These Terms and Conditions (the “Terms and Conditions”) are made and entered into by and between Godzown Trinity (“Company”, “we”, “us”, or “our”), the owner of the Platform and registered under the laws of India, and any person (“User”, “you” or “your”) who accesses and uses the Platform by ticking/ selecting the “I agree” box, agrees to these Terms and Conditions.

Please read these Terms and Conditions, and our Privacy Policy, which may be found on the Platform, and which are incorporated by reference into these Terms and Conditions.

Your failure to abide by these Terms and Conditions or any other terms or conditions posted anywhere on the Platform, may result in suspension or termination of your access to the Platform, without notice, in addition to our other remedies.

By visiting, accessing, and/or using the Platform, we understand that you have fully read, understood, and accepted to be bound by these Terms and Conditions, whether or not you are a registered user or customer of the Platform.

1. Definitions
   1. “Confirmed Booking” or “Booking Confirmation” means any and all written or electronically transmitted booking confirmation sent by the Company to the Users, and which may include, without limitation, date, time and location, reference number and any special conditions;
   2. “Content” means any information published on the Platform including but not limited to, data, works of authorship or other materials delivered in text, photographic, audio, visual or audio-visual format;
   3. “Counsellor” means a professional psychologist, psychiatrist, medical practitioner, therapist, wellness advisor, expert, doctor, coach, consultant, alternative therapist or such other mental health professional or caregiver who is qualified to and is engaged by the Company to provide therapy and counselling sessions and such other services through the Platform;
   4. “Counsellor Service(s)” means therapy, consulting, professional advice, and any other services provided by the Counsellor;
   5. “Intellectual Property” means patents, copyright, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case, whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
   6. “Party” and “Parties” means the Company and the User referred to individually and collectively, respectively;
   7. “Platform” means [www.theataraxis.com] and any successor website and/or mobile application of the Company;
   8. “Platform Service(s)” means the online services provided by the Company via the Platform; and
   9. “Session” means an interactive video call or audio call appointment booked by a User to avail the Counsellor Services offered by a Counsellor via the Platform.
2. eligibility

By using the Platform, you agree to our Terms and Conditions, and represent that you are of legal age to form a binding contract with us and meet all the eligibility requirements herein.

