Terms

Terms of Use

Read our terms below to learn more about your rights and responsibilities as a Now&Me user.

Terms of Use

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.

This Terms of Use agreement was last updated on feb 28, 2022.

Now&Me Enterprises Private Limited ("NEPL"), primarily operates, controls and manages the Services (as defined below) provided by it from its registered office at 23-A Third Floor, Shivaji Marg, Delhi, India-110027 (" Registered Office").

A. Acceptance of Terms

The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between NEPL and you. These Terms of Use contain provisions that define your legal rights and obligations with respect to your use of and participation in (i) the NEPL's mobile application and website, including the various functionalities, forums, Internet links and all content therein and NEPL's services available through the platform called Now&Me (collectively referred to herein as " Now&Me"), and (ii) the interactions between the users of Now&Me which includes Therapists and Sub-communities (as defined below) (each, an "User") through Now&Me (such services, collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all Users of Now&Me. Now&Me is owned and operated by NEPL.

You acknowledge that Now&Me serves as an unique platform which (i) helps people through peer support, (ii)(ii) provides the User with the option to join different sub-communities created within the Now&Me app (“Sub-communities”), and (iii) acting as a marketplace where visitors can book online sessions with duly qualified therapists verified and onboarded by NEPL on Now&Me (“Therapists”), and, by using, visiting, registering for, and/or otherwise participating in Now&Me, including the Services presented, promoted, and displayed on Now&Me, and by clicking on "I have read and agree to the terms of use, you hereby certify that: (1) you have the authority to enter into these Terms of Use, (2) you authorize the transfer of payment for Services requested through the use of Now&Me, if applicable, and (3) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using Now&Me. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in Now&Me immediately.

YOU SPECIFICALLY AGREE THAT BY USING NOW&ME, YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT OR IN THE ALTERNATIVE, YOUR LEGAL GUARDIAN HAS AGREED TO ENTER INTO THIS CONTRACT ON YOUR BEHALF AND YOUR USAGE OF NOW&ME IS UNDER SUPERVISION OF SUCH LEGAL GUARDIAN.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in Now&Me in any manner. If you use Now&Me or open an Account (as defined below) on behalf of a non-individual entity or group, you represent and warrant that you have the authority to bind that entity or group and your acceptance of the Terms of Use will be deemed an acceptance by that entity or group and "you" and "your" herein shall refer to that entity or group.

1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

NEPL reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and NEPL will post the amended Terms of Use on Now&Me. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of Now&Me following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access Now&Me.

2. PRIVACY POLICY

NEPL has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of Now&Me is governed by the Privacy Policy.

The Privacy Policy is located at:https://nowandme/privacy

B. Membership and Accessibility

1. LICENSE TO ACCESS

NEPL hereby grants you a non-exclusive, revocable license to use Now&Me as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of Now&Me in any medium without NEPL's prior written consent; (ii) you will not alter or modify any part of Now&Me other than as may be reasonably necessary to use Now&Me for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Now&Me.

2. MEMBERSHIP ELIGIBILITY CRITERIA

Use of Now&Me is available only to individuals who are

(i) at least 18 years old and can form legally binding contracts under applicable law, or in the alternative

(ii) under 18 years of age, but their legal guardians have agreed to enter into contract on their behalf and your usage of Now&Me is under the supervision of such legal guardian. You represent, acknowledge and agree that you are at least 18 years of age or your legal guardian has entered into contract on your behalf, and that:

(a) all registration information that you submit is truthful and accurate,

(b) you will maintain the accuracy of such information, and

(c) your use of Now&Me and Services offered through Now&Me do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

You need not register with NEPL to simply visit and view Now&Me, but to access and participate in certain features of Now&Me, you will need to create a password-protected account along with an OTP authentication ("Account"). To create an account, you must submit your name and email address through the account registration page on Now&Me and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to NEPL in providing you with a more customized experience when using Now&Me.

You are solely responsible for safeguarding your Now&Me Password ("Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify NEPL immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without NEPL's permission. You agree that you will not misrepresent yourself or represent yourself as another user of Now&Me and/or the Services offered through Now&Me.

You hereby expressly acknowledge and agree that you yourself and not NEPL will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of NEPL or others due to such unauthorized use.

