GENERAL TERMS OF USE

Welcome to www.buck-up.in. This Website is owned and operated by ETSC Computers Private Limited , a company incorporated in India, having its registered office at 417, III Floor , Shalimar Complex, Church Road , M I Road , Jaipur-302001 (the “Company” or “us” or “we”, which expression would mean and include its officers, successors and permitted assigns). The Website is an online platform for Providing Counseling towards overcoming Stress, Anxiety & Depression & providing services which support to overcome Stress, Anxiety & Depression.

1. APPLICABILITY AND AMENDMENT OF TERMS

1.1 These terms and conditions of use (“Terms of Use”) and the privacy policy available at www.buck-up.in (“Privacy Policy”) apply to all visitors, and all the users (customers & service providers) of the Website (“users” or “you”). We request you to carefully go through these Terms of Use and the Privacy Policy before you decide to access this Website or use the Services made available on the Website. These Terms of Use and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and the Company in connection with your visit to the Website and your use of the Services. The above mentioned constituents of the Agreement shall at all times, be read together and shall be deemed to be incorporated herein by reference.

1.2 Your use of the Website or the Services will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by the terms of the Agreement, you may not access or otherwise use the Website or the Services.

1.3 We reserve the right to modify or terminate any portion of the Website or the Services offered by the Company or amend the Terms of Use for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms of Use periodically. The Company may require you to provide your consent to the Terms of Use, as updated, in a specified manner before any further use of the Website and the Services. If no such separate consent is sought, your continued use of the Website will constitute your acceptance of such changes.

1.4 Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.

2. REGISTRATION AND ACCESS

2.1 In order to avail/provide the Services, you will have to register on the Website and become a registered user/service provider. To register on the Website, you will have to provide certain information such as your name, contact details, other personal/professional /profile details and requirements in relation to the Services.

2.2 You agree that any information you provide to us on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.

2.3 When you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile or other similar devices to prevent unauthorized access to your account. The Company cannot, and will not, be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure to keep your account information secure and confidential.

2.4 We reserve the right to refuse access to the Website, to terminate temporarily or permanently accounts, remove or edit content, change the Website at our discretion without prior notice.

3. WEBSITE CONTENT

You expressly understand and agree that:

(a) The information, content and material on the Website and / or Service is provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents and partners, if any, disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;

(b) We do not make any representation or warranty as to the quality or value of the services offered on the Website, or availability of Counselor(s).

(c) We do not implicitly or explicitly support or endorse any services on the Website.

(d) While we carry out background checks and verifications on Counselors, we do not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Counselor(s), or any service, advice, opinion, recommendation provided by a Counselor(s) or service provider(s).

(e) We do not warrant any advice or information, whether oral or written or not expressly stated herein, obtained by you from or through the website;

(f) We do not warrant that (i) the content found on website is accurate, reliable or correct, (ii) website will meet your requirements. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.

(g) We do not warrant that (i) the functions contained in any content, information and material on the Website, including, without limitation any third party sites or services linked to the Website and / or that the Service will be uninterrupted, timely or error-free or available at particular time or place, (ii) the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components;

(h) Any material downloaded or otherwise obtained through the Website is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system or mobile devices;

(i) We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or service, and we will not be a party to or any way monitor any transaction between you and third party for products or services; and

(j) We cannot and will not assure you that other users of the Website are or will be complying with the foregoing rules or any other provisions of these Terms of Use. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

4. REPRESENTATIONS AND WARRANTIES BY THE USERS

By using the Website, you represent and warrant that:

(a) You are 18 years of age or older and that your use of the Website will not violate any applicable law or regulation;

(b) If you registers as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use;

(c) All information provided on the Website by you is true, factual and accurate and you agree to maintain the accuracy of such information.

5. CONDITIONS OF USE

5.1 You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

5.2 You covenant that you will not:

(a) modify any content of the Website;

(b) decompile, reverse engineer or disassemble the content;

(c) use the Service in any way that is unlawful or harms the Company or any other person or entity, as determined in Company’s sole discretion;

(d) make false or malicious statements against the Services or Website or the Company;

(e) post, copy, submit, upload, distribute or otherwise transmit or make available any software or other computer files that contain a virus or other harmful components, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or the Services;

(f) engage in any form of antisocial, disruptive or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “grieving” as those terms are commonly understood and used on the internet;

(g) post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party;

(h) delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify; and

(i) host, display, upload, modify, publish, transmit, update or share any information that:

i. belongs to another person and to which the user does not have any right;

ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. harm minors in any way;

iv. infringes any patent, trademark, copyright or other proprietary rights;

v. violates any law for the time being in force;

vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii. impersonates another person;

viii. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

5.3 The Website provides Users the facility to create, share and post content (together, "User Content"). We have the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.

