TERMS OF USE

  1. Background

    1. The mobile application TickTalkTo is owned, registered and operated by TickTalkTo, a sole proprietorship owned and managed by Mr Abhay Singhal ("TickTalkTo"), having its principal place of business at 289, Model Gram, Ludhiana 141002. For the purposes of this Terms of Use, the application shall be known as the “Platform”.
    2. These terms of Use (“Terms of Use”) govern Your use of the Platform and services provided therein (“Services”), through the Platform and contain all the terms and conditions thereto. By using or visiting the Platform or by using any content or information provided as part of the Platform/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use. If You do not agree to these Terms of Use, please not use the Platform or the Services. Since these Terms of Use constitute a legal contract between You and TickTalkTo, it is imperative that You review these Terms of Use carefully and in their entirety. These terms of Use are not intended in any way to alter or limit the terms and conditions of any other contractual arrangement You may have with TickTalkTo, including without limitation the Privacy Policy, which shall be and read to be a part of these Terms of Use.
    3. For the purpose of these Terms of Use, wherever the context so requires “You”, “Your”, “User” or “Customer” shall mean any natural or legal person who uses the Platform for availing the Services. The term “We”, “Us”, “Our” shall mean TickTalkTo, its employees and authorised agents acting on its behalf.
    4. The Platform and Services are available for use only to persons above the age of 18 (eighteen) years. If You are under the age of 18 (eighteen) years, You shall not register with the Platform, unless You are accessing the Platform under parental guidance or the guidance of a legal guardian. TickTalkTo reserves the right to terminate Your account and deny You access to the Platform if it is brought to our notice that You are under the age of 18 (eighteen) and are accessing the Platform without parental guidance or the guidance of a legal guardian. We disclaim all liabilities for any harm caused to You on account of any use of the Platform without appropriate guidance.
    5. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Platform and Your continued use of the Platform, and/or the Services constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Platform.
  2. Services

    1. TickTalkTo is an online platform (“Platform”) that makes therapy, counselling, guidance and consultation accessible to people by connecting them with psychologists, psychotherapists, counsellors, doctors like psychiatrists and other experienced people, as the case may be (“Experts”).
    2. Please note that TickTalkTo does not provide any advice, therapy or any other information directly to the Users, and is a mere facilitator between Users and the relevant Expert.
  3. Intellectual Property Rights

    1. All content included on the Platform and delivered to Users as part of the Services, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, is the property of TickTalkTo, and is protected by the applicable intellectual property laws. The compilation of all content on this Platform is the exclusive property of TickTalkTo. You agree not to decompile, reverse engineer or disassemble any content accessible through the Platform, not to insert any code or product or manipulate the contents of the Platform in any way that affects the User’s experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate these Terms of Use if we, in our sole and absolute discretion, believe that You are in violation of this clause.
    2. TickTalkTo’s content available on or via the Platform, is provided to You ‘AS IS’ for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of TickTalkTo. TickTalkTo reserves all rights not expressly granted in and to the Platform.
    3. The Platform is the sole and exclusive domain of TickTalkTo. The Platform, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of TickTalkTo. The trademarks, domain names and trade dress of TickTalkTo shall not be used in connection with any product or service that is not affiliated with TickTalkTo, in any manner that is likely to
      • (a) cause confusion among Users or potential Users; or
      • (b) dilute the rights of TickTalkTo; or
      • (c) to disparage or discredit TickTalkTo.
    4. TickTalkTo only purports to use names, logos or marks appearing in this site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. For the avoidance of doubt, TickTalkTo does not purport to use any name, logo or mark in any territory in which it is not so entitled and will not supply or offer to supply Services bearing any such name, logo or mark into any such territory.
    5. You hereby grant to TickTalkTo a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information You submit to the Platform by all means and, in any media, now known or hereafter developed for any use or purpose. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process for a password or username, if any, or to content posted during a session with an Expert.
    6. You remain responsible for maintaining the confidentiality of Your Password and User name (if any) and any other security information related to Your account. TickTalkTo will not be liable for any loss that You incur as a result of someone else using Your account or Your password, either with or without Your knowledge.
  4. Disclaimers and Warranties

    1. The Experts available on the Platform are not in the employment of TickTalkTo, and TickTalkTo assumes no responsibility for their actions. While TickTalkTo carefully screens applications to be empanelled as an Expert and insists on evidence of the applicant’s credentials, such Experts act as independent contractors to TickTalkTo and are neither our employees not agents or representatives. Furthermore, we assume no responsibility for any act, omission or wrongdoing of any Expert. While TickTalkTo will help You match with an Expert and will help You find a new Expert if the match is unsuccessful, TickTalkTo makes no representation or warranty whatsoever as to whether You will find the Expert’s Services relevant, useful, correct, satisfactory or suitable to Your needs.
    2. You acknowledge that TickTalkTo is merely a technology provider and is not involved in providing any healthcare or medical advice or diagnosis. The contents of any consultations availed from Experts on the platform are between You and the Expert, and TickTalkto is not responsible for any outcome between You and the Expert to this extent. Your decision to engage with an Expert for receiving Services upon the Platform is at Your own risk and TickTalkTo shall not be responsible for any breach of service or service deficiency by an Expert.
    3. While TickTalkTo does research and verifies certain documents of the Experts, we do not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence or background of any Expert. Your relationship with the Expert’s services is strictly with the Expert. TickTalkTo is not involved with the actual substance of that relationship and we do not validate or control any of the Expert’s Services. We will not be responsible for:
      • (a) any wrong medication or treatment quality being given by the Expert, or any medical negligence on part of the Expert;
      • (b) any type of inconvenience suffered by You due to a failure on the part of the Expert to provide agreed services or to make themselves available at the appointed time, inappropriate treatment, or similar difficulties;
      • (c) the ability or intent of the Expert or the lack thereof, in fulfilling their obligations to You;
      • (d) any medical eventualities that might occur pursuant to using the services of an Expert.
    4. You agree, confirm and acknowledge that You are aware of the fact that in some cases, Services offered by TickTalkTo may not be a substitute for a face-to-face session by a licensed therapist. If You are thinking about suicide or if You are considering taking actions that may cause harm to You or to others or if You feel that You or any other person may be in any danger or if You have any medical emergency, You must immediately approach relevant emergency service providers and notify the relevant authorities.
    5. You acknowledge that some of the content available on the Platform (including information provided in response to posts or questions) may be provided by individuals in the medical or psychiatric profession. The provision of such information on the Platform does not create a licensed medical professional/patient relationship between You and TickTalkTo and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition. Such information is only provided to assist You in locating appropriate care.
    6. You acknowledge that the Services provided on the Platform may not involve Experts conducting physical examinations of You. Hence, Experts may not be able to derive important information that is usually obtained through a physical examination. You agree that You are aware of this limitation and that TickTalkTo cannot be held liable for the same.
    7. You acknowledge that any interactions and associated issues You may have with other users on the Platform, including but not limited to their health issues and experiences are strictly between such You and other users on the Platform. TickTalkto shall assume no responsibility for any such interactions and associated issues.
    8. While TickTalkTo protects and honours Your privacy [Read our privacy policy here], independent Experts practicing through TickTalkTo retain a “Duty to Warn” as regulated by relevant regulations. You acknowledge that any solicitation of advice on the Platform with respect to clause 4.4 above may result in the Expert’s “Duty to Warn” triggered if the Expert feels it necessary to do so. In these circumstances, TickTalkTo may be required to submit certain details about You to the proper authorities, including but not limited to Your location, IP address or any other markers for personal identification.
    9. Understanding that the consent above may impact Your privacy, You affirmatively consent that TickTalkTo will, as needed, review Your communication with Expert for the following purposes:
      • (a) During the onboarding process and during Expert matching process to ascertain that You are able to successfully engage with the Expert;
      • (b) To review any complaints about a particular issue/ instance that You reported against an Expert;
      • (c) On account of considerations for Your safety or complaints against an unethical Expert;
      • (d) To transition You to a new Expert;
      • (e) Upon any quality assurance concerns expressed by You.
    10. You affirmatively grant permission to TickTalkTo to have Your matched Expert and other Experts on the Platform periodically provide clinical assessments of Your progress to TickTalkTo. You understand that clinical assessments serve to provide information on Your mental health and well-being, and that discussions between Experts in respect of such clinical assessments may be necessary to chart out the best course of action for the future. You acknowledge that the results of such clinical assessments may be viewed by Experts, on the Platform, including Your matched Expert to discuss with You.
    11. You acknowledge and consent to the fact that TickTalkTo may use “Meta Data” and other search terms to scan de-identified transcripts to search for trends and patterns that may affect the quality of service on the Platform or the practices of the Experts. All de-identified data, meta-data and research data collected by TickTalkTo through Your usage of TickTalkTo remains the sole property of TickTalkTo and its corporate owners, subject to provisions contained in the Privacy Policy. You have no rights to the ownership, removal or deletion of data on the Platform.
    12. To the maximum extent permitted by applicable law, the Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No information, whether oral or written, obtained by You from the Platform will create any warranty not expressly stated herein. Without limiting the foregoing, TickTalkTo does not warrant that the content on the Platform is accurate, reliable or correct; that the Platform will meet Your requirements; that the Platform will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Platform is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Platform is downloaded at Your own risk and You will be solely responsible for any damage to Your computer system or mobile device or loss of data that results from such download or Your use of the Platform.
    13. TickTalkTo does 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. TickTalkTo will not be a party to or in any way monitor any transaction between You and third-party providers of products or services.
    14. You acknowledge that TickTalkTo uses the services of certain third-party service providers in relation to the maintenance, upkeep, and optimisation of the Platform. In this regard, You agree that any failures on part of any such third-party service providers that affect the functioning of the Platform shall in no way be attributable to TickTalkTo.
  5. Use of the Platform and conduct

    1. Use of the Platform:
      • (a) You may use the Platform for lawful purposes only. You shall not post or transmit through the Platform any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any law.
      • (b) You agree not to engage in any of the following prohibited activities:
        • (i) copying, distributing, or disclosing any part of the Platform in any medium;
        • (ii) transmitting spam, chain letters, or other unsolicited email;
        • (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;
        • (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
        • (iv) uploading invalid data, viruses, worms, or other software agents through the Platform;
        • (v) collecting or harvesting any personally identifiable information, including account names, from the Platform;
        • (vi) using the Platform for any commercial purposes without having all necessary rights and licenses to the user content;
        • (vii) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
        • (viii) interfering with the proper working of the Platform;
        • (ix) accessing any content on the Platform through any technology or means other than those capabilities provided by the Platform; or
        • (x) bypassing the measures we may use to prevent or restrict access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein.
    2. User Content Guidelines:
      • (a) You are solely responsible for Your conduct and any data that You submit, post or display on or via the Platform. TickTalkTo shall have no liability for conduct in relation to Your use of our Platform. Violations of these Terms of Use may result in legal consequences prescribed by the applicable laws.
      • (b) The Platform provides Users the facility to create, share and post content. TickTalkTo claims no ownership rights over such user content created by You. TickTalkTo has the right (but not the obligation) in its sole discretion to remove any user content that is stored via the Platform.
      • (c) TickTalkTo takes no responsibility and assumes no liability for any user content that You or any other User or third party creates, stores, shares, posts or sends through the Platform. 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 of Use, You may bear legal responsibility for that content.
      • (d) You agree not to post, store, transmit, create or share any user content that:
        • (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
        • (ii) may create a risk of any other loss or damage to any person or property;
        • (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
        • (iv) may constitute or contribute to a crime or tort;
        • (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
        • (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or
        • (vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any user content that You create, store, or share does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights (as defined below) or rights of privacy. TickTalkTo reserves the right, but is not obligated, to reject and/or remove any user content that TickTalkTo believes, in its sole discretion, violates these provisions.
    3. In connection with Your user content, You affirm, represent and warrant the following:
      • (a) Your user content and Your use thereof as contemplated by these Terms of Use and the Platform 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.
      • (b) To the extent that You use the Platform 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 Platform.
      • (c) TickTalkTo may exercise the rights to Your user content granted under these Terms of Use without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
    4. TickTalkTo takes no responsibility and assumes no liability for any user content that You or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Platform, whether directly or indirectly. You shall be solely responsible for Your user content and the consequences of posting, publishing it, or sharing it and You agree that TickTalkTo is only acting a passive conduit for the distribution and publication of Your user content. If Your content violates these Terms of Use, You may bear legal responsibility for that content.
  6. Payments and refunds

    1. You can make payments for our Services through bank transfers, net banking, wallets and debit/credit cards. We use a secure payment gateway to process all transactions on the Platform.
    2. Please note that any payments made by You towards availing our Services are non-refundable. However, in case You have a genuine grievance with our Services or are not satisfied with our Services, please send us an mail at support@ticktalkto.com. We will peruse the contents of each mail on a case to case basis and may refund the payments made by You if we deem fit. If such a refund request is approved by us, we shall refund the payments to You within a period of 7 (Seven) working days from the date of approval of the refund. The decisions of TickTalkTo on any such issue will be final and binding.
    3. Please note that Your failure to use any of the Services after making payment does not entitle you to a refund. Such Services cannot be shifted to any other time period and the Services will be deemed to be consumed by You.
    4. For any appointments with Experts booked by You on the Platform (whether face-to-face or digitally by audio- video means), you may reschedule Your appointment with Your Expert a maximum of one time, by informing Us at least 24 hours prior to the appointment. We may consider any requests for rescheduling received less than 24 hours prior to the appointment on a case to case basis, solely at our discretion. TickTalkTo will not entertain any requests for rescheduling appointments in case of a no-show from Your end without prior notice.
    5. We reserve the right to change the amounts we charge for our Services at any time. We shall give You prior notice of 3 (three) days in case of any such changes to our charges. Continued use of the Platform on your Part after receipt of such notice shall signify Your acceptance to the changes in our charges.
    6. In case TickTalkTo offers the Services or any part thereof on a pay-as-you-want basis, You are entitled to avail of the Services or the relevant part thereof by paying Us any sum that you believe is the fair value of the Services received by You. For any payments made to Us for Services received on a pay-as-you-want basis, TickTalkTo shall issue to You an invoice for the value of payments made within 1 (one) day of receipt of such payment.
  7. Gift card terms and conditions

    1. The following rules shall apply to TickTalkTo E-card gift certificates (“Gift Certificates”):
      • (a) Gift certificates cannot be used to purchase other gift certificates.
      • (b) Gift certificates are not valid until payment has been received and successfully processed by TickTalkTo.
      • (c) Except as provided herein, Gift certificates have no cash value.
      • (d) Gift Certificates are void where prohibited or restricted by law.
    2. TickTalkTo reserves the right to refuse service or reverse any Gift certificate purchase for any reason and return the funds to the purchaser.
  8. Gift Certificates

    1. Gift certificates are only redeemable at TickTalkTo for the amount or service specified on the e-card gift certificate, by the expiration date indicated. TickTalkTo reserves the right to convert service-based gift certificates to their monetary value, equivalent to what was paid for the gift certificate, at its option and sole discretion.
    2. Except as required by law, gift certificates are not redeemable for cash and cannot be returned for a cash refund.
    3. Any unused balance of the gift certificate will remain until redeemed or the original expiration date indicated on the gift certificate, whichever occurs first.
    4. If a purchase exceeds the amount listed on the gift certificate, the redeemer is responsible for paying the difference at time of purchase.
    5. TickTalkTo is not responsible for emailed gift certificates that do not reach their intended recipient for reasons beyond its control. Bounced emails are not monitored by TickTalkTo and receipt of email cannot be verified. TickTalkTo can only verify receipt of the gift certificate, if the recipient of the gift certificate actually uses the URL enclosed in the email message to access the gift certificate using an Internet browser. TickTalkTo is not responsible for late delivery of gift certificates.
    6. Risk of loss will pass to the purchaser of the gift certificate upon the electronic transmission of such gift certificate to the recipient or purchaser.
    7. TickTalkTo, its agents and affiliates, make no warranties, express or implied, with respect to e-card gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. in the event a gift certificate number or bar code is non-functional, Your sole remedy, and ticktalkto’s sole liability, shall be the replacement of such gift certificate.
    8. Use and redemption of our e-card gift certificates are also governed by our Privacy Policy.
  9. Cancellation and Expiration of Gift Certificates

    1. TickTalkTo reserves the right to immediately invalidate E-card gift certificates, without notice, should it receive a credit card chargeback, returned check or other form of repudiated payment made towards the gift certificate.
    2. TickTalkTo is not responsible for lost e-card gift certificates. Reasonable and prudent steps are taken to verify the legitimacy of a redeemer and upon full redemption or at the expiration date, the gift certificate will be identified as not valid for payment of any kind.
    3. TickTalkTo reserves the right to dishonor the gift certificate, if it reasonably believes it was not validly purchased, has already been redeemed, or the redeemer stole or is otherwise not the intended beneficiary of the purchaser.
    4. E-card Gift certificates are not valid or redeemable after the expiration date indicated on the gift certificate email.
    5. TickTalkTo will replace a valid lost e-card gift certificate, provided the original gift certificate hasn’t been redeemed and the replacement is issued to either the original purchaser or a verifiable recipient.
    6. TickTalkTo reserves the right to contact gift certificate purchasers, or known recipients, to remind them of upcoming expiration dates.
  10. Third party links

    1. The Platform may contain links to other websites (“Third Party Links“). The Third Party Links are not under the control of TickTalkTo. We are not responsible for the content of any Third Party Links, including, without limitation, any link contained in a Third Party Link Linked Site.
    2. We are not responsible for any form of transmission whatsoever, received by the You from any Third-Party Links. We are providing these links only for Your reference, and the inclusion of any such link does not imply endorsement by the Platform, of the Third-Party Links or any association with its operators or owners including the legal heirs or assigns thereof. The appearance of a link does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to TickTalkTo. TickTalkTo does not endorse the content on any third-party websites. TickTalkTo is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. TickTalkTo does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents.
    3. On accessing the Third-party Links, You shall be governed by the terms of use, privacy policy and such other additional policies of the Third-Party Links. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Links or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.
  11. Termination

    1. TickTalkTo may, at any time terminate these Terms of Use for any reason. TickTalkTo reserves the right, in its sole discretion, to restrict, suspend, or terminate Your access to and use of the Platform, with or without prior notice. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms of Use.
    2. You may terminate these Terms of Use, for any or no reason, at any point in time.
    3. In the event of any termination or expiration of these Terms of Use, the terms that are by their nature supposed to survive termination, shall survive termination.
  12. Indemnification

    1. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by You of any of these Terms of Use, or any use by You of the Platform violates any third party rights or applicable laws.
    2. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to You, as we deem necessary.
    3. You shall not settle any third-party claim or waive any defence without our prior written consent.
  13. Limitation of liability

    1. TickTalkTo and its affiliates shall in no way be liable for any direct, incidental, consequential, indirect, special or punitive damages arising out of Your access, use, misuse or inability to use the Platform or any linked sites, or in connection with any failure of performance. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if TickTalkTo has been advised of such damage.
    2. The above excluded liabilities include, but are not limited to, medical, legal and any other malpractice damage claims or awards, pain and suffering, personal injury/ wrongful death, loss of income, loss of consortium, business interruption, medical bills, damages for loss of data, loss of programs, and/or cost of procurement of substitute services or service interruptions. TickTalkTo’s cumulative liability for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the Platform under these Terms of Use shall not exceed the fee, if any, paid by You for the use of TickTalkTo for the prior 6 (six) months.
    3. By use of the Platform and the Services, You acknowledge that You are solely responsible for any and all actions, liabilities, consequences, decisions or behaviour arising out of or in connection with the use of the Platform and/or Services and shall in no way hold TickTalkTo and/or its affiliates responsible for such conduct.
    4. TickTalkTo and its affiliates shall assume no responsibility for any loss or damage incurred by You on account of
      • (i) any payment issues arising out of a transaction on the Platform;
      • (ii) any lack of authorisation on your part to conduct any transactions on the Platform; or
      • (iii) decline of any such transaction on the Platform.
      You agree and accept that any transactions You make on the Platform are separately governed by the terms and conditions of the agreement between You and the relevant bank or financial service provider, and that TickTalkTo shall not be responsible for any liabilities arising out of such payments made on the Platform.
  14. Governing law

    1. This Agreement shall be governed by the laws of India, and the courts at Chandigarh, India shall have exclusive jurisdiction with respect to any dispute arising hereunder.
  15. Grievance officer

    1. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the ‘Grievance Officer’ are provided below:

      Name: Abhay Singhal

      Phone No: +91 8054818430

      E-mail Address: abhay@ticktalkto.com

      Postal Address: 289, Model Gram, Ludhiana 141002
  16. Miscellaneous provisions

    1. Entire Agreement: Unless otherwise specified herein, these Terms of Use for Services constitute the entire agreement between You and TickTalkTo in respect of the Services and supersedes all previous written and oral agreements between You and TickTalkTo, if any.
    2. Survival: In the event of termination or expiration of these Terms of Use for any reason, any provisions of these Terms of Use that by their nature should survive termination of these Terms of Use will survive termination of these Terms of Use, unless contrary to the pertinent provisions herein stated.
    3. Severability: If any term or provision in these Terms of Use is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms of Use, but the validity and enforceability of the remainder of these Terms of Use shall not be affected.
    4. Unenforceability: If any provision of these Terms of Use 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.
    5. No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other Party with respect to any of the terms of these Terms of Use shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms of Use may be waived or amended only in writing or mutual agreement between You and TickTalkTo.
    6. Notices: Any notice required or permitted to be given to TickTalkTo hereunder shall be in writing and sent or transmitted by
      • (i) registered or certified mail;
      • (ii) hand-delivery;
      • (iii) email; or
      • (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified by TickTalkTo.
      All Notices required to be given under these Terms of Use shall be addressed to:

      Name: TickTalkTo

      Postal Address: 289, Model Gram, Ludhiana 141002

      E-mail Address: abhay@ticktalkto.com

    7. No Agency: Nothing in this Agreement shall be construed as making either Party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither Party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
    8. Assignment: Only TickTalkto may assign its rights to any third party under this agreement. You may not assign whole or any part of Your rights or obligations under this agreement.

This Agreement notice was last updated on January 18, 2019 and is deemed effective as of this date.