3. scope of service
   1. Through the Platform, the Company provides Platform Services including but not limited to (i) providing an online Platform for its Users to book and avail the various Counsellor Services via videocall; (ii) self-care tools including but not limited to yoga video, meditation videos, and videos of professionals sharing their thoughts on different aspects of mental health; (iii) interactive community column where Users can share their mental health struggles and challenges; and (iv) any special or additional service as the Company may offer to Users from time to time.
   2. The Company merely provides a Platform for Users to make use of its Platform Services. All transactions shall be the responsibility of the Users only. The Agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between the Company and its Users.
   3. To the extent you access the Platform through any device, your wireless service carrier's standard charges, data rates and other fees may apply. By using the Platform, you agree that we may communicate with you regarding the Platform Services by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Platform by push notifications, reminders, and alerts for the purpose of providing our Platform Services and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at our sole discretion and we owe no responsibility to provide you any prior information regarding such change except as published on the Platform.
4. account registrAtion
   1. To become a registered User there is a proper procedure which is for the convenience of Users so that they can easily register themselves as Users on the Platform.
   2. Users can become a registered User by creating a personalized account by filling an online registration form on the Platform by giving desired information (name mobile number, email address, etc.) (the “Account”). Alternatively, each Account should have a unique username and a password. Users may also sign up via a third-party application like google or such other applications as accepted on the Platform
   3. Users may be required to verify their mobile number and email address by a one-time password (OTP) in order to register an Account.
   4. Each User is responsible for maintaining the security of their Account and for all activities that occur under the Account and any other actions taken in connection with the Account. Users shall undertake to provide accurate and complete information and keep their Account information and the Account updated. User may not share their password with unaffiliated third parties. You agree to notify the Company immediately of any unauthorized use of Account, or any other breach of security. You are fully responsible for all usage of your password, Account and username, or registration, whether by you or others. The Company is authorized to act on instructions received through your Account and is not liable for any loss or damage arising from your failure to comply with this Clause.
   5. Your Account, including any information pertaining to it (e.g., contact information, Account history, etc.), is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account.
   6. By creating an Account, you consent to the inclusion of your personal data in our online database and authorize the Company to share such information with the Counsellor or such other parties wherever necessary. The Company may refuse registration and deny the registration and associated User ID and Password to any User for whatever reason, the Company may deem fit. The Company may suspend or terminate an Account at any time without any prior notification in interest of the Company or general interest of its Users without giving any reason thereof. A User(s) who has an Account is not a part or affiliate of the Company in any way.
   7. You consent to be contacted by us through phone calls, text messages, notifications, or any other means of communication, in respect to the Platform Services.
   8. You can delete your Account at any time by contacting the Company or simply go to the “My Account” section and select “Delete Account”. Notwithstanding the foregoing, if you have a Confirmed Booking of one or more Customers, the Platform will not allow you to delete your Account unless the Confirmed Booking(s) is cancelled or completed.
5. booking counsellor services
   1. The Company offers its Platform Services including Counsellor Services to the Users via the Platform.
   2. To book a Counsellor Service, you can login to your Account and book a Session with the Counsellor of your choice, subject to the type of Counsellor Services provided by such Counsellor and their availability for a Session.
   3. When a User books a Counsellor Service, through the Platform, such booking is required to be accepted by the Company and the Counsellor, before it is confirmed. The Company will send the User, a Booking Confirmation notification when the booking has been accepted. You understand and acknowledge that the agreement for the supply and provision of any Counsellor Service booked by the User shall come into existence only when the Company sends the User, the Booking Confirmation. The Company may, in its sole discretion, decide to not provide Counsellor Services to a User.
   4. The Counsellor, not the Company, is solely responsible for honouring any Confirmed Booking and making available any Counsellor Services reserved through the Platform. If you, choose to enter into a transaction with a Counsellor for the booking of a Counsellor Service, you agree and understand that you may be required to enter into an agreement with the Counsellor and you agree to accept any terms, conditions, rules, and restrictions, associated with such Counsellor Services, imposed by the Counsellor.
   5. You are responsible for paying for the Counsellor Services booked using your Account, and for related charges (collectively, the “Fee”), and for complying with these Terms and Conditions.
6. rescheduling
   1. If due to any reason you cannot attend a Session for which you have received a Confirmed Booking, you may reschedule the Session no less than [12 hours] before the commencement of the Session.
   2. In the unforeseen event wherein a Counsellor is unable to attend/ take a Session that has been booked with/ by you, you will have the right to reschedule for another time or (where you have paid in advance for the session) you will have a right to initiate refund for that particular Session/ booking.
7. payment and fees
   1. Payments may be made by debit card, credit card, or other payment method as may be made available on the Platform from time to time.
   2. If you wish to pay with a debit or credit card, your preferred debit or credit card will be authorised, and the corresponding Fee will be debited with respect to the Confirmed Booking. By selecting payment by debit or credit card, each User hereby expressly consents to, authorizes, and instructs the Company to charge the debit or credit card provided by the Customer.
   3. We are authorized by our Counsellor to accept payment on their behalf and payment of the Fee for any Counsellor Service to us will fulfil your obligation to pay the Fee to the Counsellor. By booking any Counsellor Service through the Platform, you confirm and warrant that you are authorized to use the payment method that you utilized for booking the Counsellor Service.
   4. Upon your payment of Fee, the third-party payment processor is responsible for remitting such amounts to the Counsellor. In the event that any such amounts are not remitted to a Counsellor, such Counsellor will have recourse only against the payment processor.
   5. For any Confirmed Booking of Counsellor Services, Users unconditionally and irrevocably undertake to pay the Fee in full to the Company in accordance with these Terms and Conditions. Users shall bear all applicable VAT and credit card fee associated with any payment made to us.
8. cancellation and refund
   1. Cancellation
      1. We may, in its sole discretion, not honour a Confirmed Booking, or cancel a Confirmed Booking for any reason. Refund for a cancelled Confirmed Booking will be initiated according to this Clause. 
      2. If the Counsellor does not join a Session or cancels a Confirmed Booking, you shall be eligible for a full refund of the Fee paid.
      3. If a User cancels a Confirmed Booking no less than [12 Hours] before the commencement of a Session, the User is eligible for a full refund of the Fee paid.
   2. Refund
      1. You are eligible for a refund when we have not been able to provide you with the services of a Confirmed Booking, due to a technical error, or if found to be eligible for a refund in the sole discretion of the Company.
      2. If you are eligible for a refund, we will process the refund within twenty-four (24) hours of the notice. It may take up to fifteen (15) business days for the funds to reach the bank account of the User.  
9. platform calendar