You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):

  • You will not copy or distribute any part of Now&Me in any medium without NEPL's prior written authorization.
  • You will not alter or modify any part of Now&Me other than as may be reasonably necessary to use Now&Me for its intended purpose.
  • You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  • You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers", "scrapers," etc., to access Now&Me for any purpose without NEPL's prior written approval.
  • You shall not in any manual or automated manner collect User's information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Now&Me information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
  • You shall not in any way that transmits more request messages to Now&Me servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Now&Me reserves the right to revoke these exceptions either generally or in specific cases.
  • You shall not recruit, solicit, or contact in any form Users for employment or contracting for a business not affiliated with NEPL without express written permission from NEPL.
  • You shall not take any action that
    (i) unreasonably encumbers or, in NEPL's sole discretion, may unreasonably encumber the Now&Me's infrastructure
    (ii) interferes or attempts to interfere with the proper working of Now&Me or any third-party participation in Now&Me or
    (iii) bypasses NEPL's measures that are used to prevent or restrict access to Now&Me.
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from Now&Me, nor to use the communication systems provided by Now&Me for any commercial solicitation purposes.

3. ADDITIONAL POLICIES

Your access to, use of, and participation in Now&Me is subject to the Terms of Use and all applicable NEPL regulations, guidelines and additional policies that NEPL may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that NEPL publishes on Now&Me (the " Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, NEPL in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

C. Member Conduct

1. PROHIBITIONS ON SUBMITTED CONTENT

The User shall use the Services available on Now&Me subject to the following. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, software, or live stream incorporating all or some of the foregoing, to any part of Now&Me (whether to other Users or in the Sub- communities or to Therapists during therapy sessions), or the posting of any opinions or reviews in connection with Now&Me, the Services, the Users (all of the foregoing content is collectively referred to herein as "Submitted Content" and the posting of Submitted Content is referred to as a "Posting" or as " Postings" ) that:

  • misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any User; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 (" Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
  • invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage NEPL or any third party;
  • is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant NEPL all of the license rights granted herein;
  • contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
  • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a NEPL employee, agent, manager, host, another user, or any other person though any means;
  • advertises or solicits a business not related to or appropriate for Now&Me (as determined by NEPL in its sole discretion);
  • contains or could be considered " junk mail", "spam", "chain letters" , "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
  • contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
  • distributes or contains viruses or any other technologies that may harm NEPL, or the interests or property of Now&Me users;
  • contains links to commercial services or websites, except as allowed pursuant to the Terms of Use; is non-local or irrelevant content;
  • contains identical content to other Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of NEPL.

2. NO DISCRIMINATION

Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. NEPL will not knowingly accept any Posting which is in violation of the law. NEPL has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.

While using Now&Me, you shall not:

  • post content or items in any inappropriate category or areas on Now&Me;
  • violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
  • circumvent or manipulate the fee structure, the billing process, or fees owed to NEPL, if any;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Now&Me User);

The foregoing lists of prohibitions provide examples and are not complete or exclusive. NEPL reserves the right to (a) terminate your access to your Account, your ability to post to Now&Me (or use Services) and (b) refuse, delete or remove, move, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that NEPL determines is inappropriate or disruptive to Now&Me or to any other user of Now&Me and/or Services. NEPL may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at NEPL's discretion, NEPL will cooperate with law enforcement agencies in any investigation of alleged illegal activity on Now&Me or on the Internet.

NEPL does not and cannot review every Posting posted to Now&Me. These prohibitions do not require NEPL to monitor, police or remove any Postings or other information submitted by you or any other user. Please be advised that NEPL does not tolerate any objectionable content or abusive users on Now&Me.

D. Rules for Users

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Users shall not:

(a) post Submitted Content in a category that is inappropriate;

(b) include brand names or other inappropriate keywords in their Postings;

(c) use misleading titles that do not accurately describe the Submitted Content;

(d) include any information in their Profile that is fraudulent.

