PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ‘CREATING MIRACLES’ PLATFORM

Introduction

Your use of the website www.creatingmiracle.com (“Website”) is an acknowledgement that you have reviewed the terms and conditions (the “Agreement”), agree to comply with and be legally bound thereby. These terms and conditions govern your access to and use of the website and the services (as defined below). If you do not agree to these terms and conditions, you must refrain from using the website and services.

Definitions

Company

‘Creating Miracles’, ‘CreatingMiracles’, ‘creatingmiracles’, ‘creating miracles’, ‘CM’, ‘Company’, ‘Firm’, ‘Organization’, ‘We’, ‘Our’, ‘Us’, ‘Service Provider’ or some other similar terminology will refer to Creating Miracles as the service provider of the services mentioned in this document.

User

‘Client’, ‘User’, ‘Customer’, ‘You’ or ‘Your’ or other similar terminology refer to you as the user of website who is recipient of the services mentioned hereafter in this document.

Therapist

Life Coach, ‘Wellness Coach’, ‘Therapist’, ‘Counsellor’, ‘Mentor’ and other similar terminology refers to therapist.

Force Majeure

Force Majeure refers to sequence of events that prevents control or delaying from performing obligations as stated in this document.

Sign Up or Registration refers to give you access of the platform created and provided by us upon registration.

Platform refers to the services we provide on this website.

Website refers to the use of this website obtaining access to services.

Services means the collective offering like assessment or therapy or counselling, information, advice or any other input for benefit of user as elaborated below;

Disclaimer

If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you must notify the appropriate personnel or visit the nearest hospital or emergency room. The same applies in-case of a medical or psychological health emergency. Creating Miracles does not deal with emergencies – medical, psychological or otherwise.

Nature of Service

Creating Miracles is an online non-clinical mental health & holistic wellbeing platform that offers clients the ability to connect with experts (who have been authorized by Creating Miracles to use the platform for delivering their services) and obtain one to one online therapy consultation with any of them depending on your area of concern. All therapists on the Creating Miracles panel are screened and have active and updated licenses, which can be viewed on their profile pages.

Creating Miracles offers services that may include/are:

  • In compliance with our client anonymity and confidentiality policies (Privacy Policy)
  • Chat, audio and video sessions
  • Face to face sessions at specific clinic locations
  • Online assessments
  • Offline & online programs for corporate and educational institutions

The aforementioned shall hereinafter be referred to as “Services”.

The Therapist And Their Services

The platform enables you to communicate with a therapist for availing the services.

We assume no responsibility for any act, omission or doing of any therapist. We make no representation or warranty whatsoever as to the willingness or ability of a therapist to give advice.

We make no representation or warranty whatsoever as to whether you will find the Services relevant, useful, correct, satisfactory or suitable to your needs. We do maintain adequate quality control at the time of empanelment of the therapist for services regarding their qualification, experience and expertise however, we do advise you to check if any specific service as well as whether a therapist is categorized correctly or matched correctly to you.

We do not practice counselling or medicine or any other licensed profession, and does not interfere with the practice of medicine or counselling or any other licensed profession by therapists, each of whom is responsible for their services and compliance with the requirements applicable to their profession and license, Creating Miracles operates the site as an online platform.

While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any therapist. It is your sole responsibility to conduct independent verification regarding any therapist that provides you with services (whether through the platform or not) and we strongly recommend that you will conduct this verification prior to communicating with any therapist through the platform and on a continuous basis as you use the platform.

Your relationship relating to the services is strictly with the therapist. We are not involved in any way with the actual substance of that relationship or any part of the service (whether provided through the platform or not), and we do not validate or involved in any of the services.

Use Of The Platform/Site

As operators of the platform, our role is strictly limited to facilitating the communication between you and the therapist and to enable the provision of the services. It is up to you to consider and decide whether these services are appropriate for you or not.

The platform does not include the provision of medical care, or other professional services by us.

The services may change from time to time, at the sole discretion of Creating Miracles, and these terms and conditions will apply to your visit and use of the site to avail the services, as well as to all information provided by you on the site at any given point of time.

We make no representation or warranty whatsoever as to whether you will find the services relevant, useful, correct, satisfactory or suitable to for your needs.

You agree, confirm and acknowledge that although the therapist may provide the services through the platform, we cannot assess whether the use of the therapist, the services or the platform is right and suitable for your needs.

You agree, confirm and acknowledge that you are aware of the fact that the services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the services. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counsellor, by face-to-face appointment, because of information or advice you received through the platform.

The platform is not intended for diagnosis, including information regarding which drugs or treatment that may be appropriate for you, and you should disregard any such advice if delivered through the platform.

The platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to third party content (including but not limited to links to other websites) or advertisements which are related to third party content. You confirm and acknowledge that we have no responsibility over any such third party content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any third party content.

If you are thinking about suicide or if you are considering to take actions that may cause harm to you or to others or if you feel that or any other person may be in any danger or if you have any medical emergency, you must immediately call the emergency service number and notify the relevant authorities. You acknowledge, confirm and agree that the platform is not designed for use in any of the aforementioned cases and that you must not use the platform in any of the aforementioned cases.

You are advised to exercise a high level of care and caution in the use of the platform and the services.

Applicability Of These Terms

Your access to and use of the services is conditioned on your compliance with these terms and conditions. By becoming a registered user and/or accessing and/or using the services, the site, or any portion of the services or the site, you agree to be bound by these terms and conditions and all applicable laws and regulations governing the services.

If you do not agree with these terms, you are not authorized to access or use the services for any purpose. Additional terms and conditions applicable to specific areas of the site or to particular transactions are also posted in particular areas of the site and, together with these general terms and conditions, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use the site.

By agreeing to this agreement you are also agreeing to the terms of the platform privacy policy available at https://www.creatingmiracle.com/privacy-policy (the “Privacy Policy”). The privacy policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the privacy policy.

Site Content

To the extent service is provided to you by a therapist, such medical advice is based on your personal health data as provided by you and the local standards of care for your presenting symptoms. Responses are not provided by Creating Miracles, but are provided by your therapist.

The content on the site (other than a direct response from a counsellor) is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis, or treatment. You should always talk to your medical professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the information on the site represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you.

Restriction on the Use of the Platform by Children

The platform is available for use only if you are 18 years or above. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these terms and conditions and our other policies.

Your Role, Representations, Conduct and Commitments

  • You hereby confirm that you are 18 years of age or older, not otherwise incompetent to contract under the Indian Contract Act, 1872 and that your use of the website shall not violate any applicable law or regulation;
  • You hereby confirm and agree that all the information that you provided in or through the platform, and the information that you will provide in or through the platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
  • You agree and commit not to 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 obtaining unauthorized access to the aforementioned.
  • You agree and commit not to make any use of the platform for the posting, sending or delivering of either of the following:

a) unsolicited email and/or advertisement or promotion of goods and services;

b) malicious software or code;

c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;

d) any content that infringes a third party right or intellectual property;

e) any content that may cause damage to a third party;

f) any content which may constitute, cause or encourage a criminal action or violate any applicable law

  • If you receive any file from us or from a therapist, whether through the platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
  • You acknowledge that when you access a link that leaves the website, the site you enter into is not controlled by the Company and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the website, although the Company is under no obligation to do so.
  • You agree that you take responsibility to check the technical specifications required before making a booking for a session.
  • You agree to not seek other person’s contact information through our website.
  • By accepting these terms and conditions, you acknowledge that you understand and agree with the following:
  • you understand that you may expect the anticipated benefits from the use of counselling in your care, but that no results can be guaranteed or assured;
  • your therapist may determine that the services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide services to you through the site;
  • You agree and acknowledge that the services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the services.

Restrictions On Conduct

In addition to the aforementioned points, without limitation, you agree that you will not do any of the following while using or accessing the platform:

  • upload, post, email or otherwise transmit any content to which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
  • upload, post, email or otherwise transmit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
  • use the services to collect or store personal data about other users without their express permission;
  • knowingly include or use any false or inaccurate information in any profile;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the services, or interfere with the access of any other user to the services;
  • circumvent, disable, or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content;
  • use any meta tags or other hidden text or metadata utilizing a Creating Miracles name, trademark, URL or product name;
  • attempt to probe, scan or test the vulnerability of any Creating Miracles system or network or breach or impair or circumvent any security or authentication measures protecting the services;
  • attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the services;
  • use the services in any way that competes with Creating Miracles, including, without limitation, misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit treatment providers, directly or indirectly; or
  • encourage or instruct any other person or entity to do any of the foregoing.