The Platform creates a personalized calendar for each User to keep track of any upcoming Confirmed Bookings with a Counsellor and any other Platform Service that you may have enrolled in. While we do our best to keep your calendar updated, we encourage you to make a note of any changes to your calendar to ensure that you do not miss any Session or Platform Service. We do not take responsibility for any missed Session or Platform Service and the terms of our Cancellation and Refund Clause will apply.

10. POSTING YOUR CONTENT ON the PLATFORM
    1. Some of the Content displayed on the Platform may be provided or posted by User(s) or third-party. User(s) or third party can post Content on certain sections of the Platform, they may need to pay for this Platform Service. In this case, the Company shall not be the author of such Content. Any content provided or posted on the Platform by a User(s) or third-party shall be the sole responsibility of the party who has provided or posted such content on the Platform. The Company shall not be responsible for the accuracy, propriety, lawfulness, or truthfulness of any User(s) and/or third-party content and shall not be liable to any User(s) in connection with their reliance on such third-party content. In addition, the Company is not responsible for the conduct of User(s) activities on the Platform and shall not be liable to any User in connection with any damage suffered by any User as a result of another User's conduct.
    2. User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to the Company to display and use all information provided by them in accordance with the purposes set forth in these Terms and Conditions and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third-party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Platform, including but not limited to rights of personality and rights of privacy, or affecting or relating to Platform Services that are offered or displayed on the Platform ("Third-Party Rights").
    3. User(s) hereby represent, warrant, and agree that information submitted to the Company for display on the Platform will not:
       1. contain fraudulent information or make fraudulent offers, or otherwise promote other illegal activities;
       2. be part of a scheme to defraud other User(s) of the Company or for any other unlawful purpose;
       3. relate to sale of Platform Services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third-Party Rights;
       4. violate any applicable law, statute, ordinance, or regulation (including but not limited to those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
       5. be defamatory, libelous, unlawfully threatening or unlawfully harassing;
       6. be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
       7. promote discrimination based on race, sex, caste, religion, nationality, disability, sexual orientation, or age;
       8. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
       9. solicit business from any User(s) in connection with a commercial activity that competes with the Company;
       10. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting, or expropriating any software or hardware system, data, or personal information;
       11. link directly or indirectly to or include descriptions of services that are prohibited under the prevailing law; or
       12. otherwise create any liability for the Company or its affiliates.
    4. The Company reserves the right in its sole discretion to remove any Content displayed on the Platform which it reasonably believes is unlawful, could subject the Company to liability, violates these Terms and Conditions or is otherwise found inappropriate in the Company’s opinion. The Company reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third-parties in the investigation of any suspected criminal or civil wrongdoing.
    5. In connection with any of the foregoing, the Company may suspend or terminate the Account of any User as the Company deems appropriate in its sole discretion. User(s) agree that the Company shall have no liability to any User(s), including no liability for consequential or any other damages, in the event the Company takes any of the actions mentioned in this Clause, and that you agree to bear the risk that the Company may take such actions.
    6. The Company acts as a service provider and is not responsible for the information provided by User(s) to be displayed on the Platform.
11. privacy policy

Personal information provided by Users during the use of the Platform is governed by our Privacy Policy.

