TERMS AND CONDITIONS OF SERVICE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE ("TOS") BEFORE USING
THE WEBSITE
A. DEFINITIONS
Capitalized terms appearing in this TOS shall have the meaning as stated below:
"Client" or "You", including its grammatical variations, means any natural person using the Services as
defined below.
"Client Data" means and includes the details provided by You at the time of the creation of the Website user
account and any proof of compliance such as scanned copies of forms, internal memos, statutory
documents, reports, filings, applications, notices, etc. submitted by You through Website (defined
below).
"Privacy Policy" means the privacy policy available at https://www.koott.in/privacy-policy
"Website" means the www.koott.in , which is a web-based proprietary service platform of
Koott.
"Koott" or 'We', 'Us', 'Company', and 'Our' means Koott Wellness PVT. LTD., having its
registered office at Office 101, Vp's Building Mukkam, Calicut, Kerala, India, 673602 and includes its authorized employees, and affiliates.
"Services" shall mean providing psychological counselling services to the Client/ User for any
challenges or issues Client/User may be facing in their lives. Services shall not include providing
psychological counselling to Users with psychotic disorders or Clients/ Users with suicidal tendencies.
Where Koott provides You with lists and/or profile previews of Counsellors based on information
that You provide to the Website's search features (such as area of specialty and geographical location);
the same shall not fall within the scope of Services.
​
B. INTERPRETATIONS
These TOS, the Privacy Policy together with any other policies which may be applicable to specific
portions of the Website and any disclaimers which may be present on the Website are referred to as
"Agreement".
If You are accessing Koott through a mobile application, then this Agreement will continue to apply
to such use. In addition, there may be additional terms (such as the terms imposed by mobile
application stores) which will govern the use of the mobile application. In such a case, the term Website'
will be deemed to refer to the Koott mobile application.
Services means services offered through this Website and available only in India.
​
1. THE WEBSITE
1.1. Users: The Website is accessible by anyone. It has been setup for providing Services to Registered
Users. "Registered Users" are users who have registered themselves on the Website and an account has
been created basis such information. Such users will have a specific user id and password for logging
into their account and receiving Services. "Non-Registered Users" are users who are not registered with
the Website but may access information on the Website. Certain features of the Website are available
to Registered Users only
1.2. Features of the Nebsite: The Website offers the following features:
a) For Registered Users:
i. Platform for obtaining generic and preliminary information about Us and seek help from counselors by
asking questions pertaining to emotional wellness.
ii. Platform for viewing generic and preliminary information on questions submitted by other Registered
Users: You may access the information provided by a counselor to questions submitted by other
Registered Users on the Website.
ii. Platform to schedule in-person appointment with Counsellor: You may use Website to schedule an
in-person appointment with Counsellor at the Counsellor's premises.
iv. Platform to interact with Counsellor privately: You may interact with a Counsellor privately on the
chat feature available on the Website or via phone.
v. Platform to pay Counsellor for non-Website interaction: You may make use of the Website solely for
the purpose of paying a Counsellor for a non-Website/offline interaction with such Counsellor after
paying Koott internet handling fee.
b)For Non-Registered Users:
i. Access to Counsellor Profiles: Depending on the extent of information shared by counsellors at the
time of registering with the Website, the Counsellors' profile containing their name, qualification,
experience, specialization, consultant fees, personal statement, education, professional memberships
etc. can be accessed by You. The Website offers various search features to aid You in accessing
Counsellor profiles.
ii. Access to Counsellor (Availability for in-person appointment): Based on information communicated
by Counsellor, the Website shows indicative appointment slots available for in-person consultation at
Counsellor's premises.
c)For Counsellors:
i. Platform to publish profile: You may upload your profile containing your name, qualification,
experience, specialization, consultation fees, personal statement, education, professional memberships
etc. on Website. Your profile is accessible to all Registered as well as Non-Registered Users.
ii. Platform for private interaction: You may use Website for private interaction with Registered Users. In
course of the private interaction, you can exchange texts, images, videos over the chat feature of the
platform and communicate through other means provided by the Koott such as calls.
ii. Platform to receive consultation fees for non-Website interaction: You may use the Website to
receive fees for your interactions with Registered User outside the Website/offline.
iv. Platform to provide information on emotional well being related questions submitted by Registered
Users: You may provide your preliminary and generic information to questions submitted by Registered
Users.
v. Platform to publish Counsellor-contributed information and education material: You may contribute
emotional well being related information and education material which Koott may, with or without
modification, in its sole discretion, publish on the Website.