(e) offer a catalog or a link to a third-party website from which Users may obtain the Submitted Content directly;

(f) charge fees for the Submitted Content from the Users;

(g) use their Postings to promote services not offered on or through Now&Me and/or prohibited services;

(h) solicit Users to mail cash or use other payment methods not specifically permitted by NEPL as approved payment methods;

(i) include links that do not conform to NEPL's policies with respect to third-party links;

(j) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings;

(k) use profanity in any Posting;

(l) include third-party endorsements in a Posting;

(m) misuse the therapy sessions and/or harass the Therapists;

In case NEPL realizes that any User is involved in any of the above activities, NEPL holds the sole discretion to (i) blacklist the User and withhold any outstanding payments if any or (ii) cancel the Posting, or (iii) limit User's Account privileges; or (iv) suspend the Account.

E. Use of Submitted Content

1. NO CONFIDENTIALITY

Now&Me does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by users who have access to Now&Me is provided on a non-proprietary and non-confidential basis. You agree that NEPL shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. Such Submitted Content may also be disseminated to YouTube and Facebook.

NEPL may also disclose user information including personal information if NEPL reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate NEPL's liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).

Notwithstanding anything mentioned hereinabove in this section, it is clarified that all proceedings / discussions which occur between a User and a Therapist, shall be strictly confidential as per applicable law, and only the User who is undergoing therapy and his/her Therapist shall be privy to the same. All information recorded by the Therapists on Now&Me is stored in an encrypted manner.

2. YOUR REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that in addition to complying with the Terms of Use: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize NEPL to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by Now&Me and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by Now&Me and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through Now&Me.

3. YOUR OWNERSHIP RIGHTS AND LICENSE TO NEPL

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to NEPL for posting on Now&Me, you hereby grant, and you represent and warrant that you have the right to grant, to NEPL a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with Now&Me, and for the promotion and redistribution of any part or all of Now&Me, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of Now&Me a non-exclusive license to access your Submitted Content through Now&Me, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of Now&Me and under these Terms of Use.

4. NEPL'S DISCLAIMERS AND RIGHT TO REMOVE

  • NEPL does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and NEPL expressly disclaims any and all liability in connection with all Submitted Content. NEPL does not permit copyright infringing activities and infringement of intellectual property rights on Now&Me, and NEPL will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section F below, that such Posting or Submitted Content infringes on another's intellectual property rights. NEPL reserves the right to remove any Data or Submitted Content without prior notice. NEPL will also terminate a user's access to Now&Me, if he or she is determined to be a repeat infringer. A repeat infringer is Now&Me user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from Now&Me more than twice. NEPL also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material. NEPL may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
  • You acknowledge and understand that when using Now&Me, you will be exposed to Submitted Content from a variety of sources, and that NEPL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NEPL with respect thereto, and agree to indemnify and hold NEPL, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Now&Me.
  • You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through Now&Me, or transmit to other Now&Me users. You understand and agree that NEPL may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Now&Me users or others.

F. Copyright Infringement Take Down Procedure

NEPL has high regard for intellectual property and expects the same level of standard to be employed by its users. NEPL may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to Now&Me of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on Now&Me in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at info@nowandme.com.

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at Now&Me, and information reasonably sufficient to permit NEPL to locate the material.;

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

(iv) information reasonably sufficient to permit NEPL to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and

(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."

Only the intellectual property rights owner is permitted to report potentially infringing items through NEPL's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

G. Modifications to or Termination of Now&Me

1. MODIFICATION OR CESSATION OF NOW&ME

NEPL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Now&Me (or any part thereof) with or without notice and in its sole discretion. You agree that NEPL shall not be liable to you or to any third party for any modification, suspension or discontinuance of NEPL services.

2. TERMINATION BY NEPL

You hereby acknowledge and agree that NEPL, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel Now&Me or otherwise terminate your access to or participation in the use of Now&Me (or any part thereof), or remove and discard any Submitted Content on Now&Me ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if NEPL believes or has reason to believe that you have violated any provision of the Terms of Use.

3. TERMINATION BY YOU

You may cancel your use of Now&Me and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Account Preferences" to "Delete Account."

4. EFFECT OF TERMINATION

Upon termination of your Account, your right to participate in Now&Me, including, but not limited to, your right to utilize the Services shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of Now&Me, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in Now&Me. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Now&Me system.

