By using, accessing, viewing, subscribing to services offered by 3am therapy.com including any webpage, feature, information, data contained therein you agree to be bound by and abide by the following terms and conditions under which these services are offered. You should not use any 3am therapy.com services in case any of the terms and conditions are not acceptable to you. You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requiwebsite authority to represent and bind the other party to this Agreement.
You shall not use this service if you are not competent to contract under the applicable laws, rules and regulations. This Agreement shall continue to be in full force and effect for so long as you are using the 3am therapy.com services. 3am therapy.com may at any time modify the terms and conditions ("Terms") of the service without any prior notification to you. You can access the latest version of the Terms here at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.
3am therapy.com reserves the right, in its sole discretion, to terminate your access to the 3am therapy.com services and the related services or any portion thereof at any time, without notice.
To avail of and use the 3am therapy.com services you have to register with 3am therapy.com. As a part of registration process you agree to provide 3am therapy.com current, complete, and accurate registration information as prompted to do so and to maintain and update this information as required to keep it current, complete and accurate. If you provide any information that is untrue, inaccurate, not current or incomplete, or 3am therapy.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 3am therapy.com has the right to indefinitely suspend or terminate your usership and refuse to provide you with access to 3am therapy.com services. You shall be responsible for maintaining the confidentiality of your password, which you will not be under any obligation to reveal to any representative or agent of 3am therapy.com. usership is non-transferable. You further consent to receive communications from 3am therapy.com electronically. 3am therapy.com will communicate with the therapists by email or by posting notices on the website/service.
Definition of service: 3amtherapy.com provides a platform where a therapist may present his or her profile information, expertise, and sell listening services/ psychotherapy to interested 3am therapy.com users (“service user”). 3am therapy.com makes no representation or warranty whatsoever as to the willingness or ability of users to pay for listening or any advice given by the therapist. Therefore, therapist is encouraged to verify the details and credit-worthiness of those users to whom therapist gives or contemplates giving advice.
Disclaimer of Warranty and Limitation of Liability
The therapist acknowledges and agrees that 3am therapy.com is being provided for use as is, and therefore therapist will not have any plea, claim or demand vis-a-vis 3am therapy.com in respect to 3am therapy.com’s users, properties, limitations or compatibility with the therapist’s needs. The use of 3amtherapy.com is accordingly being made at the therapist’s sole and entire risk, without warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security or accuracy. 3amtherapy.com expressly disclaims all warranties for information posted or transmitted by its users. If a therapist decides to provide his or her services through the use of 3amtherapy.com, therapist must exercise a reasonable standard of care, at least the same as therapist would in a similar transaction not conducted through the internet, or the standard of care mandated by his or her profession, whichever is higher. The therapist shall not have any plea, claim or demand against 3amtherapy.com, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of any services that the therapist decides to provide in connection with the use of 3amtherapy.com. 3am therapy.com will not be deemed the provider or recipient of any services provided or acquired through 3am therapy.com.The sale or purchase of services is accordingly effected at the therapist’s sole and entire risk. Under no circumstances will 3am therapy.com, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any therapist for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in action of contract, negligence or other tortious action, or arising from the services or any provision of this agreement. 3am therapy.com, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents’ aggregate liability for direct damages arising with respect to this agreement will not exceed the total amount of money paid to 3am therapy.com by the therapist in the six month period prior to the date the claim arose. Therapist acknowledges and agrees that 3am therapy.com disclaims any liability with respect to any claim, suit or action brought by a user in connection with provision of any services by therapist (including, without limitation, representations by the therapist as to therapist’s qualifications and advice/psychotherapy provided by the therapist) through the 3am therapy.com service and therapist agrees to indemnify and hold 3am therapy.com harmless in connection with any such claim and any damages or expenses arising there from.
3am therapy.com will not be liable for enforcing any agreement that was made between a therapist and a user, including therapist fee agreement. Therapist will be solely responsible for any agreement made with a user. Therapist further acknowledges that therapist will be solely responsible and liable for any damages to any user to whom therapist provides services and where that user suffers damages arising from or connected to such services. In the event of a dispute regarding any transaction conducted through 3amtherapy.com, therapist hereby releases 3am therapy.com and its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney’s fees, which therapist may have against one or more of the above.
If you are a physician, mental health professional or other medical therapist: the advice or information you provide to users is for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the user by a medical professional. You will provide information and advice only about non-emergency matters. For emergency matters you will instruct the user to immediately contact his/her local emergency assistance number. If you are a physician, mental health professional or other medical therapist, you will not engage in the practice of prescribing medications or enter into a physician/patient relationship with any user through 3amtherapy.com for any purpose other than counseling/psychotherapy. In addition, you agree that you:
Additional therapist Representations and Warranties
By submitting the therapist registration form, you, the therapist, represent, warrant and agree to the following:
The aforementioned is an ongoing affirmative obligation for the therapist to maintain and update on a regular basis.
You, the therapist, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using 3am therapy.com as a therapist, you will act according to the following rules:
Limitation of Liability
To the maximum extent permitted by applicable law, 3am therapy.com hereby expressly excludes any liability for any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage incurred by any user in connection with the website or in connection with the use, inability to use, or results of the use of the website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
In particular, 3am therapy.com is not liable for any damages or losses resulting to you or a third party from:
user Name and Password
When you, the therapist, create and open an account with 3amtherapy.com, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify 3amtherapy.com of any unauthorized use of therapist’s password, user name, e-mail, or any other breach of security. 3amtherapy.com encourages therapist to change their password at least once a month. 3amtherapy.com will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. 3amtherapy.com will hold you liable and responsible for any losses incurred by 3amtherapy.com due to someone else’s use of your account or password.
Therapist and user Communication
The main purpose of 3amtherapy.com is to provide a platform for registered therapists to provide users with listening, counselling, therapy and advice services that they seek. By utilizing 3am therapy.com therapists and users can negotiate and enter into a contract. 3amtherapy.com does not screen or edit the content of communications between therapists and users, but 3amtherapy.com may screen, copy, transmit and review all communications conducted by or through 3am therapy.com for technical support, training and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the user and the therapist agree to other distribution, for example, by posting questions or services on the Public Board (described later). All communications between therapists and users are NOT encrypted and thus may be subject to unauthorized interception and monitoring.
3amtherapy.com may make a Public Board available to its therapists and users. The Public Board allows users to post questions or service requests that can be viewed by all therapists and users. Requests may be posted anonymously. A user can designate the length of time they wish to have their question remain “in view” on the public board. All postings, descriptions, etc. are public until a user enters into a personal negotiation with a therapist. All subsequent communications between the user and therapist, including both the negotiation phase and the actual relaying of service, are not available to other 3amtherapy.com users and are confidential between the therapist and user.
3amtherapy.com clearly denotes to its users which communications are visible to the public and those that are visible to specific, individual users only.
All information provided to a therapist via chat or phone based services is confidential. This information cannot be shared with another person. Chat logs and phone conversations are not recorded.
Termination of Access to the website
Termination of Account by therapist
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of India, and any legal proceeding arising out this Agreement will occur exclusively in the courts located in 3am therapy.com. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between 3amtherapy.com and user with respect to the subject matter hereof, and user has not relied upon any promises or representations by 3amtherapy.com with respect to the subject matter except as set forth herein.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.