Terms and Conditions

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Terms and Conditions

AGREEMENT TO TERMS

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes.This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of www.shivtensity.com (the “Website”).

 

The Website is owned and operated by Shivtensity Private Limited (“Shivtensity™“), a Private Limited Company, incorporated under the provisions of the to sub-section (2) of section 7 and sub-section (1) of section 8 of the Companies Act, 2013 (18 of 2013) and

rule 18 of the Companies (Incorporation) Rules, 2014], a recognised Startup by Startup India that has its registered office at B607, Babylon Tower, Raipur Chhattisgarh.

 

These Terms and Conditions constitute a legally binding agreement made with you, whether personally or on behalf of an entity (“you”) and Shivtensity Private Limited with the brand name as Shivtensity™   (“we,” “us” or “our”), concerning your access to and use of the shivtensity.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). 

By accessing any Services on the Site, you irrevocably accept all the terms stipulated in this agreement. 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. 

You agree that it is your responsibility to periodically review the current version of these Terms of Use as posted on the Website.

 

The Website allows Users to connect with counsellors or other individuals (“Expert(s)”) who provide counselling, therapy and other services.

TERMS OF USE FOR PROFESSIONALS
The terms in this Clause are applicable only to the Professionals associated with Shivtensity™.
  1. Practitioners must submit soft copies of original documents for their profile to verify their educational qualifications to practice at Shivtensity™  Consultancy. We reserve the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. If any information displayed on the Website in connection with you and your profile information is found to be incorrect, you are required to inform Team Shivtensity immediately to enable necessary amendments. If Shivtensity™ determines that you have provided inaccurate information or enabled fraudulent feedback, we reserve the right to immediately suspend any of your accounts with us.

  1. Practitioners must treat all the clients ethically and refrain from doing anything illegal or unethical. You as a Practitioner hereby represent and warrant that you will function in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Shivtensity™ accepts no liability for the same.

  1. Practitioners cannot take clients outside of the Shivtensity™ portal.
  2. The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
  3. 15% of what the Practitioners charge their clients will go to Shivtensity™ for website maintenance and other purposes.
  4. Shivtensity™ reserves the right to remove any abusive, inappropriate or promotional content added on the Website by Practitioners. However, Shivtensity™ shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
  5. If any Practitioner is found not abiding by the above mentioned conditions or doing something illegal, Shivtensity™ will resort to legal action.
  6. In case a Practitioner is harassed or mistreated in any form, they are encouraged to bring it to Shivtensity’s notice for due measures.  

USE OF SERVICES / WEBSITE BY MINORS

 

Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site. 

Option 2: The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site. 

USER REPRESENTATIONS

By using the Site, you represent and warrant that: 

(1) all registration information you submit will be true, accurate, current, and complete; 

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;

(3) you have the legal capacity and you agree to comply with these Terms and Conditions; 

(4) you are not under the age of 18, with an exception to Clause – [if a minor, you have received parental permission to use the Site]; 

(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; 

(7) you will not use the Site for any illegal or unauthorized purpose; 

(8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, or otherwise objectionable.

OWNERSHIP OF THE WEBSITE

The Website contains content owned or licensed by Shivtensity™ (“Shivtensity™ Content”). Shivtensity™ owns and retains all rights in the Shivtensity™ Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Shivtensity™ Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Shivtensity™ Content.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. 

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

PAYMENT

Any payment you make for the use of the Services is used to compensate Shivtensity™ for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.

‍The Shivtensity™  Network Providers practicing through the Platform also compensate for the use of the Shivtensity™ technology and for administrative fees. Part of your payment for the use of the Services, accounted for separately, is remitted to the Provider for the direct services provided to you. Shivtensity™ does not participate, split, or take a percentage of this payment to the Provider. Regardless of any payments made, Shivtensity™ does not hold itself out as your direct provider of therapy services as that is the role of your licensed, network accredited Provider. You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Shivtensity™ from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to you. 

All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.  

In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that:

 (1) You are legally authorized to provide such Payment Details; 

(2) You are legally authorized to perform payments using such Payment Details; and 

(3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company’s Privacy Policy .You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.  

The payment receipt for completion of a transaction shall be provided by the respective Vendors and the transaction summary shall be provided by the Company, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address. Company collects the payment on behalf of the respective Vendor, and eventually settles the same.

Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because:

 (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided;

 (2) You have not provided the Company with correct Payment Details;

 (3) Your payment card has expired; or

 (4) circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

If you access the Services through a EAP or an Employer sponsored benefit plan or other insurance backed plan, your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefit program you are a member of through your employer. In this instance, you may still be responsible for co-payment or payment for additional services which are explained in your benefit program.

PROVIDERS


Shivtensity™ does not directly employ the Providers matched through the Service. Shivtensity™ created a modern, digital health network of nationwide digitally trained and accredited Providers. The Shivtensity™ Network only works with independent, licensed, insured and vetted professional Providers. 

In order to receive approval to practice using the Shivtensity™ Network, the applying Provider must be found to be in compliance with the policies and procedures of Shivtensity™   .