Unless NEPL has previously cancelled or terminated your use of Now&Me (in which case subsequent notice by NEPL shall not be required), if you provided a valid email address during registration, NEPL will notify you via email of any such termination or cancellation, which shall be effective immediately upon NEPL's delivery of such notice.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of NEPL Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that NEPL shall not be liable to you or any third party for any termination of your access to Now&Me. Upon Termination of Service, NEPL retains the right to use any data collected from your use of Now&Me for internal analysis and archival purposes, and all related licenses you have granted NEPL hereunder shall remain in effect for the foregoing purpose. In no event is NEPL obligated to return any Submitted Content to you or take the same down.

You agree to indemnify and hold NEPL, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorney's fees and court costs, made by any third party due to or arising out of the Termination of Service.

H. Intellectual Property Rights

1. NEPL OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON NOW&ME

The content on Now&Me (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by NEPL. Other trademarks, names and logos on Now&Me are the property of their respective owners.

Data on Now&Me is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. NEPL reserves all rights not expressly granted in and to Now&Me and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through Now&Me for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of Now&Me or features that prevent or restrict use or copying of any Data or enforce limitations on use of Now&Me or the Data therein.

2. NEPL'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS

Now&Me contains NEPL's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and NEPL owns and retains all rights in NEPL Data and Marks. Subject to these Terms of Use, NEPL hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the NEPL Data (excluding any software source code) solely for your personal use in connection with accessing and participating in Now&Me.

Now&Me may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

I. NEPL Fees

Currently, joining Now&Me, opening an Account, posting Submitted Content and viewing the same is free. However, NEPL reserves the right at its sole discretion to charge fees to the Users for services that Now&Me may provide in the future. In order to avail therapy sessions from the Therapists, the User shall be required to pay for the sessions to NEPL in advance, which shall be paid out to the Therapist as per the terms between NEPL and the Therapist.

If applicable, you agree to pay all fees or charges to your Account based on NEPL's fees, charges, and billing terms then in effect. If you do not pay on time or if NEPL cannot charge your credit card, any payment gateway or other payment method for any reason, NEPL reserves the right to either suspend or terminate your access to Now&Me and Account and terminate these Terms of Use. You are expressly agreeing that NEPL is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of Now&Me.

Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to users of Now&Me. Further, you understand that NEPL shall not be responsible or liable in any manner in relation to tax liability of an User.

J. Dispute Resolution

If a dispute arises between you and NEPL, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and NEPL hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or Now&Me in accordance with this Section J or as we and you otherwise agree in writing.

The parties shall endeavour to settle any Dispute through friendly consultations and negotiations amongst the parties. "Dispute" means any dispute, difference, controversy or question arising in connection with the interpretation, performance, termination of this Terms of Use, or otherwise in connection with Now&Me. If no settlement can be reached through consultations of the parties within fifteen (15) days of the Dispute, either Party may, by delivering a notice of the Dispute to the other Party, refer such matter to be settled by arbitration by a sole arbitrator to be jointly appointed by the parties to the Dispute.

All arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 which is deemed to be incorporated herein by reference. The award shall be final and binding and may be enforced in any appropriate jurisdiction. The arbitrator shall decide any such Dispute strictly in accordance with the governing law specified in this Terms of Use. When any Dispute is under arbitration, except for the matters under Dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under this Terms of Use.

The costs and expenses of the arbitration, including, without limitation, the fees of the arbitration and the arbitrator, shall be borne equally by the parties to the Dispute and each party to such Dispute shall pay its own fees, disbursements and other charges of its counsel, except as may be otherwise determined by the arbitrator. The arbitrator shall have the power to award interest on any sum awarded pursuant to the arbitration proceedings and such sum would carry interest, if awarded, until the actual payment of such amounts.

The seat or legal place of the arbitration shall be New Delhi India. The language to be used in the arbitration shall only be English. Subject to the above, the parties agree to submit themselves to the exclusive jurisdiction of the courts of New Delhi, India. The Terms of Use shall be governed in all respects by the laws of India.