12. Third party links
    1. The Platform contains links to third-party websites as well as third-party content, maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by us of the contents of such third-party websites and we hereby expressly disclaim any representations regarding any third-party content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites and/or third-party content, you do so at your own risk.
    2. For avoidance of doubt, the Terms and Conditions do not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any third-party content.
13. intellectual property rights
    1. The Company is the sole owner and/or lawful licensee of all the rights to the Platform’s Intellectual Property.
    2. All rights not otherwise claimed under the Terms and Conditions or by us, are hereby reserved. The information provided on the Platform is intended, solely to provide general information for the personal use of the User, who accepts full responsibility for its use. The Company does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded, or accessed from, the Platform or otherwise, the quality of any Platform Service, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in connection with the Platform and/or the Platform Services.
    3. The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omission(s) in any portion of the Platform or the Content.
    4. The Company respects the intellectual property rights of others, and we expect our User(s) to do the same. We believe that User(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases, or listings available on or through the Platform for the purpose of re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with the Company, or otherwise commercially exploit the Content. Systematic retrieval of Content to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through automatic devices or manual processes) without written permission from us is prohibited and all consequences arising out of your actions will be your sole responsibility.
    5. In addition, use of the Content for any purpose not expressly permitted in this Terms and Conditions is prohibited and may invite legal action. As a condition of your access to and use of the Platform, you agree that you will not use the Platform to infringe the intellectual property rights of others in any way. The Company reserves the right to terminate the Account of a User(s) upon any infringement of the rights of others in conjunction with the use of the Platform, or if we believe that User(s) conduct is harmful to the interests of the Company, its affiliates, or other users, or for any other reason in our sole discretion, with or without cause.
14. Code of conduct

Users shall abide by the following code of conduct:

14. 1. Users shall be courteous and respectful of others and not use words or share Content which may be inflammatory or offensive.
    2. The Company strictly prohibit unlawful discrimination or harassment based on race, sex, color, caste, religion, veteran status, nationality, origin, ancestry, pregnancy status, gender identity or expression, age, marital status, mental or physical disability, medical condition, sexual orientation, or any other characteristics protected by law.
    3. Any comment or other Content posted by Users shall be expressed in the original words of the Counsellor. Do not copy another’s comment and pretend that it is your own. If a User quotes anything from an external source, you agree to credit such external source.
    4. Users shall be dressed appropriately and decently for a Session.
    5. Users shall not join a Session or otherwise use the Platform under the influence of drugs, alcohol or any other psychotropic substances whether prohibited or regulated.
    6. Users shall not discriminate, harass, and engage in any other forms of bullying towards any User.
    7. Users shall under no circumstances send threats of bodily harm or otherwise, whether through the Platform or otherwise to any other User. Upon our discovery of such an event, the Company may terminate and permanently ban the Accounts of the User.
    8. Users shall always strive to be available on the agreed upon time slots. If you are unable to join a Session on a particular day, then the User shall inform the Company no less than [12 Hours] before the commencement of a Session and subsequently reschedule the Session by coordinating with the Counsellor.
    9. Users shall not advertise products or services without the prior consent of the Company or use the Platform for any unauthorised campaigning. If User repeatedly posts to promote or campaign for something, even if it is not commercial, it will be considered spam.
    10. Users shall not use the Platform in a way which may be considered a misuse of the services provided through the Platform.
15. REPRESENTATIONS

Each Party hereby represents that:

15. 1. The Parties have the power, capacity, and authority to enter into and perform its obligations under this Agreement;
    2. This Agreement is legal and binding on such Party;
    3. The execution, delivery, and performance of this Agreement will not violate the provisions of any contract or other undertaking or instrument to which it is a party, or which is binding upon it or any of its assets; and
    4. The Parties will perform all acts, conditions and things required to be done, fulfilled, and performed in order: (i) to enable it lawfully to enter into, exercise its rights under and perform its obligations expressed to be assumed by it in this Agreement; (ii) to ensure that the obligations expressed to be assumed by it in this Agreement are legal, valid, and binding; and (iii) to make this Agreement admissible in evidence in the jurisdiction in which it is incorporated, have been done, fulfilled, and performed.
16. termination
    1. Most of the Content and certain features of the Platform are, made available to Users, free of charge. However, the Company reserves the right to terminate access to certain areas or features of the Platform to any and all its Users whether paying or registered, at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular Users to any and/or all of its Platform Services and/or Content without any prior notice/explanation in order to protect the interests of the Company and/or other Users. The Company reserves the right to limit, deny or create different access to the Platform and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.
    2. The Company withholds the right to temporary or permanent termination of Account of any User for reasons including, but not limited to:
       1. for the breach of any provision(s) of this Terms and Conditions by User(s);
       2. utilization of the Platform to send spam messages or repeatedly publish the same service information;
       3. post any material that is not related to the Platform Services;
       4. impersonate or unlawfully use another User(s) name to post information or conduct business of any form; or
       5. any unauthorized access, use, modification, or control of the Platform data base, network, or Platform Services.
    3. If we terminate a User’s Account, User(s) will not have the right to re-enrol or join the Platform under a new account or name unless formally invited to do so by us. User(s) hereby agree that in no event shall the Company be liable to the User(s) or any third-parties for any inability to use the Platform (whether due to disruption, limited access, changes to or termination of any features on the Platform or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Platform or any of its features.

17. indemnification
    1. The User agrees to indemnify, hold harmless and defend the Company, its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of or in connection with: (i) User’s Content; (ii) User’s unauthorized use of the Platform and/or the Platform Services; (iii) User’s access to Platform and/or the Platform Services ; (iv) User’s violation of any third party rights (v) User’s breach of this Terms and Conditions including but not limited to, any infringement by the User of the copyright or intellectual property rights of any third party.
    2. The Company retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at User’s expense, to assume the exclusive defence and control of any matter for which User is required to indemnify us and the User agrees to cooperate with our defence of these claims. The Company will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it.
    3. This defence and indemnification obligation will survive this Agreement and your use of the Platform Services.
18. disclaimer and limitation of liability
    1. While we do our best to provide our Users with the best and most reliable information, we accept no responsibility for any errors or omissions, or for the results obtained from the use of any information. All information on the Platform is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of such information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to its Platform, Platform Services, and/or Content. User(s) of the Platform must hereby acknowledge that any reliance upon any Content shall be at their sole risk.
    2. Any Content we supply does not constitute individual advice and furthermore we cannot guarantee that the skills and suggestions in it will work for you personally.
    3. Except as required by applicable law, the Company, its affiliates, officers, directors, employees, and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by: (i) errors, mistakes, or inaccuracies on the Platform and/or Platform Services; (ii) personal injury or property damage resulting from your use of the Platform Services; (iii) any unauthorised use of the Platform and/or Platform Services; (iv) any interruption or cessation of the Platform and/or Platform Services; (v) any viruses or malicious code transmitted to or through the Platform; (vi) any Content whether submitted by a User or the Company, including your use of Content; and/or (vii) the removal or unavailability of any Content. This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
    4. In no event shall the Company, its affiliates, officers, directors, employees, and agents be responsible or liable with respect to any subject matter of this Terms and Conditions, for any amount that together with amount associated with all other claims, exceeds the Fee paid by the User in the preceding six (6) months.
19. user complaints

If you have any questions or complaints about our Platform Services or Content, please contact us. You can speak to our customer service team at [+91-9717585135] or write to us at info@theataraxis.com.

20. LICENSE GRANT

The Company, subject to the Terms and Conditions, provides the User a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with this Terms and Conditions. It is expressly prohibited, without the prior express permission from us, to use, reproduce, modify, distribute, or store any content available thereto for purposes other than using the Platform consistent with this Terms and Conditions.

21. geographical restrictions

We do not represent that content or services available on or through our Platform are appropriate for use or available in locations other than India. You must only access our Platform or purchase any services through them if it would be lawful to do so in the country where you reside.