 

Your relationship with the Provider is strictly with the Provider. Shivtensity™ is not involved in the Provider-client relationship and does not interfere, validate or control the Provider’s service unless advocating on behalf of You when following up on a particular complaint. You are always advised to exercise a high level of care and caution in the use of Shivtensity™ Network of Providers as you would making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider or by using or combining Shivtensity™ with traditional face-to-face appointments; solely because of information you saw on the Shivtensity™ site or advice you received through a Shivtensity™ Network Provider. Shivtensity™ supports a holistic approach to mental health and the choices You have to create the best therapeutic journey that matches your individual needs.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) along with the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us. or licensed to us, and  They are protected by copyright and trademark laws and various  as well as other intellectual property rights. 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree NOT to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. use a buying agent or purchasing agent to make purchases on the Site. 
  4. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  5. engage in unauthorized framing of or linking to the Site.
  6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  7. make improper use of our support services or submit false reports of abuse or misconduct.
  8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  10. attempt to impersonate another user or person or use the username of another user.
  11. sell or otherwise transfer your profile.
  12. use any information obtained from the Site in order to harass, abuse, or harm another person.
  13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  14. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  16. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  17. delete the copyright or other proprietary rights notice from any Content.
  18. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  19. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  20. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  22. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  23. use the Site in a manner inconsistent with any applicable laws or regulations.
  24. [other]

USER GENERATED CONTRIBUTIONS

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  4. your Contributions are not false, inaccurate, or misleading. 
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. your Contributions do not violate any laws concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site. 

 

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts] , you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. 

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 

  

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: 

(1) you should have firsthand experience with the person/entity being reviewed; 

(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; 

(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; 

(4) your reviews should not contain references to illegal activity; 

(5) you should not be affiliated with competitors if posting negative reviews;

(6) you should not make any conclusions as to the legality of conduct;

(7) you may not post any false or misleading statements; 

(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. 

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

  

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. 

You shall not: 

(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; 

(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; 

(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; 

(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; 

(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; 

(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; 

(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; 

(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; 

(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: 

(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 

(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 

(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; 

(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; 

(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; 

6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.  

 

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. 

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. 

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. 

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. 

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. 

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. 

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. 

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. 

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. 

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.   

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: 

(1) monitor the Site for violations of these Terms and Conditions; 

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; 

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 

(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; 

(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We adhere to the norms and practices of data privacy and security. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in India. You can read our privacy policy here [CLICK HERE]

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you are expressing consent to have your data transferred to and processed in India. 

[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Indian Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]

INTERNATIONAL USE AND THE GDPR

Shivtensity™ Platform advises both its Client/Users and practicing Platform Providers to be aware of and respect and comply with the local laws of any international based Client. Shivtensity™is cognizant and respects the formal promulgation of the existing European Union (EU) data privacy regulations. The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area. It also addresses the export of personal data outside the EU and EEA and is commonly referred to as “GDPR.” Shivtensity™ has always respected our Client’s Privacy (see our Privacy Policy)  and we were already a HIPAA certified platform following stringent data privacy rules

The basic tenants of the promulgated GDPR regulations include, but are not limited to the following:

Disclosure when you sell, transfer or third party marketing of User’s data: As outlined in this Terms of Use, Shivtensity™ does not sell or transfer Client data and any marketing efforts are focused solely on internal information updates to our registered Clients.

Access to collected data: At Shivtensity™, you already have the ability to access your shared data (Your personal information, your emergency contact information and all your interactions with your Providers) and use it as you wish.

Clear Consent: At Shivtensity™ our Terms of Use are clear on what consent we seek with regards to your data and prior to your engagement with your Provider, you review and agree to a further “informed consent” process.

Security: At Shivtensity™ we have encrypted our data from day one and has stored all Private Health Information with full HIPAA compliance and in an anonymized form as required by the GDPR.

Notice/Audit: At Shivtensity™, we will provide our Clients notice of any data breach and we employ a full time security Officer, as well as engaging a third party security firm to periodically audit both or code and technology security as well as our HIPAA policies and procedures around data security.

Finally, dependent of your EU country or origin, the GDPR takes into account what was previously termed the right “to forget” or request deletion of your data once you cease using a particular application or site. This particular tenant of the GDPR may conflict with applicable medical records retention laws. In the United States, this requires at least seven years of retention, which is common around the world and is sometime up to ten years or more in certain countries. So, unlike some data platforms, Shivtensity™ cannot erase private health data directly upon a Client’s request, as it may be considered essential for other medical file retention purposes. Applicable individual country medical retention laws are generally considered an acceptable exception to the GDPR regulations regarding the right to deletion of certain data.

TERMINATION

Shivtensity™ reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, where,

  • Such User breaches any terms and conditions of the Agreement;
  • A third party reports violation of its right as a result of your use of the Services;
  • Shivtensity™ is unable to verify or authenticate any information provide to Shivtensity™ by a User;
  • Shivtensity™ has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such User; or
  • Shivtensity™ believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Shivtensity™ or are contrary to the interests of the Website.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account because of the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has a continuous backup of any services the User has rendered in order to comply with the User’s record-keeping process and practices.

MODIFICATIONS AND INTERRUPTIONS 

  1. We reserve the right to change, modify, or remove the contents of the Site from time to time at our sole discretion and we also reserve the right to modify or discontinue all or part of the Site we may from time to time change these Terms of Use. We will notify you at least 30 days before such changes apply to you. 

We recommend that you periodically check this page for any revised terms. We will deem your continued use of the Services to constitute your acceptance of all such revised terms. 

We are unable to guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. 

GOVERNING LAW 

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of India, Chhattisgarh jurisdiction applicable to agreements made and to be entirely performed within India, without regard to its conflict of law principles. 

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts in India County, Chhattisgarh, and the Parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction in such state and federal courts. 

Other than that, to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations begin upon written notice from one Party to the other Party.

DISCLAIMER AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, we will not be liable for any loss or damage suffered by you through use of or access to this website, or our failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupply this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms will be constituted as an electronic communication. You are consenting to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. 

 

CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 

Shivtensity™   

B607, Babylon Tower, Raipur Chhattisgarh
info@shivtensity.com

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