1.3. Types of content on the Website:
The various types of content available on the Website may be categorised as follows:
1.3.1. Content provided by Registered Users including questions provided by Registered Users and
interactions in the course of private interactions with Counsellors ("User Content")
1.3.2. Content provided by Counsellor including emotional well being related information and
educational material; and information provided by way of responses to questions raised by Registered
Users or in course of private interactions with Registered Users ("Counsellor Content");
1.3.4. Content which Koott (through itself or its contractors) has generated or procured for the
Website (Koott Content");
​
2. USE OF THE SITE
2.1. Use by all Users (Registered, Non-Registered User)
2.1.1. You will use the Website and the features provided by the Website only in relation to and in
compliance with all applicable Indian laws. You will ensure that all the information you supply to us
through the Website, or in relation to the Website, is true, accurate, current, complete and non-
misleading. You will not use our website to copy, store, host, transmit, send, use, publish or distribute
any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm,
keystroke logger, rootkit or other malicious computer software. You will not access or otherwise interact
with our website using any robot, spider or other automated means. You will not conduct any
systematic or automated data collection activities (including without limitation scraping, data mining,
data extraction and data harvesting) on or in relation to the Website without our express written
consent. You will not use this Website or any feature provided by the Website for any purposes not
intended under this Agreement. However, You may view pages from the Website on a web browser,
download pages from the Website for caching in a web browser, print pages from the Website, stream
audio and video files which may be hosted on the Website and also use our Website services by means
of your web browser.
2.1.2. You will not deliberately use the Website in any way that is unlawful or harms Koott, its
directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or
content on the Website. Further, except as expressly permitted by Us or through the other provisions of
the Agreement, you shall not download any material from the Website or save any such material on your
computer. You may only use the Website for your own personal or business purposes (depending on
whether you are a Registered User or Counsellor), and you must not use the Website for any other
purposes. You must not edit or otherwise modify any material on the Website. Unless you own or
control the relevant rights in the material, you must not republish material from the Website (including
republication on another Website); or sell, rent or sub-license material from the Website; exploit
material from our website for a commercial purpose; or redistribute material from our website.
Notwithstanding anything mentioned above, you may re-distribute our newsletter in print and in
electronic form to any person. Koott reserves the right to restrict access to areas of the Website, or
the whole Website, at its discretion; You must not circumvent or bypass, or attempt to circumvent or
bypass, any access restriction measures on the Website.
2.1.3. You understand that as part of Your registration process as well as in course of Your use of the
Website, You may receive SMS messages from Koott on Your registered mobile number. These
messages will relate to Your registration, transactions that You carry out through the Website and any
such information found suitable of Your attention by Koott. Please note that Koott will send
these SMS messages only to the mobile number that You provide on the Website. It is Your
responsibility to ensure that You provide the correct number for the transaction You wish to enter into.
Further, Koott may also send notifications and reminders to You with respect to appointments
scheduled by You for the features that You may be using on the Website. You hereby consent to receive
such messages from Koott.
2.1.4. By using the website and/or registering yourself at Koott, you authorize us to contact you via
email or phone call or sms and offer you services for the product you have opted for, imparting product
knowledge, offer promotional offers running on website, for which reasons, personally identifiable
information may be collected as detailed below irrespective of the fact that you have registered yourself
under DND or DNC or NCPR service, you still authorize us to cll You from Koott & associate
partners for the above mentioned purposes till 45 days of your engagement with us.