(a) User Content removed from the Website may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. We will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

(b) We take no responsibility and assume no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

(c) In connection with your User Content, you affirm, represent and warrant the following:

i. Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.

ii. To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website.

iii. We may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

(d) If you share your User Content with us and/or link your User Content to us on a third party service and/or post content on any social media page owned and operated by us you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and our (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels.

6. LINKS TO THIRD PARTY WEBSITES

The Website may include links to other websites whose terms and privacy practices may differ from those of the Company. The inclusion of a link does not imply any endorsement by the Company of the third party website, the website’s provider, or the information on the third party website. If the users access or submit personal information to any of those websites, such access and information will be governed by the terms of use and privacy policies of such third party websites and the Company disclaims all responsibility or liability with respect to the terms, policies or the websites. The users are encouraged to carefully read the terms and privacy policy of any website that they visit.]

7. INDEMNITY

7.1 You hereby agree to indemnify, defend and hold the Company, the Company’s agents, affiliates, representatives, authorized users, employees and assigns harmless from and against any and all losses, damages, liabilities and costs charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising from your use of the Website or the Services and / or the violation of the Agreement by you.

7.2 You hereby agree to relieve the Company, the Company’s agents, affiliates, representatives, authorized users, employees, Directors, Shareholders, Sub contractors 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 Attorneys’ fees, Which member may have against one or more of the above arising in the event of a dispute regarding any transaction conducted via the website.

8. LIMITATION OF LIABILITY

8.1 You acknowledge and undertake that you are accessing the Services through the Website, transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website.

8.2 To the fullest extent permitted by law, under no circumstances will the Company or Directors or Employees or affiliates or any party involved in creating producing or delivering the website/services be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential, punitive damages, including but not limited to damages for loss of profits, goodwill, data or other intangible losses, resulting from any circumstances, including:

(a) your access or the use or the inability to use or the misuse the Services or website or linked sites or in connection with any failure or performance; or

(b) unauthorized access to or alteration of your transmissions or data; or

(c) any other matter relating to the Website and / or Services.

(d) whether or not foreseeable and whether or not the Company has been advised of the possibility of such damages.

8.3 We shall neither be liable nor responsible for any actions or inactions of the other users of the Website nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other users of the Website.

8.4 Further, none of the directors, officers or employees of the Company shall be personally liable for any action in connection with the Website or the Services.

8.5 By the use of website and the services, the user acknowledges that He/She is solely responsible for any and all actions, liabilities, consequences, decisions, behaviors(”Conduct”) arising out of or in connection with the use of the website and/or services, and shall in no way hold Buckup and/or its affiliates responsible for such conduct.

9. FEES, CHARGES, EXPENSES, CANCELLATION, REFUNDS

9.1 Counseling services booking through Chat or audio calls or video calls or in person may be on chargeable basis. You will be informed for such charges prior to availing such services. In addition to these Terms, you shall also be bound by the terms (if any) mentioned for specific Service(s).

9.2 Booking of other services may be on chargeable basis. You will be informed for such charges prior to availing such services. In addition to these Terms, you shall also be bound by the terms (if any) mentioned for specific Service(s).

9.3 Please note that charges paid by user are not refundable. If user or service provider wants to reschedule booking, same can be done which may be on chargeable basis

9.4 In an event if user, is not satisfied with the Service, then such user may send an email to customer.support.grievance@buck-up.in. We will review each such event, on a case to case basis, and may refund the charges paid, if we deem fit. Our decision on any such matters shall be final and binding.

9.5 User(s) can make payments through online payment options such as Internet Banking or Debit/ Credit Cards or other online payment options as supported by payment gateway. The User agrees and accepts that all intricacies and modalities relating to making payment using Internet Banking or Debit/Credit Cards or other online payment options shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Online Payment Modes (including any fraudulent transaction). 

9.6 While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.

9.7 You understand, accept and agree that the payment facility provided by us, is neither a banking nor financial service.

9.8 We reserve our right to change the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.

9.9 The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.

10. COPYRIGHT AND DATABASE RIGHTS

10.1 All content and information included on the Website, such as photographs, text, graphics, logos, button icons, images and software is the exclusive property of the Company, its affiliates or its content suppliers.

