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Chearful.com is a website platform (the "Platform") owned and maintained by Pathfinder Innovation Portal LLC. (Company/We), which is a company of limited liability registered in Dubai (UAE).

The User (You), must carefully read the following terms and conditions before you use the Platform. The terms and conditions set forth below, together, with our Privacy Policy, will constitute a binding contractual user agreement (the “User Agreement”) that you voluntarily and knowingly agree to enter by accessing the Platform.

The Platform is not for use by anyone who is under the age of 18. Your use of the Platform constitutes your confirmation that you are 18 years of age or older. If you are under 18 years of age or you do not agree to be bound to any term of this User Agreement, you are not authorised to access the Platform - the Company will have no liability whatsoever arising from your unauthorised use of the Platform. Customers using the website who are Minors (under the age of 18) shall not register as a User of the website - Minors shall not transact on or use the website.

Payments

Visa or MasterCard debit and credit cards in AED and USD are accepted by the Platform for payment. Maintaining their account’s confidentiality is the responsibility of the User. The Platform will not provide any services to or trade with OFAC and sanctioned countries. The Cardholder must retain a copy of Merchant policies, Merchant rules, and transaction records.

Fees

We only act as a conduit between the clients and practitioners for mental wellbeing services. The practitioners shall set their price for the session on their profiles at their sole discretion. We will charge a certain amount of commission from the practitioners. Such commission will be decided by us at our sole discretion. With respect to any refunds or cancellations, kindly send a request to support@chearful.com.

Compliance with “Applicable Laws”

This User Agreement evidences the commitment of the Company to comply with the government’s current legal authority laws, which are applicable to your use of this Platform. By using the Platform, you express your consent to enter into this User Agreement - in other words, using this Platform constitutes your consent that this User Agreement is governed by “Applicable Laws” (defined below). You specifically agree to be bound by the relevant provisions of all UAE federal laws, policies and regulations, without giving effect to any conflicts of laws principles, including the following points below -

1. the Constitution of the UAE (Federal Law 1 of 1971);
2. the Penal Code (Federal Law 3 of 1987 as amended);
3. the Cyber Crime Law (Federal Law 5 of 2012 regarding “Information Technology Crime Control”) (as amended by Federal Law No. 12 of 2016 and Federal Law by Decree No. 2 of 2018); and
4. Regulating Telecommunications (Federal Law by Decree 3 of 2003 as amended), which includes several implementing regulations/policies enacted by the Telecoms Regulatory Authority ('TRA') in respect of data protection of telecoms consumers in the UAE. (the “Applicable Laws”).

The UAE is our “country of domicile” and hence stipulates the local law is the governing law, which means all disputes arising in connection therewith shall only be heard by a court of competent jurisdiction in UAE. 

We reserve our right to amend or terminate any portion of this User Agreement, or your use of the Platform without prior notice and/or for any reason, including if the information provided by you (the User) is incomplete and/or in the event we find that the account does not actually pertain to you.

Practitioners and their Services

The Platform is designed to be used to create an account with the Company to connect you with a Practitioner who will deliver professional mental health / mental health related counselling services to you exclusively through the use of the Platform (“Practitioner Services”).

The Company, through the Platform, provides a panel of Practitioners with whom you can interact for the purposes of seeking mental health counselling services.

Although we provide details for you to review about the Practitioners, including their professional profiles, we do not conduct due diligence on the accuracy of all facts included in the profiles visible on our Platform. You alone, as a User, make the independent decision regarding which Practitioner you choose to consult/retain, and which modes of consultation you choose to utilise (i.e. live online chat messaging, video consultations or teleconferences).

You agree the Company will not be held responsible for any omission or act by the Practitioner during the / any consultation(s).

You agree to not record, resell or recreate any session or any content without the Company’s prior consent. Please note the Company does not provide any health-related advice or medical services.

You shall engage in all interactions with the Practitioner at your risk - this is based solely upon your own personal decision. You agree all the information you provide to the Practitioner regarding your identity, personal history, past emotions or your present situation is accurate. The Company will not be liable for any damages and/or harm arising out of such interactions - please note the Company specifically disclaims any responsibility for any miscommunication and / or misinformation on the part of the Practitioner.