2.2. Use by Registered User:
2.2.1. You acknowledge that this Website is an informative platform only. Koott and the Website are
not in the business of providing psychiatric care or provide intervention for mental illness including but
not limited to suicidal thoughts, severe depression and other mental disorders.
2.2.2. We encourage You to independently verify any information You see on the Website including
information provided by a Counsellor. You will use the Website and the features provided by the
Website only in relation to and in compliance with all applicable Indian laws. You will not use this
Website or any feature provided by the Website for any purposes not intended under this Agreement.
2.2.3. The Website allows You to select and schedule appointments with Counsellors. In doing so,
Koott can help by providing You with lists and/or profile previews of Counsellors who may be
suitable to deliver the emotional well being care that you are seeking, based on information that you
provide to Koott (such as area of specialty and geographical location).
2.2.4. Please note that Koott ) does not recommend or endorse any Counsellors mentioned on the
Website; and (i) does not make any representations or warranties with respect to Counsellors or the
quality of the emotional well being care they may provide, and (ii) does not grade counselors.
2.2.5. You will obtain all relevant consents and approvals prior to posting or providing any User Content.
2.2.6. You may schedule an appointment on the Website for Your family members and friends. However,
please note that you will be solely responsible for any activity that is undertaken through his/her
account on behalf of his/her family members and friends.
2.2.8. Koott will levy an advance internet handling fee for each private interaction that you have
with any Counsellor through the Website. Koott will also collect the consultation fee payable to the
Counsellor in advance.
2.3. Use by Non-Registered User:
2.3.1. Koott will provide You with lists and/or profile previews of Counsellors based on information
that You provide to the Website's search features (such as area of specialty and geographical location).
Please note that Koott () does not recommend or endorse any Counsellors mentioned on the
Website; and (i) does not make any representations or warranties with respect to these Counsellors or
the quality of the emotional well being care services they may provide
3. ROLE OF Koott
3.1. Koott's role is limited to providing a platform for a) hosting and publishing User Content, and
Counsellor Content b) Registered Users to raise emotional well being related questions and Counsellor's
to provide preliminary and generic information to the questions c) private interaction between
Registered User and Counsellor d) finding Counsellors based on Registered User's inputs and Counsellor
profiles created by Counsellors themselves and f) facilitating collection and disbursal of consultation
and service fees for Counsellors. To the extent that the Website and the information and services on the
Website are provided free of charge, Koott will not be liable for any loss or damage of any nature.
Koottwill not be liable to you in respect of any losses arising out of any event or events beyond Our
reasonable control. Koott will not be liable to You in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings,
business, contracts, commercial opportunities or goodwill. Koott will not be liable to you in respect
of any special, indirect or consequential loss or damage.
3.2. Koott's role is that of an 'intermediary' as defined under the Information Technology Act, 200o
and the rules thereunder. Being an intermediary, Koott has no responsibility and/or liability in
respect of the content and transactions on the Website including any User Content or Counsellor
Content information provided by Counsellors, interactions between Counsellors on the one hand and
Users on the other hand.
3.3. Koott does not have the obligation to pre-screen or monitor User Content or Counsellor
Content at any time. However Koott may elect to monitor any User Content or Counsellor Content
and remove any User Content and Counsellor Content from the Website if Koott determines in its
sole discretion that such User Content and/or Counsellor Content is in violation of this Agreement or
any applicable law and best practices. Where Koott removes any User Content or Counsellor
Content from the Website, Koott will make reasonable efforts to inform the User or Counsellor who
had posted such User Content or Counsellor Content respectively. Such actions do not in manner
negate or dilute Koott's position as an intermediary or impose any liability on Koott with
respect to User Content and/or Counsellor Content.
3.4. If Koott suspects any illegal, wrongful or fraudulent activity on the Website by any Registered
User or Counsellor, notwithstanding any other rights Koott may have, Koott reserves the right
to inform the relevant government or law enforcement authorities. Koott will cooperate in al
investigative procedures or requests for access/ information initiated by any such government or law
enforcement authorities.
3.5. Koott does not endorse or influence control over any particular branch of medicine, theory,
opinion, viewpoint or position on any topic.
​
4. LINKS TO THIRD PARTY WEBSITES
4.1. You may be provided with links on the Website that direct You to third party websites/ applications
content or service providers, including advertisers and e-commerce websites (collectively "Third Party
Websites").
4.3. Koott does not endorse any Third Party Websites that You may be directed to from the
Website.
4.2. Links to such Third Party Websites are provided for Your convenience only. Please exercise Your
independent judgment and prudence when visiting/ using any Third Party Websites via a link available
on the Website. Should You decide to click on the links to visit such Third Party Website, You may do so
out of Your own volition. Your usage of such Third Party Websites and all content available on such
Third Party Websites is subject to the terms of use of the respective Third Party Website and Koott
will not be responsible for Your use of any Third Party Websites.
​
5. PROPRIETARY RIGHTS
5.1. Koott respects the intellectual property rights of others, and We expect the same from You. The
Website, User Content, Counsellor Content and Koott Content are protected by applicable
intellectual property laws.
5.2. Koott's Rights to the Website and Koott Content:
5.2.1. All intellectual property in and to the Website, any software, techniques and processes used in
connection with the Website, belongs exclusively to Koott or its licensors. Through Your use of the
Website, by no means are any rights impliedly or expressly granted by Koott to You in respect of
such works.
5.2.2. Koott and/or its licensors assert all proprietary rights in and to all names and trademarks
contained on the Website. Notwithstanding the generality of the foregoing, the name, "Koott" is the
trademark and copyright (or any other intellectual property right) of Koott and/or its licensors. Any
use of the Koott's trademarks or copyright, unless otherwise authorized in a written agreement, will
constitute an infringement upon the trademark and copyright (or any other such intellectual property
right) of Koott and may be actionable under the applicable laws.
5.2.3. Except as stated otherwise in this Agreement all Koott Content (including all intellectual
property rights to such content) is owned exclusively by Koott and/or its licensors.
5.2.4. When You use the Website in accordance with this Agreement, a limited royalty-free right is
granted to You by Koott to use Koott Content for personal and non-commercial use in India for
the time that You are either a Registered User or an Counsellor or for the time that You make use of the
Website, whichever is less.
5.2.5. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You
any license to intellectual property rights, whether by estoppel, implication, or otherwise.
5.2.6. Unless expressly authorized by Koott, You agree not to reproduce, modify, sell, distribute,
mirror, frame, republish, download, transmit, or create derivative works of the Koott Content, in
whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or
other notice of ownership.
5.3. Rights in User Content:
5.3.1. You agree that You are the owner of all rights (including all intellectual property rights) in the User
Content (in case You are a Registered User) or Counsellor Content (in case You are a Counsellor) that
You post on the Website or provide to Koott.
5.3.2. You hereby grant Koott a perpetual, non-revocable, worldwide, royalty-free license to make
use of such User Content (in case You are a Registered User) including the right to copy, distribute,
display, reproduce, modify, adapt, the User Content and create derivate works of the User Content for
promotional purposes.
​
6. PERSONAL INFORMATION
6.1.1. We may collect your personal information from You when You use the Website and or the features
provided by the Website.
6.1.2. Our Privacy Policy available at https://www.koott.in/privacy-policy sets out Our policy with respect to the
collection, storage, use, transfer and protection of any such personal information.
6.1.3. When You click on the 'l accept' or 'l agree' tab at the time of registering or otherwise provide Your
personal information, You specifically consent to Our Privacy Policy.
​
7. DISCLAIMERS
7.1. Interaction with Counsellor on the Website:
7.1.1. You understand and agree that any interactions and associated issues with the Counsellor(s) on the
Website, is strictly between You and the Counsellor(s). You shall not hold Koott responsible for any
such interactions and associated issues. Koott is not involved in providing any emotional wellbeing
care or medical advice or diagnosis and hence is not responsible for any outcome between You and the
Counsellor You interact with. If You decide to engage with a Counsellor to provide medical services to
You, You do so at Your own risk.
7.1.2. The results of any search You perform on the Website for Counsellors, or provision of access to any
Counsellor on the basis of Your specific request, should not be construed as endorsement by this
Website of any such particular Counsellor. We make no guarantees, representations or warranties,
whether expressed or implied, with respect to professional qualifications, quality of work, expertise of
the Counsellor. The search results are based on an object computer algorithm.
7.1.3. Koottt shall not be responsible for any breach of service or service deficiency by any
Counsellor.
7.1.4. We can neither assure that all transactions on the Website will be completed nor do We guarantee
the ability or intent of the Counsellor to fulfill his/her obligations in any transaction. We advise You to
perform Your own investigation prior to selecting a Counsellor.
7.3. Clinical Support lnformation: We may listen to and provide information to assist you in coping with
an emotional problem. This may include general and emotional well being-care related information and
resources. The information and materials available through the Website are for informational and
educational purposes only and are not intended to constitute professional advice, diagnosis or
treatment, or to substitute professional judgment. Information that may be placed on the Website by
third parties, including Counsellor Content is beyond Our control. We are not responsible for the
accuracy or completeness of information available from or through Our Website. You assume full risk
and responsibility for the use of information You obtain from or through this site, and You agree that
Koott is not responsible or liable for any claim, loss, or liability arising from the use of the
information. We do not recommend or endorse any Counsellor, emotional well being-related products,
items or services, and the appearance of materials on the Website relating to any such products, items
or services is not an endorsement or recommendation of them. We make no guarantees,
representations or warranties, whether expressed or implied, with respect to information provided on
the website.
7.4. Information regarding Counsellor: Information regarding Counsellor found on the Website is
intended for general reference purposes only. Such information found on the Website is mainly self-
reported by the Counsellor. Such information often changes frequently and may become out of date or
inaccurate. Neither the Website nor Koott provides any advice or qualification certification about
any particular Counsellor. You are encouraged to independently verify any such information You see on
the Website with respect to a Counsellor that You seek to make an appointment with.
7.5. No Professional Relationship: Please note that some of the content including text, data, graphics,
images, information, suggestions, guidance, and other material that may be available on the Website
(including information provided in direct response to Your questions or postings) may be provided by
Counsellors. The provision of such content to You by Koott does not constitute delivery of
emotional well being care or diagnostic services to You and does not create a professional relationship
between Koott and You.
7.6. No Medical Advice Provided: The content provided by the Website, either by Koott or by
Counsellor, should not be construed under any circumstances to be an opinion, medical advice, or
diagnosis or treatment of any particular condition, but is only provided to assist you with locating
appropriate medical care from a qualified practitioner.
If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The
Information that You obtain or receive from Koott, and its employees, contractors, partners,
sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling
purposes only. In no event shall We be liable to You or anyone else for any decision made or action
taken by You in reliance on such information. 7.7. Non-substitution of professional medical advice: The
Information provided on the Website and in any other communications from or provided through
Koott is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis,
or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified emotional well
being care professional because of advice that You may have obtained through the Website. Your use of
Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website
or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that Koott shall not be
responsible for Your treatment or be treated as a emotional well being care provider on account of
collection of the consultation fees for private consultation by Counsellor, for any reason whatsoever.
7.8. Koott disclaims any representation and/or warranty for the security, reliability, quality,
timeliness, and performance of () the website and its features; (i) Counsellor who responds to question
of a registered user or who interacts privately with a registered user; (ii) any information, content or
advice available on or received through the website (iv) access to or alteration of user content or
Counsellor content (V) transmissions or data and any other matter relating to the website and / or
rvices.
7.9. Koott makes no warranty or representation that any errors in the website will be corrected
except as required by law.
7.10. Koott assumes no responsibility and/or liability with respect to any user content, or counsellor
content (as applicable) which you may post on the website and you are solely responsible for such user
content posted on the site.
7.11. You agree that the open and real-time nature of the platform makes it impossible for Koott to
vouch for the validity, authenticity and honesty of user content or counsellor content. Koott is not
responsible for any user content or Counsellor content on the site, or for the consequences of you
reading or relying on such content.
7.12. The site is provided on a "as is" and "as available" basis. Neither Koott nor any third party
service providers are liable for any technical or other operational difficulties or problems which may
result in loss of your data, personalization settings or other interruptions in the features offered on the
website. Neither Koott nor any third party is liable for the deletion, loss, mis-delivery, timeliness or
failure to store or transmit any User content, Koott content or your personalization settings.
7.13. Koott does not provide any guarantee and shall not be held liable or responsible for the failure
to send sms or other notifications or reminders to you as a feature of the website.
7.14. Neither the Counsellors, nor Koott shall be responsible or liable for any breach or loss of data
including personal information caused due to events beyond the control of Counsellors / Koott or
due to technical reasons or third party actions.
8. LIMITATION OF LIABILITY
8.1. To the fullest extent permitted by law, in no event will Koott or its affiliates be liable for any
direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without
limitation, loss of business, revenue, profits, goodwill), whether or not Koott has been warned of
the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding
anything to the contrary in this Agreement, Koott's liability under this Agreement shall be limited to
the amount of payments received from You for the Services and shall be governed by the Refund Policy.
9. REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That:
9.1. You are at least 18 years of age and that Your use of the Website shall not violate any applicable law
or regulation;
9.2. All registration information You submit is truthful and accurate and that You agree to maintain the
accuracy of such information;
9.3. You as a Registered or Non-Registered User will use the Website solely for Your personal and non-
commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
9.4. Your use of this Website shall be subjected to the following restrictions:
9.4.1. You will not delete or modify any content of the Website 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;
9.4.2. You will not decompile, reverse engineer, or disassemble the content, or
9.4.3. You will not remove any copyright, trademark registration, or other proprietary notices from the
Website. 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.
9.5. You will not use the Website and/ or services in any way that is unlawful, or harms the Company or
any other person or entity, as determined in the Company's sole discretion.
9.6. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming",
"spamming", "Hooding", "trolling", "phishing" and "griefing" as those terms are commonly understood
and used on the Internet.
9.7. You will not host, display, upload, modify, publish, transmit, update or share any information that
(a) belongs to another person and to which the user does not have any right to;
(6) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating
or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time
being in force,
(t) deceives or misleads the addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource;
(9 threatens the unity, integrity, defence, 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.
10. INDEMNIFICATION
10.1. You hereby indemnify, defend, and hold Koott, the Koott's distributors, agents,
representatives and other authorized users (Registered and Non-Registered Users, Counsellors), and
each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all
of the foregoing entities' respective officers, directors, owners, employees, agents, representatives,
harmless from and against any and all losses, damages, liabilities and costs arising from ()Your use of
the Website Gi) Your breach of provisions of this Agreement and (Gi) any negligent or intentional
wrongdoing on Your part.
​
11. TERMINATION
11.1. Koott reserves the right, in the event it finds out in its sole discretion that You breached the
Agreement, to suspend and / or terminate Your user account and/or access to the Website by blockingg
Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive
activity may be grounds for suspending and / or terminating Your user account and/or Your access to
the Website. Upon suspension or termination, Your right to use the features on the Website shall
immediately cease and the Company reserves the right to remove or delete Your information that is
available with the Company, including but not limited to login and account information.
11.2. Upon user account termination or suspension, regardless of the reasons therefore, Your right to use
the Website, User Content, Counsellor Content or Koott Content immediately ceases, and You
acknowledge and agree that We may immediately deactivate or delete Your account and all related
information and files in Your account and/or bar any further access to such files or this site. Koott
shall not be liable to You or any third party for any claims or damages arising out of any termination or
suspension of Your user account or any other actions taken by Us in connection with such account
termination or suspension.
​
12. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement
shall be governed by the laws of India,. and the courts at Kerala, India shall have exclusive jurisdiction.
13. MODIFICATIONS
13.1. Koott reserves the right to modify any part of the Agreement at any time without giving You
prior notice.
13.2. When We update the Agreement, the next time You visit the Website, the Website will provide a
message to you (which may be sent by e-mail if You have provided Your e-mail ld) which will intimate
You of the amendments. You do not agree to the amendments; please do not use the Website any
further.
​
14. ARBITRATION
14.1. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of the scope or applicability
of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it
gives access, shall be determined by binding arbitration in accordance with the Arbitration and
Conciliation Act, 1996. Koott shall appoint a sole arbitrator. The arbitration award shall be final and
binding on the You and Koott. The arbitrator shall have no authority to award punitive,
consequential or other damages beyond the prevailing partys actual damages (other than reasonable
attorney's fees and other costs of arbitration). Subject to the above, You and Koott shall be subject
to the exclusive jurisdiction of the Courts in Kerala. All proceedings of such arbitration, including,
without limitation, any awards, shall be in the English language. The award shall be final and binding on
the Parties. You agree that arbitration will be the exclusive forum for adjudication of the dispute,
provided that such demand precedes the filing of a complaint in any court of competent jurisdiction.
14.2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim
injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the
Agreement.
​
15. GENERAL PROVISIONS
15.1. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or
arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from
the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so
excluded and shall be enforceable in accordance with its terms; provided however that, in such event
the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and
permitted by applicable law, to the meaning and intention of the excluded provision as determined by
such court of competent jurisdiction or arbitral tribunal.
15.2. Notices: All notices and other communications required or permitted hereunder to be given to a
Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by
prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed
to such Party's address as set forth below or at such other address as the Party shll have furnished to
the other Party in writing in accordance with this provision:
If to Koott:
Koott (Koott Wellness Private Limited)
Office 101, Vp's Building Mukkam, Calicut,
Kerala, India, 673602
If to You:
At the email address provided by You to us when You registered as a Koott User.
15.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such
waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any
consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not
constitute consent to, waiver of, or excuse for any other different or subsequent breach.
15.4. 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.
15.5. Force Majeure: Koott shall not be liable for any downtime or delay or unavailability of the
Website caused by circumstances beyond Koott's reasonable control, including without limitation,
acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other
labour problems, internet service provider failures or delays, or denial of service attacks.
15.6. Advice of Counsel: Each Party acknowledges:
(a) having fully read the Agreement in its entirety;
(6) having had full opportunity to study and review the Agreement.
15.7. Advertisement: Koott shall have the right to place advertisements and publicity materials of its
choice, including that pertaining to parties other than itself for commercial use through electronic
means on the Website, without being in violation of any applicable law.
15.8. Assignment: You may not assign or sub-license, without the prior written consent of Koott, the
rights, duties or obligations under this Agreement, In whole or in part, to any person or entity.
15.9. Confict: In the event there is any confiict between the terms set out in these TOS, the Privacy
Policy, the and any other policies applicable to specific pages of the Website, the following order of
prevalence shall apply: () the Privacy Policy (i) the TOS, (ii) the Refund Policy and (iv) any other policies
applicable to specific pages of the Website.
15.10. Complaint: At Koott, we operate a complaints handling procedure which we will use to try to
resolve disputes when they first arise. Please let us know if you have any complaints or comments.
Please write to us at through Your online account or call our customer care on +919567161611 or text to
admin@koott.in
By clicking on the '1 accept' button at the end of this page or by accessing or using this website, you
agree to be bound by these terms of use, the privacy policy, and other policies which may be applicable
to this website. If you do not agree to be bound by these terms of use, the privacy policy, and other
policies which may be applicable to specific portions of this website, please do not access or use the
website.
Video Call Process
If the video session has been scheduled within 1 hour of the appointment time, the google meet link
shall reach you at least 5 minutes prior to the appointment.
​