosis in connection with the Services.

THESE TERMS AND CONDITIONS, as amended from time to time (hereinafter referred to as “T&C”), shall legally bind any person (such person, including but not limited to Sponsors and Members, is hereinafter referred to as "You" or "Your" or "User") who browses, subscribes, accesses, or avails and/or utilizes the Services or any part thereof. This T&C constitutes an electronic record under applicable law and does not require any physical or digital signatures.

ACCEPTANCE OF THE T&C:

1. ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICES OFFERED ON THE PLATFORM, SIGNIFIES YOUR ACCEPTANCE OF THIS T&C. PLEASE CAREFULLY REVIEW THIS T&C BEFORE PROCEEDING.
2. You will be additionally governed and bound by all applicable policies and guidelines, as amended from time to time, made available to You on the Platform.
3. You are prohibited from using the Platform and/or the Services without accepting to be legally bound by the provisions of this T&C.
4. Your continued access or usage of the Platform and/or the Services signifies Your acceptance of this T&C.

ACCESS TO THE PLATFORM

1. You may access or use the Platform and/or the Services only if, (i) You are above the age of 18 years; and (ii) You are legally competent to enter into a contract. Anyone who does not meet the criteria set forth herein is not authorized to access or use the Platform.
2. Subject to the terms and conditions set forth herein, You may access and use the Platform and/or the Services at Your own risk. We cannot guarantee continued, uninterrupted, error-free, or undisrupted availability of the Platform or the Services. We may, at Our sole discretion, and without any prior notice, temporarily suspend access to the Platform at any time to cater to the maintenance requirements of the Platform or for such other reason/s deemed reasonably fit or necessary by Us.

LICENSE FOR USING THE PLATFORM

1. The Company grants You a personal, limited, revocable, and non-exclusive license to access and use the Platform and/or the Services as the case may be, provided that You accept and comply with the T&C, all applicable policies and guidelines as amended from time to time at Our sole discretion, with or without notice to You, and any other agreement(s) executed with Us.
2. At any event, Your license to access and use the Platform and/or the Services shall be restricted to the express terms set forth in the T&C, all applicable policies and guidelines, and any other agreement(s) executed with Us. The Company does not grant You any other express or implied right or license to the Platform, Services, or any intellectual property rights comprised therein, including any rights that may accrue in future, nor do We incur any obligation not expressly stated herein in relation thereto.
3. Unless agreed to otherwise in writing, Our Content (as defined hereinbelow), shall be solely owned by the Company, and all rights, including but not limited to intellectual property rights, accruing therein shall vest solely with the Company.

ACCOUNT REGISTRATION

1. You may access and avail of the applicable Services on the Platform by registering an account on the Platform. The information provided by You at the time of registering an account on the Platform shall be deemed to be true, accurate, and correct in all respects.
2. You are required to maintain the confidentiality of Your login credentials or such other information that may compromise the privacy or security of Your account on the Platform. You will be solely responsible for preventing any unauthorized access or use of Your account.  
3. If the security of Your account is compromised for any reason whatsoever, You are required to immediately notify Us of the same, in addition to modifying Your account password and any other information that may make Your account vulnerable to any form of unauthorized access. You are strictly prohibited from sharing Your account login credentials with any third person or otherwise permit such third person to access and/or use the Services on the Platform.
4. You acknowledge that the Company may be required to issue certain communications from time to time in connection with the Services, and You hereby consent to receive all communications from the Company or its affiliates, authorized agents, assignees, or any other third party authorized by the Company.
5. You hereby acknowledge and accept that where You choose to appoint/select any person(s) in writing as Your nominee(s), the Company shall be authorized to notify such nominee(s) of any foreseeable threat or danger to Your safety or life, or the safety or life of others.
6. Our Privacy Policy shall govern the collection, storage, and use of any personal information/data that You furnish at the time of creating an account or at any time thereafter or that We collect at any time during the course of Your availing the Services.

USER OBLIGATIONS

1. Your access or usage of the Platform shall be subject to Your compliance with this T&C, the various policies and guidelines of the Company (as amended from time to time), and applicable laws including all rules/regulations/guidelines framed thereunder.
2. You are required to provide the Company with Your accurate information and ensure that such information is up to date. Your information will be relied on/used by the Company to provide Services. The Company shall neither be responsible nor be liable in any manner whatsoever, for any discrepancies in the information provided by You to Us, and the Company shall not be responsible or liable for any Users for any claims arising due to incorrect or incomplete information You have submitted to Us.
3. Without prejudice to anything to the contrary contained in this T&C, should You fail to accept and comply with this T&C, the policies and guidelines of the Company (as amended from time to time) or with applicable laws including any rules/regulations/guidelines framed thereunder, the Company may discontinue its Services to You and suspend or terminate Your access to the Platform, at any time without further notice.

OWNERSHIP AND USE OF CONTENT

1. “Our Content” means all text, graphics, images, audio, videos, designs, compilations, feedback, messages, articles, assessments, arrangement of the content, and all other forms of information or data Content created by or for the Company and made available to You through the Platform in connection with the Services.
2. All copyrights, trademarks, service marks, logos, trade names, trade dress, intellectual property rights (“IPR”), and other proprietary rights associated with the Services and/or Our Content are exclusively owned by the Company. Nothing in this T&C shall be construed to transfer or convey any right, title, or interest of the Company in the Services and/or Our Content to any User.
3. You acknowledge that effort, money, and time invested is by the Company and other contributors, as the case may be, for developing, preparing, compiling, and arranging the original works contained on the Platform and/or comprised in the Services. You agree to not copy, use, reproduce, exhibit, display, utilize, profit from, or otherwise cause the utilization or misuse of, or creation of any derivative works of such original works and/or Our Content. Non-compliance with the provisions of this Clause may result inter alia in the deletion of Your account, and where applicable, You will be held liable for infringing any of the rights of the Company comprised in Our Content. You further agree to protect the proprietary rights of the Company and the other contributors and to comply with any reasonable written requests of the Company or the other contributors to secure their respective proprietary rights.
4. Even information obtained while providing the Services will be Our Content and User will not be entitled to seek a copy of such information, unless permitted by applicable law.
5. Any content created by You on the Platform, as permitted by the Company, and which is in compliance with applicable laws, will remain to be Your content.

CONFIDENTIALITY

1. Anything shared by You in connection with the Professional Services is treated by the Company as privileged and confidential information. Such privileged and confidential information may only be used for the limited purpose of conducting Our research and performing the Services. The Company shall not disclose such privileged and confidential information to any person whomsoever (including the Sponsors), except
2. With the consent of the person who shared such privileged and confidential information in connection with the Professional Services; or
3. As mandated under applicable law.

1. Notwithstanding the generality of the foregoing, the Company may legally disclose certain aggregated information in connection with the Services to the Sponsor(s) concerned. However, the Company will not disclose the identity of any Member(s) or any personally identifiable information thing shared by You in connection with the Services.
2. Notwithstanding the generality of the foregoing, the Company is hereby authorized to notify and communicate with You and/or Your nominee(s), for the limited purpose of notifying such nominee(s) of any visible mental health-related emergencies that You may face
3. You agree that as a part of the Services but subject to the foregoing, the Company may from time to time be required to disclose to You certain confidential/proprietary information. You shall strictly maintain the confidentiality of such confidential/proprietary information, whether such information is designated/marked as ‘confidential’ and/or ‘proprietary’ or not.

DATA PROTECTION AND PRIVACY

1. The Company collects Your information for rendering its Services and such information is treated as confidential. The Company’s latest Privacy Policy, as amended from time to time, shall govern the collection, storage, use, or disclosure of Your information, whether Personal Information or otherwise, by the Company. At any event, all information collected by the Company in the course of Your availing the Services shall be deemed to have been provided by You voluntarily. In the event that You are unable to fully read and/or understand, or otherwise disagree with the terms of the Company’s latest Privacy Policy, or any part thereof, You are requested to forthwith stop browsing/accessing the Platform or availing the Services of the Company.

PROHIBITED USE OF PLATFORM AND/OR THE SERVICES

1. You are permitted to use the Platform and/or the Services only for lawful purposes.
2. Any content shared or otherwise made available by You through the Platform shall:
3. Not violate any intellectual property rights of the Company and/or those of any other third-party;
4. Not contain any unwanted or unapproved publicizing, promotional materials, solicitations, spam, or bulk emails, etc.; and
5. Not contain any computer code designed to harm, destroy, disrupt, or restrict the performance of any computer software or hardware, or telecommunications equipment.
6. You shall not assist or cause any other person to decompile, reverse engineer, copy, change, market, convey, create any derivative work(s) or adaptation(s) based on, recreate or reproduce, in any form or manner, except as expressly provided for herein, the whole or any portion of the Platform (including the content comprised therein), or to otherwise gain unauthorized access to the Platform for any purpose whatsoever.

ONLINE PAYMENT

1. The Company may make available to the Sponsor an online payment gateway facility (that is offered by third-party payment gateway service providers) to enable the Sponsor to make payments for subscription of Services using net banking, credit/debit card, or any other mode acceptable to the Company. Should the Sponsor choose to avail the online payment facility (if made available), the Sponsor will be bound by the terms and conditions of the Company as well as that of the payment gateway service provider(s) and/or any other service provider involved.

DISCLAIMERS

1. To the fullest extent permitted by applicable law, the Company makes no warranties, express or implied,:
2. That the Platform is compatible with Your computer or mobile or any other device/s, or that the Platform is free from viruses or such other harmful materials, or that You will be provided with continuous, error-free, or undisrupted access to the Platform. You will not hold the Company liable under any heads of claim where You are unable to avail of the Services or make use of the same for reasons of disruptions aforementioned. Your usage of the Platform shall be solely at Your own risk.
3. That the online payment facility will be uninterrupted. The Sponsor’s online payments may be disrupted, blocked, restricted, or reversed by the Sponsor’s financial service provider, or the Sponsor’s payments may not reach the Company or the Sponsor for reasons not attributable to the Company, and in any such case, the Company shall not be responsible or liable in any manner whatsoever.
4. Relating to Our Content hosted on the Platform and/or comprised in the Services, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and any warranty or condition of non-infringement. Should You reasonably learn or believe that Our Content and/or the Services, or any part thereof, infringes upon the legitimate rights of any third-party, You are required to notify Us of such violation to enable Us to take corrective measures, where necessary or feasible.

1. The Company represents that the Services, such as, but not limited to, financial and legal services, are merely facilitated by the Company and the Company merely assists in connecting the Members with third-party service providers/experts, and in connection thereof, the Company disclaims any warranties, express or implied, of merchantability, fitness for a particular purpose, title, and any warranty or condition of non-infringement.
2. The Sponsor may authorize any person in writing, to identify and recommend the name(s) certain employee(s) of the Sponsor’s organization who may be in need of the Services, and such person authorized by the Sponsor shall, with the prior written consent of the employee(s), disclose the information of such employee(s) to the Company, and the Company shall be authorized to contact such employee(s) for providing its Services. In this regard, the Company disclaims any and all responsibility and/or liability in connection with the procurement of the prior written consent of the employee(s) recommended for availing the Services.
3. THE SERVICE PROVIDER REPRESENTS THE SERVICE PROVIDER DOES NOT OFFER OR OTHERWISE PROVIDE ANY CLINICAL OR PSYCHIATRIC CARE, OR PRESCRIBE ANY MEDICATION, OR PROVIDE ANY OTHER MEDICAL DIAGNOSIS, AND THAT THE SERVICE PROVIDER MERELY OFFERS AND PROVIDES PSYCHOLOGICAL CARE, WHICH DOES NOT INCLUDE THE PRESCRIPTION OF ANY MEDICATION AND/OR THE PROVISIONING OF A MEDICAL DIAGNOSIS.THE PLATFORM AND/OR THE SERVICES ARE NOT MEANT TO CATER TO ANY MENTAL HEALTH-RELATED EMERGENCIES CONCERNS/AILMENTS THAT REQUIRE IMMEDIATE AND/OR CLINICAL PROFESSIONAL CARE OR TREATMENT, INCLUDING IN CASES WHERE YOU PERCEIVE, WHETHER IMMEDIATE OR OTHERWISE, ANY THREAT OR DANGER TO YOUR SAFETY OR THE LIFE OR SAFETY OF OTHERS, OR WHERE YOU ARE FACING ANY SUICIDAL THOUGHTS OR TENDENCIES.
   
   Note: Should You require clinical or psychiatric care/treatment, please contact the resources as may be available with the Sponsor and/or your local Governmental authorities. We have included a few third-party website links for your convenience:
4. The Company makes no warranties, whether express or implied, relating to any definitive outcome/result or remediation/cure for any matters/ailments in connection with which the Services are availed.

INDEMNITY AND RELEASE

1. You shall indemnify and hold harmless the Company, its subsidiaries, affiliates, and their respective officers, directors, agents, contractors, and employees, from any claim or demand, or actions including attorney's fees, arising out of Your breach of this T&C or the applicable policies and guidelines of the Company (as amended from time to time), or Your violation of any applicable laws, including all rules/regulations/guidelines framed thereunder, or the rights of any third party.
2. You hereby expressly release the Company, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorney's fees, made by any third party or penalty imposed due to or arising from (i) the actions/inactions of any User; and (ii) the Services provisioned in accordance with generally accepted standards of services similar to the Services.

LIMITATION OF LIABILITY

1. IN NO EVENT SHALL THE LIABILITY OF THE COMPANY EXCEED THE SUM TOTAL OF CONSIDERATION RECEIVED BY THE COMPANY FROM THE SPONSOR IN RESPECT OF WHOSE TRANSACTION THE CLAIM IS MADE.
   
   IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, INCLUDING ANY PURCHASE MADE USING THE PLATFORM, AND EVEN IF THE USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.  

WAIVER

1. If You breach these conditions and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these conditions.

AMENDMENT

1. The Company reserves the right, at its sole discretion, to update, change or replace any part of the T&C, Privacy Policy, or the Company’s policies and guidelines as made applicable to You from time to time, by posting updates and changes on the Platform. It is Your responsibility to check the Platform periodically for changes. Your continued use of or access to the Platform or the Services following the posting of any changes to the T&C constitutes acceptance of those changes.

APPLICABLE LAW / JURISDICTION

1. This T&C, all applicable policies and guidelines, including the Privacy Policy are governed by and construed under the laws of India. You agree to submit to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, to the exclusion of jurisdiction of courts elsewhere that may otherwise have the jurisdiction, territorial or otherwise, over the subject matter of dispute/claim.