K. Third-party Links, Contact Forms and Phone Numbers

Now&Me may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into Now&Me using your existing account and log-in credentials for such third-party websites. Certain areas of Now&Me may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on Now&Me to be shared with your contacts in your third-party site account. Because NEPL has no control over such sites and resources, you acknowledge and agree that NEPL is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on Now&Me, links to third-party sites should in no way be considered as or interpreted to be NEPL's endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that NEPL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The third-party website may have different privacy policies and terms and conditions and business practices than NEPL. In certain situations, you may be transferred to a third-party website through a link or connected to a third-party resource by a contact form or phone but it may appear that you are still on Now&Me or transacting with NEPL. In these situations, you acknowledge and agree that the third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through Now&Me with any party other than NEPL are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

L. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF NOW&ME SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NEPL AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH NOW&ME, THE SERVICES OFFERED ON OR THROUGH NOW&ME, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON NOW&ME, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF NOW&ME OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOW&ME, THE SERVICES OFFERED ON OR THROUGH NOW&ME, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON NOW&ME IS PROVIDED TO YOU ON AN " AS IS", "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEPL DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF NOW&ME OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH NOW&ME BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM NOW&ME, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF NOW&ME OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA NOW&ME. NEPL DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH NOW&ME OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. NEPL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE THERAPY SECTION OF NOW&ME IS A MARKETPLACE AND NEPL MERELY ACTS AS A FACILITATOR BETWEEN USERS WHO ARE INTERESTED IN AVAILING THERAPY AND THERAPISTS WHO CAN PROVIDE THE SAME. CONSEQUENTLY, IT IS CLARIFIED THAT THE THERAPISTS ARE INDEPENDENT QAULIFIED INDIVIDUALS AND THERAPY PROVIDED BY THEM IS AS PER THEIR PRACTICE AND NEPL SHALL NOT BE CONSTRUED AS THE ENTITY PROVIDING SUCH THERAPY AND SHALL NOT BE RESPONSIBLE FOR THE SAME. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NEPL uses reasonable security measures in order to attempt to protect Submitted Content against unauthorized copying and distribution. However, NEPL does not guarantee that any unauthorized copying, use, or distribution of Submitted Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that NEPL shall not be liable for any unauthorized copying, use, or distribution of Submitted Content by third parties and release and forever waive any claims you may have against NEPL for any such unauthorized copying or usage of the Submitted Content, under any theory. THE SECURITY MEASURES TO PROTECT SUBMITTED CONTENT USED BY NEPL HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

M. Limitations of Liability

  • IN NO EVENT SHALL NEPL, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF NOW&ME OR ANY SERVICES OFFERED VIA NOW&ME; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF NOW&ME OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH NOW&ME BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM NOW&ME; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF NOW&ME OR SUBMITTED CONTENT; (VII) ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF NOW&ME; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF NOW&ME OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH NOW&ME, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEPL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  • NEPL SHALL NOT BE LIABLE FOR ANY ACTS /ADVICE OF THE THERAPISTS SINCE THEY ARE INDEPENDENT QUALIFIED INDIVIDUALS WHO HAVE BEEN ONBOARDED ONTO NOW&ME, WHICH IS MERELY A MARKETPLACE FOR CONNECTING THE USERS DESIROUS OF AVAILING THERAPY AND THERAPISTS.
  • IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF NEPL, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO NOW&ME, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO NEPL BY YOU HEREUNDER.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT NEPL SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEPL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER.

NOW&ME MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY NEPL. NEPL DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, NEPL WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING NOW&ME, YOU EXPRESSLY RELIEVE NEPL FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON NOW&ME.

N. Force Majeure

Neither NEPL nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, pandemics, epidemics, acts of declared or undeclared war, acts of regulatory agencies or governmental authorities, or national disasters.

O. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NEPL, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN NOW&ME; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF NOW&ME.

IF YOU HAVE A DISPUTE WITH ONE OR MORE NOW&ME USERS, YOU FOREVER RELEASE NEPL (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF NOW&ME AND/OR ANY SUBMITTED CONTENT.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY NEPL WITHOUT RESTRICTION.

P. Notice

You agree that NEPL may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on Now&Me. You may give notice to NEPL by written communication to the address mentioned at the start of the Terms of Use.

Q. General Information

1. ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by NEPL on Now&Me, shall constitute the entire agreement between you and NEPL concerning Now&Me. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and NEPL's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

2. STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to Now&Me must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

3. SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

4. NEPL IS NOT A PARTY

Each User acknowledges, agrees and understands that NEPL only seeks to provide a platform wherein the Users can be brought together or whether Users and Therapists can be connected and NEPL itself has not role in the Submitted Content. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of Now&Me.

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