The Practitioners you are connected with through the use of the Platform are independent contractors, agents or employees of Chearful.com, and they hence are not entitled to bind the Company in any way whatsoever.

The Platform’s role is limited to simply providing technologies enabling the Practitioner Services to be provided to you by the Practitioners - it is the Practitioners who assume full and sole responsibility for the delivery of the Practitioner Services.The Company has no obligation to supervise and / or monitor any of the Practitioner Services that are provided to you.

You agree, understand and acknowledge that Practitioner Services may not be the appropriate solution for every particular situation or for everyone’s needs, and/or may not be a complete substitute for the face-to-face delivery of Practitioner Services. If you feel the Practitioner’s Services do not fit your needs or expectations, you are solely responsible for switching to a different Practitioner who provides services through the Platform or to cease use of the Platform.

By creating your account, you are offering consent to receive communications from the Company, which may include - but is not limited to - e-mails, reminders, offers, text messages, newsletters and other updates. By clicking on the “unsubscribe” link provided on the Platform, you can opt-out of these communications. The Company does not endorse any brands or advertise any clinics, businesses or other institutions owned, operated or offered by any Practitioners. Kindly note the Company will not use this data for any commercial purpose unless compelled to otherwise disclose data in compliance with an order issued to Company by a governmental agency.

Booking Sessions and Making Payments

The Sessions for the Counselling Services your selected Practitioner provides are booked by paying a fee “per-session” and associate Chearful transaction fees.

Only registered users are authorised to book an appointment and participate in a consultation session; or, if you are an unregistered user, by booking an appointment, a Chearful ‘User’ account is created on your behalf (the credentials are sent across to the email address provided).

You agree to be personally liable for the payment of all fees charged by the Company to you when you use the Practitioner Services - all such payments will be made exclusively through the Platform’s payment functionality.

When creating your account, you will be required to accurately provide personal data such as: your name and contact details; contact details of your family member or designated friend;  payment details (such as credit card/bank account numbers); gender and date of birth. Furthermore, you will be required to have paid the per session fee and associated transaction fees at the time of booking.
You confirm and agree to use only debit/credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment-related information you have provided / will provide, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.

You agree to pay all fees / charges associated with your account in a timely manner, according to the fees schedule and the terms and the rates as published on the Platform. By providing the Company with your Payment Means you authorise the Company to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your account information. You agree that no payment shall be refundable, unless otherwise explicitly agreed to by the Company.

If, for any reason, the Platform does not provide the Practitioner Services you purchased, you can send an email raising the issue along with necessary details. Following the notification of such an issue, the Company will review it and refund the amount if, in its sole discretion, it is determined you are entitled to the refund.
You agree that your payment will not be refunded if you have -

a) committed any breach of this User Agreement or

b) violated any applicable law while accessing the Platform.

Kindly note, the Company reserves the right to modify, terminate or suspend any subscription plans or payment modes, at its sole discretion.

You acknowledge that all interactions with Practitioners will be carried out exclusively through using the Platform, and the fee charged shall include any taxes applicable now or in the future.

Furthermore, you shall not communicate or interact with the Practitioners directly without the Company’s advance consent and payment of the fee for Practitioner Services.

You agree that the Company will not be liable for any changes in the schedule of the practtioner, and it is at the practitioenr's discretion to change their availability, and notify you, as the client. Furthermore, the company will not be responsible for any changes the client makes to their appointment time, such as cancelation and/or rescheduling. The Company will not be liable for any damages and/or harm arising out of such interactions.

In Case of Emergencies
PLEASE CEASE USE OF THE PLATFORM IN CASES OF EMERGENCIES. THE PLATFORM IS NOT DESIGNED FOR EMERGENCY SITUATIONS. THE PRACTITIONERS CAN NOT PROVIDE ANY ASSISTANCE DURING EMERGENCY SITUATIONS. IF YOU ARE - A) CONTEMPLATING SUICIDE, B) CONSIDERING HARMING YOURSELF OR OTHERS, C) FEELING ANY OTHER PERSON MAY BE IN ANY DANGER OR D) HAVING ANY MEDICAL EMERGENCY - YOU MUST CEASE USING THIS PLATFORM, NOTIFY THE RELEVANT AUTHORITIES IMMEDIATELY AND SEEK IMMEDIATE PERSONAL ASSISTANCE.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION. NOR, IS THE PLATFORM INTENDED FOR DIAGNOSES AND/OR TREATMENTS PRESCRIBING THE USE OF DRUGS OR MEDICAL TREATMENT. YOU SHOULD DISREGARD ANY SUCH ADVICE, IF DELIVERED THROUGH THE PLATFORM, AND NOTIFY THE PLATFORM IMMEDIATELY. DO NOT DISREGARD, DELAY OR AVOID OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONALS BECAUSE OF THE INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.