10.2 The compilation of all content on the Website is the exclusive property of the Company.

10.3 All software used on this Website is the property of the Company or its software suppliers. You shall not systematically extract and/or re-utilize parts of the contents of the Website without the Company’s express written consent. In particular, you shall not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this Website, without the Company’s prior and express written consent.

10.4 You shall not create and/or publish your own database that features substantial parts of this Website without the Company’s express written consent. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.

11. TRADEMARKS

Buckup and other marks indicated on the Website are trademarks or registered trademarks of the Company in the Indian jurisdiction (Under process). All other trademarks not owned by the Company that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

12. TERMINATION

In case of non-compliance with the Terms of Use or Privacy Policy or in the event any other user reports violation of any of their rights as a result of your use of the Services, the Company reserves the right to immediately

(a) suspend or terminate your access to the Website with or without notice to you; and

(b) to remove such non-compliant information from the Website; and

(c) to exercise any other remedy available under law.

Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Website. Upon suspension or termination, your right to avail the Services and access to the Website will immediately cease and Company reserves the right to remove or delete your information that is available, including but not limited to login, account information and information posted by you.

13. ACCESS OUTSIDE [REPUBLIC OF INDIA]

The Company makes no representation that the content contained on the Website is appropriate to be used or accessed outside the Republic of India. If the users use or access the Website from outside the Republic of India, they do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor should they be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.

14. GOVERNING LAW AND JURISDICTION

14.1 The Agreement and all transactions entered into and the relationship between you and the Company shall be governed in accordance with the laws of India without reference to any conflict of laws principles. You agree that, courts at (Jaipur, Rajasthan), India shall have exclusive jurisdiction over any disputes arising under or in

14.2 Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.

15. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable in part or whole under applicable law, then such provision will be excluded from the Agreement and the validity and enforceability of the remainder of these Terms shall not be affected.

16. REPORT ABUSE

In the event you come across any abuse or violation of the Terms of Use or if you become aware of any objectionable content on the Website, please report to

Kailash Gupta

customer.support.contact@buck-up.in

+919928906803

17. PRIVACY POLICY

In addition to these Terms of Use, we have also published the Privacy Policy which sets out the privacy practices of the Website. The Privacy Policy has been published in accordance with the provisions of the Information Technology Act, 2000 and the applicable rules made thereunder. In accessing this Website and availing the Services provided herein, you confirm that you have read, fully understand and accept the Privacy Policy.

18. NEWSLETTERS AND COMMUNICATIONS

You hereby expressly agree to receive communications and newsletters from the Company by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from the Company at any time by following the procedure set forth in the Website.]

19. GRIEVANCE OFFICER

If you have any grievance with respect to the Website or the Services, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Kailash Gupta

customer.support.grievance@buck-up.in

+919928906803

20. WAIVER

No term of the Agreement will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by Company, or waiver of a breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

22. FORCE MAJEURE

We will not be responsible for any delay or failure to comply with our obligations under the Agreement if the delay or failure arises from any cause which is beyond our reasonable control.

23. ELECTRONIC RECORD

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of the Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of www.buck-up.in (“the Website”).

24. COMPLETE UNDERSTANDING

The Agreement contains the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.

The advice or information provided by Counselor(s) or service provider(s) via the website is for information purpose only and cannot be considered as a substitute to physical health or mental health examination by a Doctor or Therapist. You are advised not to make your decision solely based on advice provided by counselor(s) or service provider(s).

We disclaim any and all liability for any consultation and services rendered by a Counselor(s) or Service provider(s) to you through the Website as you understand and agree that we cannot predict or assess the competence of, or appropriateness of, or verify the credentials of such Counselors or service provider(s). You further acknowledge and agree that you take full responsibility for the decision to access a counselor or service provider through the Website and to continue to interact with such individual(s), and that our role is strictly limited to providing access to such counselor(s) or service provider(s) to you.

Use of the website and services is not for Emergencies. If you think you have physical health or mental health emergency, or if any time you are concerned about such treatment, please go to hospital or such health care provider.

The website is not Suicide Helpline. For you having suicidal thoughts or contemplations or ideas or such things for yourself or others, you may discontinue use of the services at your discretion. In such situation you should immediately inform and seek help from Police or emergency Medical personnel or Suicide prevention help line.

Your use of website content and availing the services through website is solely at your own discretion and risk. We are not and will not in any manner be involved in the practice of medical consulting or medicines or the provision of medical care. 

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE