These Terms and Conditions (“Terms”) govern your access to and use of Ear me out, a digital platform and its associated services. These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Homies Roam LLP (“Company,” “we,” “us,” or “our”), the entity owning, operating and handling the products and services provided by Ear me out platform/website.
By accessing, browsing, or using this platform, you acknowledge that you have read, understood and irrevocably agree to be bound by these terms. If you do not agree with any part of these terms, you must immediately cease all use of our platform and services. You also agree to comply with all applicable laws and regulations in India, including but not limited to the Mental Healthcare (Amendment) Bill, 2023 and the Mental Healthcare Act, 2017, the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023.
ARTICLE 1: DEFINITIONS
For the purpose of these Terms, the following capitalized terms shall have the meanings ascribed to them below:
1.1. Platform: Refers collectively to the website, mobile applications and all related digital services, provided by Homies Roam LLP, also interchangeably referred to as “Website” “Digital Platform” “Online Platform” “Site” “Application” or “Portal”
1.2. Company: Refers to Homies Roam LLP, the entity registered with the Ministry of Corporate affairs, holding rights over the Platform and its products and/or services, also interchangeably referred to as “we” “us” or “our”
1.3. User: Any individual who accesses or uses the Platform or its services, including, but not limited to, individuals seeking mental health support, mental health professionals offering services through the Platform, individuals participating in events and individuals purchasing, utilizing or perusing through the self-help resources.
1.4. Mental Health Professional: A qualified professional providing mental health services, also interchangeably referred to as “Therapist” “Counselor” “Psychologist” “Psychotherapist” “Mental Health Practitioner” or “Therapian”
1.5. Self-Help Resources: Refers to materials provided to assist users in mental health and personal growth, also interchangeably referred to as “Self-Help Materials” “Educational Resources” “Support Resources” “Guidance Materials” “Informational Resources” “Self-Care Resources” or “Wellness Resources”
1.6. Self-Help Workbooks: Specific guides or manuals provided by the Company for self-improvement, also interchangeably referred to as “Workbook” “Guide” “Manual” “Handbook” “Resource” “Material” “Publication” “Document” “Educational Workbook” “Support Guide” or “Cues and Prompts Sheet”
1.7. Event Services: Programs, gatherings or activities facilitated and/or organized through the Platform, by the Company, also interchangeably referred to as “Therapeutic Programs” “Events” “Mental Health Events” “Wellness Events” “Support Events” “Intervention Programs” “Activities” “Sessions” “Workshops” “Seminars” or “Group Services” These may include therapeutic arts and/or engaging events by artists.
1.8. Venue: Refers to a physical location, premise and/or an online gathering where an event is hosted and/or facilitated, also interchangeably referred to as “Premise” “Venue” “Venue partners”
ARTICLE 2: DESCRIPTION OF SERVICES
The Company provides a Platform offering the following primary services:
2.1. Mental Health Professional Services: Facilitating connections between users seeking mental health support and mental health professionals for consultations, therapy sessions and support. This includes, but is not limited to, online sessions and attendance at events conducted and/or facilitated through the Platform, by the Company.
2.2. Event Services: Organizing, promoting and/or facilitating various events across India. These events may include workshops, seminars, retreats, support groups, therapeutic arts events, wellbeing events, art events, music events and dance events.
2.3. Self-Help Resources: Providing access to self-help workbooks, downloadable cues and prompts, templates, educational materials and other resources to support users mental health and personal growth. These resources are intended for informational purposes only and are not a substitute for professional medical advice or treatment.
2.4. Information and Support: Offering general information and support related to mental health, therapeutic events, art events, music events, dance events and available resources on the Platform.
2.5. Service Limitations and Disclaimers: The Company is not responsible for the quality of services provided by individual mental health professionals or the outcome and/or expectation of any event. The Platform does not provide emergency services. If you are experiencing a mental health crisis, you must immediately contact emergency services or visit the nearest hospital.
ARTICLE 3: USER ELIGIBILITY AND ACCOUNT SECURITY
3.1. User Eligibility: 3.1.1. You must be at least 18 years of age to access or use our Platform and the products and services.
3.1.2. By using our Platform, you represent and warrant that you possess the legal capacity to enter into a binding contract under the Indian law, including the Indian Contract Act, 1872.
3.1.3. If you are accessing or using our Platform on behalf of a company, organization or other legal entity, you represent that you have the requisite authority to bind that entity to these terms.
3.2. Account Registration and Security: 3.2.1. To access certain features of our Platform, you may be required to register an account.
3.2.2. You agree to provide accurate, current and complete information during the registration process and to promptly update such information to maintain its accuracy and completeness.
3.2.3. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password and for all activities that occur under your account, whether authorized or unauthorized.
3.2.4. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security.
3.2.5. We reserve the right to suspend or terminate your account, if we are aware that you have violated these Terms or that your account is being used for unauthorized or illegal activities.
ARTICLE 4: USER RESPONSIBILITIES AND CONDUCT
4.1. Lawful Use: You agree to use our Platform and services in strict accordance with these Terms and all applicable laws and regulations in India, including but not limited to the Mental Healthcare (Amendment) Bill, 2023 and the Mental Healthcare Act, 2017, the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023.
4.2. Prohibited Conduct: You explicitly agree not to engage in any activity that:
4.2.1. Involves transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.
4.2.2. Constitutes impersonation of any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity.
4.2.3. Interferes with or disrupts the proper operation of our Platform or the servers or networks used to make our Platform available.
4.2.4. Attempts to gain unauthorized access to any portion of our Platform or any other systems or networks connected to our Platform.
4.2.5. Uses any automated means, including robots, spiders, paid tools or scrapers, to access or collect data from our Platform without our prior written consent.
4.2.6. Could foreseeably damage, disable, overburden or impair our Platform or interfere with other Users legitimate use of our Platform.
4.3. Interactions with Professionals and Other Users: You are solely responsible for your interactions with a “Therapian” “mental health professionals” and other users of our Platform. We are not responsible for any disputes, losses or damages that may arise from such interactions.
4.4. Event Participation Conduct and Disclaimer: You are solely responsible for your own safety and well-being during your attendance at any event conducted and/or facilitated by the Company. You agree to strictly abide by all rules and guidelines provided by the Company and/or the event organizers and/or venue partners. As the Company adheres to ethical best practices for maintaining emotional and mental stability during events, any participant who engages in any form of intoxication while attending an on-site or online event, shall not fall under the purview of the responsibility held by the Company.
4.5. Advice and Information Disclaimer: You acknowledge that any advice or information provided by a “Therapian” “mental health professional”, through our Platform is for informational and support purposes only and does not claim to heal or cure an illness and/or disorder. You should consult with a qualified healthcare professional for any health concerns or before making any significant decisions related to your health or treatment.
ARTICLE 5: TERMS FOR MENTAL HEALTH PROFESSIONALS ON THE PLATFORM
5.1. Professional Mandates and Adherence: Mental health professionals who are listed on our Platform or offer services through the Company and/or platform, having agreed to the terms and/or have signed a Memorandum of Understanding (MOU) with the Company, must represent and warrant that they:
5.1.1. Are duly qualified and licensed to practice in accordance with all applicable laws and regulations of India and their respective jurisdictions.
5.1.2. Maintain valid and current professional credentials.
5.1.3. Adhere to all applicable ethical and professional standards governing their practice.
5.1.4. Agree to provide services to users in a professional, ethical and competent manner.
5.2. Company’s Role and Disclaimer Regarding Mental Health Professionals: 5.2.1. The Company may undertake efforts to verify the credentials of mental health professionals; however, we do not guarantee the accuracy or completeness of such verification.
5.2.2. The Company does not guarantee the qualifications, expertise or competence of any mental health professional listed on the Platform.
5.2.3. The Company endorses private practicing mental health professionals and may also include entities that list multiple mental health practitioners associated with, listed on, or managed directly or indirectly by those entities.
5.2.4. The Company is not responsible for the actions or omissions of any mental health professional.
5.2.5. The Company is not liable for any advice, treatment or services provided by any mental health professional to any user.
5.2.6. Any engagement between a user and a mental health professional is solely and exclusively between them.
5.2.7. Users are solely responsible for verifying the credentials and qualifications of any mental health professional before engaging with the services through the Platform.
ARTICLE 6: SPECIFIC TERMS FOR THERAPEUTIC SERVICES
6.1. The Scope of Therapeutic Services: 6.1.1. A listed Mental Health Professional is committed to establishing a supportive and conducive environment, providing suggestions, solutions, guidance and assistance.
6.1.2. Acknowledging the Boundaries of Service: 6.1.2.1. The user explicitly acknowledges and irrevocably assents that seeking services through this platform is not a guaranteed panacea.
6.1.2.2. The purview of the mental health professional’s role is to provide suggestions, solutions, guidance and assistance.
6.1.2.3. Therapeutic modalities available via the Platform may include various forms of supported interventions without the prescription of medication.
6.1.2.4. The Platform and its associated services are not a substitute for crisis intervention or medical emergencies. In the dire event of an immediate mental health crisis, including but not limited to manic episodes, acute psychological distress, ideation of self-harm or a threat of harm to others, the user is unequivocally mandated to contact emergency services or seek urgent medical attention at the nearest healthcare facility. The Company shall bear no liability whatsoever for any omission by the user to seek and/or obtain appropriate emergency care.
6.2. The Sanctity of Confidentiality and Its Exceptions:
6.2.1. Upholding Privacy: All user sessions conducted through the Platform shall maintain confidentiality and the user’s privacy shall be safeguarded to the fullest extent mandated by applicable Indian laws and the prevailing ethical obligations governing mental health practices.
6.2.2. Mandated Disclosures: The user expressly acknowledges and agrees that the principle of confidentiality is subject to certain legally mandated and ethically recognized exceptions, specifically: In circumstances where a credible and imminent threat of serious harm to the user or peoples is perceived. In instances where there is suspected abuse or neglect of a minor or a vulnerable adult, as strictly mandated by applicable reporting laws and regulations within the Republic of India. When the disclosure of information is legally compelled by a valid court order, subpoena, directive from a governmental authority or other legitimate legal process.
6.2.3. The mental health professional shall, to the extent permissible by law and professional ethics, engage in a comprehensive discussion regarding the limitations of confidentiality with the user, particularly should such exigencies arise before, during or after a session.
6.3. The Professional Relationship and Its Boundaries:
6.3.1. Defining the Engagement: Both the user and the mental health professional acknowledge that both parties unequivocally understand and affirm that speaking and/or listening, while engaging in the active services provided by the platform, shall maintain personal and professional boundaries.
6.3.2. Preserving Integrity Through Boundaries: The consistent and diligent maintenance of clear and appropriate professional boundaries is paramount to safeguard interests.
6.4. Professional Discretion and Limitations of Liability for Mental Health Professionals:
6.4.1. The mental health professional, in the judicious exercise of their independent professional judgment and strictly within established ethical guidelines, reserves the unequivocal right to:
6.4.1.1. Terminate therapy sessions if, based on their professional assessment, the user’s needs are determined to fall outside the mental health professional’s defined scope of practice or professional competence. In such instances, the mental health professional could refer another qualified professional.
6.4.1.2. Terminate therapy if the user’s conduct is deemed abusive, harassing, threatening, disruptive or constitutes a violation of established professional boundaries.
6.4.1.3. Decline any and all liability for the user’s autonomous decisions and actions undertaken outside the direct scope of the therapy sessions, including, but not limited to, instances of self-harm or harm to others.
6.5. Fundamental Entitlements of the User in Therapeutic Context: As a user engaging in therapeutic services through the Platform, you are vested with the following fundamental rights:
6.5.1. To terminate therapy at any time, the user can communicate their decision to terminate therapy with the mental health professional.
6.5.2. To inquire about any doubts, pertaining to the mental health professional’s techniques and/or theoretical orientation.
6.6. Scheduling, Cancellations, and Rescheduling Protocol for Therapy:
6.6.1. Session Duration and Punctuality: All therapy sessions are scheduled in advance for a predetermined duration. Late arrival by the user for a scheduled session may, at the sole discretion of the mental health professional, result in a shortened session. Notwithstanding any reduction in session duration, the user shall remain fully responsible for the entire scheduled session fee.
6.6.2. Cancellation and Rescheduling Policy: 6.6.2.1. The User is strictly required to provide a minimum of forty-eight (48) hours’ advance notice for any cancellation or request to reschedule a therapy session.
6.6.2.2. Cancellations made with less than twenty-four (24) hours’ notice, prior to the scheduled session time will not be eligible for any refund. In such instances, the User shall be responsible for the full scheduled session fee.
6.6.2.3. To formally cancel or reschedule a session that falls within the 48 hours’ advance notice timeframe, not exceeding the limit of doing so over (2) instances across a span of 3 months, the user may directly do so over the platform and also keeping the mental health professional informed or by contacting the designated Company representative (The “Gatekeeper”), utilizing the contact information prominently displayed on the top left corner of the website, preferably via telephone, for prompt action.
ARTICLE 7: TERMS FOR EVENT SERVICES
7.1. Event Organization and Promotion: We organize and promote events and therapeutic events across India.
7.2. User Conduct and Safety at Events: You are solely responsible for your own conduct and safety during any event you attend at a “Venue”. You agree to comply with all the procedures, rules and regulations set forth by the event organizers and/or “Venue” “Venue partners”
7.3. Event Cancellation and Modification: We reserve the right to cancel or modify any event, at any time, for any reason, at any “Venue”.
7.4. Refund Policy for Events: Any fees paid for attendance at an event may be subject to a refund policy, only in the case of an event being cancelled due to foreseen or unforeseen circumstances, for which the reason for the same, shall be stated and the user shall be notified through one or many channels of communication. Please refer to our refund policy.
ARTICLE 8: FEES AND PAYMENT
8.1. Fee Structure: We charge fees for various services, including but not limited to event registration, pre-booking for an event, booking an appointment with a listed mental health professional or access to premium content such as “Self-Help Resources” or “Cues and Prompts Sheets”.
8.2. Payment Obligations: You agree to pay all applicable fees in accordance with the payment terms outlined across these Terms, should you choose to avail one, many or all of our services and/or products.
8.3. Refund Policy: All fees are non-refundable unless expressly stated otherwise in our refund policy.
8.4. Payment Processing: We utilize secure third-party payment processors to facilitate transactions. We do not store your credit card or other sensitive payment information directly. Please refer to the terms and conditions and privacy policy of the associated third-party payment processors for their specific policies.
ARTICLE 9: INTELLECTUAL PROPERTY
9.1. Ownership of Platform Content: Our Platform and its entire content, including but not limited to text, graphics, images, logos and software could possibly be protected by copyright, trademark and other intellectual property laws of India and international treaties.
9.2. Restrictions on Use: You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit any of our Platform’s content without our explicit prior written consent. Limited permission may be granted or exceptions shall be made for a user utilizing certain content to be displayed across various social media channels, if there is no obligation, by one or many of the designated partners of the Company.
9.3. Use of Self-Help Workbooks: You may use the Self-Help Workbooks for your personal, non-commercial use only. You may not distribute, modify or reproduce them without a prior written permission.
ARTICLE 10: PRIVACY POLICY
10.1. Data Governance: Your privacy is of paramount importance to us. Our collection, use and disclosure of your personal information are governed by our comprehensive Privacy Policy. We urge you to review our Privacy Policy thoroughly prior to accessing our Platform.
10.2. Consent to Data Practices: By using our Platform, you expressly consent to the collection, use and disclosure of your information as detailed in our Privacy Policy, which is designed to comply with the Digital Personal Data Protection Act, 2023 and other applicable data protection laws in India.
ARTICLE 11: DISCLAIMER OF WARRANTIES
11.1. “As Is” and “As Available” Basis: Our Platform and services are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied.
11.2. General Disclaimers: To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that our Platform will be uninterrupted, error-free or secure, or that any defects will be corrected. For any user-related issues or defects, kindly write to us at resolveissues@earmeout.in. We do not warrant the accuracy, completeness or reliability of any content available on or through our Platform.
11.3. No Endorsement or Guarantee: We do not endorse or make any representations or warranties regarding any mental health professionals, events, therapeutic events or self-help resources offered or facilitated through our Platform.
ARTICLE 12: LIMITATION OF LIABILITY
12.1. Exclusion of Certain Damages: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to damages for lost profits, lost data or personal injury, arising out of or in connection with the use of our Platform or services. This exclusion applies even if the Company has been advised of the possibility of such damages.
12.2. Cap on Total Liability: Our total aggregate liability to you for any claim arising out of or relating to these Terms or your use of our Platform shall not exceed the amount paid by you, if any, for accessing our Platform or services in the twelve (12) months preceding the date the claim arose.
12.3. No Liability for Third-Party Actions: We are not liable for the actions or omissions of any mental health professionals, event organizers or other third parties, including but not limited to payment gateway service providers or collaborators.
ARTICLE 13: INDEMNIFICATION
13.1. User’s Indemnification Obligation: You agree to indemnify, defend and hold harmless Homies Roam LLP, its affiliates, investors, directors, employees, agents and licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:
13.1.1. Your access to or use of our Platform and services.
13.1.2. Your violation or alleged violation of these Terms.
13.1.3. Your interactions with any mental health professionals or other users.
13.1.4. Your participation in any event and/or therapeutic event.
13.1.5. Your infringement or alleged infringement of any intellectual property or other rights of any person or entity.
ARTICLE 14: TERMINATION
14.1. Company’s Right to Terminate: We reserve the right, in our sole discretion, to terminate or suspend your access to our Platform and services, in whole or in part, at any time, with or without cause and without prior notice or liability.
14.2. Effect of Termination: Upon termination, your right to use our Platform and services will immediately cease. The provisions of these Terms relating to intellectual property, disclaimers, limitations of liability, indemnification and governing law shall expressly survive any termination.
ARTICLE 15: GOVERNING LAW AND DISPUTE RESOLUTION
15.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, specifically as applicable in the State of Maharashtra.
15.2. Exclusive Jurisdiction: Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Pune located in Maharashtra, India.
15.3. Dispute Resolution Protocol:
15.3.1. Amicable Resolution: We strongly encourage you to contact us directly if you have any concerns or disputes. The parties agree to first attempt to resolve any dispute, controversy or claim arising out of or relating to these Terms, including their interpretation, validity, breach or termination, amicably through good faith negotiation.
15.3.2. Binding Arbitration: If an amicable resolution cannot be reached within a reasonable period, probably within a timeframe of (3) months, any dispute arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
15.3.3. Arbitral Tribunal: The arbitral tribunal shall consist of a sole arbitrator to be appointed by [Name of Appointing Authority].
15.3.4. Seat and Language: The seat of arbitration shall be in Pune located in Maharashtra, India. The language of the arbitration shall be English.
15.3.5. Finality of Award: The award rendered by the arbitral tribunal shall be final and binding on both parties.
15.3.6. Injunctive Relief: Notwithstanding the foregoing, the Company shall retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information and/or to prevent irreparable harm.
ARTICLE 16: MISCELLANEOUS PROVISIONS
16.1. Changes to Terms: The Company reserve the right to modify these Terms at any time by posting the revised Terms on our Platform. You are solely responsible for periodically reviewing these Terms to stay informed of any changes. Your continued use of our Platform after the posting of any revised Terms shall constitute your acceptance of such revised Terms.
16.2. Severability: If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect.
16.3. Waiver: No waiver of any provision of these Terms shall be effective unless it is in writing and duly signed by an authorized representative of the Company. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
16.4. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company relating to your use of the Platform and services, superseding all prior or contemporaneous communications and proposals, whether oral or written.
16.5. Third-Party Links and Services: The Platform may contain links to third-party websites, services or products, including those of payment gateway service providers or collaborators. We are not responsible for the terms, privacy policies or practices of such third parties. Users are advised to review the terms and policies of any third-party services before engaging with them.
ARTICLE 17: CONTACT INFORMATION AND GRIEVANCE REDRESSAL
17.1. General Contact Information: If you have any questions, concerns or require clarification regarding these Terms, please contact us at:
Homies Roam LLP having its registered address: Krishna Keval Ngr, BL-E/13 SNO 1A, Kondhwa KD, Pune 411048, Maharashtra, India
Email: reach@earmeout.in
Phone: + (91) 9226917038
17.2. Grievance Addressal: In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the designated person to address any grievances are provided below: Name: Baby Joseph
Email: resolveissues@earmeout.in
Phone: + (91) 9226917038
The grievance addressable personnel shall address any discrepancies and grievances of the users with regard to processing of information in a time-bound manner.
IN WITNESS WHEREOF, your continued access to or use of the Platform signifies your full and unequivocal acceptance of these Terms and Conditions.