Intellectual Property Ownership; Third-Party Content

The Company is the owner or the licensee of all the Platform’s intellectual property rights. Applicable copyright laws protect the materials published on the Platform. You must not download, use, copy and/or modify any materials available on the Platform for any other purpose other than personal use.

You will not use the site for - a) violating any laws or b) attempting to hack or disassemble any software on the Platform. You agree that the Company shall not be responsible or liable for any communication between you and the Practitioner offline or through any other means. If you download, recreate, print or copy any materials from the Platform in breach of the terms mentioned, you agree you shall destroy the same after your personal use.

The Platform may contain other content, services or products that are offered or provided by third parties ("Third Party Content"), including, but not limited to, links to Third Party Content (including, but not limited to, links to other websites) or advertisements that are related to Third-Party Content. The Company has no responsibility for the creation of any such Third-Party Content, (including, but not limited to) any related products, terms or policies or practices - the Company will not be liable for any damage or loss caused by any Third-Party Content.

The Company may make software updates to the Platform at any given time. To use Counselling Services, you may be obligated to download the updated version of the Platform as a required precedent to continue the use of Counselling Services. However, the Company makes no guarantees that any subsequent version of the Platform will work on the user’s mobile phones, computers or other devices. The Company is expressly not liable for any loss incurred due to the user’s inability to use Counselling Services stemming from the inability to use an updated version of the Platform application on their chosen equipment.

Disclaimer of Warranty; Limitation of Liability

You hereby release The Company, its present and future officers, directors, employees, members, volunteers, contractors, representatives, parent or subsidiary entities, owners, affiliates, agents, successors and assigns (collectively, the “Company Related Parties”) and agree to hold the company related parties harmless from any and all causes of action and claims of any nature resulting from the Practitioner Services or The Platform, including (without any limitation) any act, opinion, response, advice, omission, suggestion, information and/or service of any Practitioner and/or any other content or information accessible through the Platform.
You hereby understand, agree and acknowledge the Platform is provided “as is,” without any express or implied warranties of any kind, including, but not limited to, merchantability, security, fitness, non-infringement for a particular purpose or accuracy. The use of the Platform is at your own risk entirely. We expressly disclaim all warranties of any kind (whether expressed or implied) to the fullest extent of the law.

You understand, acknowledge and agree the Company related parties will not be liable to you or to any third party for any incidental, indirect, special, consequential, punitive or exemplary damages.
If the Applicable Law does not permit the limitation of liability (as set forth above), the limitation will be deemed modified solely to the extent necessary to comply with the Applicable Law. This limitation of liability contained in this Section (Section 5) shall survive the termination or expiration of this User Agreement.

Your Account, Representations, Conduct and Commitments

You (the User) hereby confirm you are legally able enter into this User Agreement and to consent to receive Practitioner Services.

You hereby confirm and agree that all the information you provided (and will provide in the future) in or through the Platform is accurate, true, complete and current.

You also agree you will make sure to maintain and update this information during the term of this User Agreement so it will continue to be accurate, current and complete.

You agree, confirm and acknowledge you are solely responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). You are advised to change your password on a frequent basis and to take extra precaution in safeguarding your password.

In the event of any unauthorised use of your Account Access or any concern for breach of your account security, you agree to immediately notify the Company at contact@chearful.com.

You agree, confirm and acknowledge the Company may be compelled to provide the relevant UAE and Emirate-level Authorities, including, but not limited to the UAE Cyber Security Council (“Government Authorities”), with cyber security issue(s)-related information. Under such circumstances, the Company may provide such Government Authorities with reports and data that contain your information.

If you are a Practitioner using the Platform, you hereby agree not to promote any business venture or take direct bookings outside the Platform’s ecosystem.