22. governing law
    1. This Agreement shall be governed and construed in accordance with applicable federal laws and regulations and by the laws within the jurisdiction of India.
    2. The Parties hereto (i) agree that any action, proceeding, claim or, dispute arising out of, or relating in any way to, this Agreement shall be brought and enforced in the courts of Delhi, India and irrevocably submit to such jurisdiction and venue, which jurisdiction and venue shall be exclusive, and (ii) waive any objection to such exclusive jurisdiction and venue or that such courts represent an inconvenient forum. 
23. dispute resolution
    1. All disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties within thirty (30) days of being brought to their attention, will then be settled by arbitration governed by the provisions of appropriate arbitration laws. If the Parties are not able to agree on a sole arbitrator, a panel of three (3) arbitrators shall be appointed wherein each Party shall appoint one (1) arbitrator, and the two (2) arbitrators together shall appoint the presiding arbitrator.
    2. The venue/seat of Arbitration shall be Delhi, India and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect. The decision of the Arbitrator(s) will be final and binding on all the Parties.
24. modification of terms and conditions

We reserve the right, at our sole discretion, to modify our Platform, Platform Services, or to modify this Terms and Conditions anytime and without prior notice. If we modify this Terms and Conditions, we will post the modification on our Platform or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of this Terms and Conditions. By continuing to access or use our Platform after we have posted a modification on our Platform or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using our Platform and/or Platform Services.

25. miscellaneous
    1. Notice: Any notice or other communication provided herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) or E-mail to the Company’s addresses as mentioned in this Terms and Conditions and to the address of the User as provided to us by the User in writing at the time of registering on the Platform.
    2. Entire Agreement: This Terms and Conditions along with other documents as and when updated on the Platform shall constitute the entire agreement between the Parties relating to the subject matter contained in this Agreement and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties whether oral, written or otherwise.
    3. Relationship Between Parties: Parties shall be considered independent of each other and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations, or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.
    4. Electronic Signatures/ Counterparts: This Terms and Conditions may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. For purposes of this Terms and Conditions, the use of an email, or other electronic media shall have the same force and effect as an original signature.
    5. Feedback: The User may at their sole discretion choose to submit comments, inputs, suggestions, ideas, or other feedback about the Platform, including but not limited to, regarding the possible creation, modification, correction, improvement, or enhancement of the Platform (the “Feedback”). By submitting any Feedback, the User acknowledges and accepts that the Company is free to use such Feedback in any way the Company chooses without any compensation or notice to the User, and the User hereby grants to the Company a perpetual, irrevocable, non-exclusive, worldwide license to incorporate and use the Feedback for any purpose.
    6. Confidentiality: Any communication made by the User(s) to the Company via or on the Platform is confidential. However, your communication may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from and to the Company may be monitored and recorded.
    7. FORCE MAJEURE: The Company shall not be liable for any failure or delay in performance of this Terms and Conditions, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to internet failures, computer, telecommunications or any other equipment failures, electrical power failures, acts of God, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labor activity, or strike, court order or any other cause outside our exclusive and direct control.
    8. Severability: Whenever possible, each provision of this Terms and Conditions will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Terms and Conditions will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
    9. Survivability: All clauses that logically ought to survive the termination of this Terms and Conditions shall survive.
    10. Successors and Assigns: This Terms and Conditions shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.
    11. Waiver: No failure or delay by a Party in exercising any right, power or remedy under this Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by a Party of any breach by any other Party of any provision hereof shall be deemed to be a waiver of any preceding or subsequent breach of that or any other provision hereof.
    12. Affirmation of Parties: The User affirms that they have entered into this Terms and Conditions freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Terms and Conditions and have read and understood the terms contained herein.
    13. Gender and Plurals: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Terms and Conditions and not to any provision or section.
    14. Headings: Headings used in this Terms and Conditions are provided for convenience only and shall not be used to construe meaning or intent.
    15. Contact us: If you have any queries regarding these Terms and Conditions, feel free to contact us at info@theataraxis.com.

You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.