User Accounts

In order to access the platform and the services, you will be required to register on the site. When you register on the site, you are required to create an account (“Account”) by entering your name, email address, password, phone numbers, and certain other information collected by us (collectively “Account Information”).

To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our services.

You agree that the account information that you provide to us at all times, including during registration and in any information you upload to the site will be true, accurate, current, and complete and you shall, at all times, be solely responsible for the accuracy and/or completeness of your information.

You may not transfer or share your account password with anyone, or create more than one account (with the exception of subaccounts established for children of whom you are the parent or legal guardian).

You also must provide us with personal identification information, and certain other information, as specified in the site. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. We advise you to change your password frequently and to take extra care in safeguarding your password.

The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the site and your account information. In no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of your use of the site, your use of the account information or your release of the account information to a third party. You may not use anyone else’s account at any time.

You agree and confirm that your use of the platform, including the services, are for your own personal use only and that you are not using neither the platform nor the services for or behalf of any other person or organization.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your account access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your account access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following:

a) your access to or use of the platform;

b) any actions made with your account or account access whether by you or by someone else;

c) your violation of any of the provisions of this agreement;

d) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this agreement.

i. electronic means to complete these terms and conditions and accordingly to form a legal and binding contract between you and Creating Miracles and to provide you with any notices given pursuant these terms and conditions; and

ii. electronic means to store information/records related to these terms and conditions, any account information provided by you and/or any other information provided by you during the course of utilization of the services. Creating Miracles cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Privacy Policy

Creating Miracles provides services over the internet. Usage of our website or online resources is subject to the Privacy Policy of the Company and is provided on the Privacy Policy page of the website. Please read the Privacy Policy carefully. Creating Miracles reserves the right to add, change, or remove sections from the Privacy Policy without notice or liability to any third-party.

User Forums, Topics, Replies, Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send or submit forum topics, replies, comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

1) to maintain any comments in confidence;

2) to pay compensation for any comments; or

3) to respond to any comments.

Creating Miracles, however, guarantees that all communication between the user and Creating Miracles and / or the therapist within the ambit of therapy shall be kept confidential, subject to compliance with applicable laws.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.

Users must note that Creating Miracles is an interactive service and other users are free to post their own comments on various content of the site. The website publishes articles provided by various authors as well. The contents/viewpoints expressed in these comments/posts/articles etc. are their authors’. Such content does not indicate official position of Creating Miracles, in any way, express or implied.

Modifications, Termination, Interruption and Disruptions to the Platform

You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the platform, any part of the platform or the use of the platform, whether to all customers or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

For the removal of any doubt, we may terminate or prevent your use of the platform and any services provided by through the platform at our sole discretion for any reason and for any period of time.

The platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the platform will be uninterrupted or that it will be secure, consistent, timely or error-free.

Intellectual Property

The services, the site, and all information and/or content that you see, hear, or otherwise experience on the site (collectively, “Content”) are protected by the Indian and international copyright, trademark and other laws. We own or have the license to use all of the intellectual property rights relating to Creating Miracles, the services, the site, and the content, your right including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happened to be registered. You will not acquire any intellectual property rights in Creating Miracles by your use of the services or the site.

For the sake of brevity, it is expressly clarified herein that any and all content including, but not limited to, user generated content and/or information collected directly or indirectly from users and therapists shall belong solely and exclusively to Creating Miracles. Copying any such copyrighted content from the site for any purpose, whether commercial or otherwise, shall be a violation of Creating Miracles’s copyright and Creating Miracles reserves all its rights and remedies in law in relation to such violation.

Your License to Use the Services

When you use our services or site you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these terms, Creating Miracles grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the services and to download and print any content provided by Creating Miracles solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services or content, except as expressly permitted in these terms and conditions, without Creating Miracles’s express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Creating Miracles or its licensors, except for the licenses and rights expressly granted in these terms and conditions.

Third-Party Websites; Advertisements

We may make available, on our site and as part of our services, links to third-party websites or resources from third parties on the site. Creating Miracles is not responsible or liable for the availability or accuracy of, and Creating Miracles does not endorse, sponsor, or recommend such websites or resources, or the content, products, or services on or available from such websites or resources. when we make available such third-party links or resources on the site or through the services, you must look solely to the third party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided by others.

Errors, Inaccuracies and Omissions

Occasionally, there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product / service descriptions, pricing, promotions, offers etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.

Disclaimer of Warranties

You agree, confirm and acknowledge that the platform is provided “as is” and therefore you will not have any claim or demand against us. The use of the platform is at your sole risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to merchantability, non-infringement, title, operability, security, accuracy of data, system integration fitness for a particular purpose or accuracy.

You expressly agree that use of the platform is at your sole risk.

You acknowledge and agree that the company does not itself provide medical advice, diagnosis, or treatment but is a platform that provides you with help by enabling therapists to use the platform. You acknowledge and agree that the therapists using the site will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of therapists, in their sole discretion, as they deem appropriate.

We do not assume, and will not be liable for: (a) the accuracy or availability of the platform or any part of the platform; or (b) any damages, harm or injury arising from or related to the platform, the therapist or their services.

You hereby release us and agrees to hold us harmless from any and all causes of action and claims of any nature resulting from the therapist services or the platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any mental health professional or any other provider in a field requiring licensure and/or certification, who may be accessed through the platform.

Creating Miracles and its licensors and affiliates disclaim any warranties regarding security, accuracy, reliability, timelines and performance of the services or that the services will be error free or that any errors will be corrected. No advice or information provided to you by Creating Miracles will create any warranty that is not expressly stated in these terms and conditions.

We make no representations concerning, and do not guarantee, the accuracy of the services, including, but not limited to, any information provided through the services or their applicability to your individual circumstances. Our services and site content are developed for use in India and Creating Miracles and its licensors and affiliates make no representation or warranty concerning the services or site content when they are used in any other country.

Limitation of Liability

You agree, confirm and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.

You further agree, confirm and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the platform will not exceed the total amount of money paid by you through the platform in the 3 months period prior to the date of the claim.

Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to your use of the services, the site or the content or our relationship with you, regardless of theory, must be brought within 3 (three) months after the occurrence of the event giving rise to the claim or cause of action or be forever barred.

Creating Miracles or therapist from whom you receive services on this site may be required to report confidential information if they have reason to believe that a patient is likely to harm others or himself/herself and in no event shall Creating Miracles or therapists be liable for such disclosure of your confidential information.

This section (limitation of liability) shall survive the termination or expiration of this agreement.

Notices

We may provide notices or other communications to you regarding this agreement or any aspect of the platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to support@creatingmiracles.com

Indemnification

You will indemnify, defend, and hold harmless Creating Miracles, therapists and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

  • your access to or use of the services, the site, or the content;
  • your violation of any of the provisions of these terms and conditions;
  • any activity related to your account by you or any other person accessing the site or services through your account, including, without limitation, negligent or wrongful conduct; or
  • your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

Creating Miracles reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

Changes to These Terms

Creating Miracles reserves the right to change terms and conditions at any time. Any changes that we make will become a part of our agreement with you when they are posted to our site. Your continued use of our services or the site will constitute your agreement to the changes we have made. The last date these terms and conditions were revised is set forth at the end of this document.

Severability

Should one or more provisions of these terms and conditions be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the terms and conditions, which will remain in full force and effect

To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this agreement.

Grievance Redressal

In accordance with Information Technology Act, 2000 and rules made there under, to address the grievances of the users, Creating Miracles has set up a Grievance Redressal Forum.

In case you are dissatisfied with any aspect of our services, you may contact us at support@creatingmiracles.com

We assure you a time-bound response not exceeding one month from the date of your complaint.

Jurisdiction

Jurisdictional policies of Creating Miracles have been drafted in accordance and compliance with Indian laws. Any and all disputes arising between the user and Creating Miracles with regards to this policy, including the interpretation of the terms of this policy shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.

Disclaimer :

This website does not provide medical or psychiatric advice.

Without patient consent form signed locker will not be alloted.

Creating miracle is not giving any pyschatric or medical advice.

Confidentiality is our major goal.

We are not a medical service or suicide prevention helpline. If you are feeling suicidal, we would suggest you immediately call up a suicide prevention helpline or seek medical help.