You agree, confirm and acknowledge the Company will not be liable for any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

You also agree, confirm and acknowledge that -

a) you are solely and fully responsible and liable for all activities performed using your Account Access and

b) the Company may hold you responsible and liable for any damage or loss incurred as a result of the use of your Account Access by any person (whether authorised by you or not), and

c) you agree to indemnify the Company for any such damage or loss.

You agree and commit not to use the account or Account Access of any other person for any reason whatsoever.

You agree and confirm your use of the Platform, including the Practitioner Services, is only for your own personal use and you are not using the Platform or the Practitioner Services for or on behalf of any other person and / or organisation.

You agree and commit not to interfere with or disrupt or attempt to interfere with or disrupt any of our systems, servers, networks, services or infrastructure, or any of the Platform's systems, networks, services, servers or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.

You acknowledge the teleconferencing, online messaging and video conferencing experience depends on the services of internet service providers and/or other third parties outside of the control of Pathfinder Innovation Portal LLC, and that the Company accepts no liability for any time-lags, interruptions or disconnections during any of the online sessions.

You agree and commit not to make any use of the Platform for the posting, delivering or sending of either of the following -

(a) unsolicited email and/or advertisement and/or promotion of goods and services;
(b) malicious software, malwares, viruses or codes;
(c) unlawful, harassing, privacy invading, vulgar, obscene, abusive, threatening, racist or potentially harmful content;
(d) any content that may cause damage to a third party;
(e) any content that infringes a third party right, including intellectual property (IP) rights;
(f) any content which may constitute, encourage or cause a criminal action and/or violate any applicable law(s).

You agree not to solicit private information relating to a client’s use of the Platform, including secret questions, passwords or other such information.

You agree and commit not to violate any applicable national or international law, statute, rule, ordinance, regulation or ethical code in relation to your use of the Platform and/or your relationship with the Practitioners and Company.

If you receive any file from the Company or from a Practitioner - whether through the Platform or not - you agree to check and scan the file for any virus or malicious software prior to opening or using the file.

You will indemnify, defend and hold the Company Related Parties harmless from and against any and all claims, demands, losses, causes of action, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:

(a) your access to or use of the Platform;
(b) your violation of any of the provisions of this User Agreement;
(c) any actions made with your account or Account Access (whether by you or by someone else);
(d) non-payment for any of the services (including Practitioner Services), which were provided through the Platform;
(e) your violation of any third party right, including, without limitation, any intellectual property (IP) right, publicity, confidentiality, property or privacy right.

Kindly note, this clause shall survive the expiration or termination of this User Agreement.

Modifications, Termination, Interruption and Disruptions to the Platform

You understand, acknowledge and agree the Company may modify, disrupt, suspend or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time, with or without notice to you.

You agree and acknowledge the Company will not be liable for any of the aforementioned actions or for any damages or losses that are caused by any of the aforementioned actions.

The use of the Platform depends on various factors such as hardware, tools and software, either owned by the Company or those owned and/or operated by the Company’s contractors and suppliers. While the Company makes commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible, and hence the Company cannot guarantee access to the Platform will be uninterrupted or that it will be accessible, timely, consistent or error-free at all times.

Modifications to this User Agreement

From time to time, this User Agreement is subject to modification. The email address you have provided to the Company will be provided with notice, and you can review the most current version of the User Agreement at any time at https://www.chearful.com/terms-and-conditions. Kindly note, by accessing and/or using the Platform following the effective date of any revised User Agreement, you accept and agree to be bound by and become a party to the terms and provisions of such a revised User Agreement.

Resolution of Disputes

Any disputes or claims arising out of or in connection with this User Agreement shall be resolved exclusively through confidential arbitration conducted in Dubai (UAE) and governed by the local laws. The Company and you both agree any awards obtained in the arbitration proceeding shall be enforceable in any government courts or departments having jurisdiction over the parties, including without limitation the Dubai Courts.

By registering onto the platform you confirm your acceptance of this Agreement, you acknowledge you are the party identified in the registration process and that you have the full legal authority to enter this Agreement and you acknowledge your agreement to be bound by the terms and conditions set forth or referenced below.

If you do not wish to be bound by these Terms, you must not access or use the Chearful Platform or the mental health Counselling Services offered through the Platform.