TERMS OF USE
DO NOT USE THIS PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 112 OR OTHER NATIONAL EMERGENCY PHONE NUMBER PROVIDED HERE .
If you are thinking about suicide or if you are considering taking actions that may cause harm to you or to others or if you feel that you or any other person may be in any danger or if you have any medical emergency, you must immediately call the relevant emergency service number, notify the relevant authorities, and seek immediate in person assistance.
Please read these Terms of Use and conditions carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform offered by EMPTY in connection with the online therapy services we provide via the EMPTY website at www.empty.com ("Website") (all hereinafter collectively, "EMPTY" and the "Service(s)") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all the terms and conditions described in these Terms. If you do not agree to all these terms and conditions, you are not authorized to use the Service. The terms "you", "your," and "yourself" refer to the individual user of the Service.
TERMS AND CONDITIONS
Your website may use the Terms and Conditions given below.
The terms "We" / "Us" / "Our"/" Company" individually and collectively refer to Empty.com and the terms "Visitor"" User" refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website ("emptycare.com"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organizations or entity's written permission.
ACCEPTABLE WEBSITE USE
You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit any of the following:
- A message or information under a false name;
- Information that is unlawful, libelous, defamatory, abusive, vulgar, obscene, racist, fraudulent, predatory of minors, harassing, threatening or hateful to any person;
- Unsolicited email and/or advertisement or promotion of goods and services;
- Any content that may cause damage to a third party;
- Any content which may constitute, cause, or encourage a criminal action or violate any applicable law; and
- Information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.
You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, keystroke logger, spyware, adware, denial of service attacks, flooding, or spamming. You shall not use the Service in any manner that could damage, disable, or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper, malicious code, or other means to access the Service for any purpose. Neither EMPTY nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.
Emergency Contact Information
You agree to provide "Emergency Contact Information" (name and telephone number) for your personal contact and/or a close family member/relation to your Provider (defined below) to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial, and you agree to obtain their consent before providing their Contact Information to your Therapist.
You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence, and Emergency Contact Information and that the Providers you access ("Provider(s)") are relying upon this certification in order to interact with you and provide the Services.
By subscribing to our Services, you agree to these Terms, and you acknowledge that we handle the information you provide us in accordance with our Privacy Policy.
Account Eligibility and Enrollment
To access the Services, you must first enroll to establish an individual user account ("Account"), by providing certain information as set out in the Privacy Policy. You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for Providers to send messages to you, you agree to:
- Provide true, accurate, current, and complete information about yourself as prompted by our Account enrollment form (understanding that during therapy sessions you may use a nickname); and
- To maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or EMPTY has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, Empty reserves the right to transition your treatment to another Provider outside of Empty or take other steps as appropriate.
- Certify that you are (i) over the age of eighteen (18) , or have the legal ability to consent to the Services or have your Parent/Guardian consent to the Services, and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account.
- Remain responsible for maintaining the confidentiality of your Account password and username (if any), and any other security information related to your Account at all times. Empty will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
Care Givers
You are always advised to exercise a high level of care and caution when 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 using or combining Empty with traditional face-to-face appointments, solely because of information you saw on the Website or advice you received through the care giver. Empty supports a holistic approach to mental health and the choices you have, to create the best therapeutic journey that matches your individual needs. If you feel that the Care Giver does not meet your expectations, you may change to a different Care Giver at any time.
Other than the guidance and advice you receive directly to you from your Care Giver, the graphics, educational and research sources and other incidental information on the Website or the Content, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Empty does not endorse any specific tests, medications, products, or procedures.
Empty reserves the right to limit the scope of clinical practice provided.
Intellectual Property
All Content available on or through the Service is the property of EMPTY or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, modify, retransmit, distribute, disseminate, sell, exploit, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Empty or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
"Empty," "Messaging" and "Live Video Audio Sessions" are copyrighted terms. All rights reserved. Subject to the Terms of this Agreement, Empty hereby grants you a limited, revocable, non-transferable, and non-exclusive license to use the software, network facilities, content, and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you to, and you agree not to:
- Modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service; or
- Transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, APP OR SERVICES OR OTHERWISE ARISING OUT OF, OR IN RELATION TO, THESE TERMS, YOU AGREE THAT EMPTY's TOTAL AGGREGATE LIABILITY TO YOU FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER CONTRACTUAL, TORTIOUS OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF PAYMENT MADE BY YOU TO EMPTY IN THE PAST 12 MONTHS, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCES SHALL EMPTY, ANY EMPTY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
User agrees that neither emptycare.com nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if emptycare.com has been advised of the possibility of such damages.
User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that emptycare.com shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to emptycare.com, if any, that is related to the cause of action.
Hyperlinks
Any link (including a hyperlink, button, or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation, or certification by Empty, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to Empty. Empty does not endorse the content on any third-party websites. Empty is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. Empty does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights, or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
Termination
Empty has the right (but not the obligation) to refuse to provide access to the Service to any person, agency, or organization for any illegal or improper use of the service, nonpayment or other material misuse of the services. Empty reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
Vouchers / Coupons / Promotions & Trial Subscriptions.
To redeem your coupon or voucher code, you must provide Empty with the requested coupon or voucher information. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable terms associated with each promotional offer ("Promotional Terms"). EMPTY reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. EMPTY reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. EMPTY does not guarantee that any promotional offers are or will be available to you at all, or in connection with any services desired by you.
From time to time, EMPTY may offer a Trial Subscription ("Trial Subscription") to receive introductory services. You may only receive one Trial Subscription. Without limitation, any attempt by You to receive more than one Trial Subscription, such as by creating alternate accounts, will be considered a material breach of these Terms.
Refunds
Except as prohibited under applicable law, EMPTY may at its sole discretion provide a full, partial, or pro-rated refund for services rendered.
Governing Law & Disputes (maybe revised)
Indian Users
The Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation or the use of the Services shall be governed by and construed in accordance with the laws of India, subject only to mandatory provisions of consumer law in the country in which you reside.
You agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services, the Terms or their subject matter or formation.
General
Empty's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Empty may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire agreement between Empty and yourself regarding the Service and supersede and mpty may revise these Terms from time to time without notice to you, except for material changes. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the Terms periodically.
These Terms of Use were last updated on March 31, 2022 and are deemed effective as amended as of this date.
INDEMNITY
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of emptycare.com or their breach of the terms .
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
Fraud & Privacy Notice
EMPTY does not require you to install an application to your computer nor do we support chat apps such as Wire, Whatsapp, or Signal for any legitimate use.
