User Agreement

 WWW.Takalam.ae

Takalam Platform “User Agreement”

www.Takalam.ae is a website platform (the "Platform") owned and maintained by Takalam L.T.D., a company of limited liability registered in the Abu Dhabi Global Market in Abu Dhabi, UAE. You, the user, must carefully read the terms and conditions contained herein before using the Platform. Together with our Privacy Policy, the terms, and conditions set forth below constitute a binding contractual user agreement (the “User Agreement”) that you voluntarily and knowingly agree to enter into by accessing the Platform.

The Platform is not for use by anyone under the age of 18. Your use of the Platform constitutes your confirmation that you are 18 or older. If you do not agree to be bound to any term of this User Agreement, or if you are under 18 years of age, you are not authorized to access the Platform, and Takalam L.T.D. will have no liability whatsoever arising out of your unauthorized use.

1. Compliance with “Applicable Laws”; Takalam’s Obligation to Cooperate with Law Enforcement

This User Agreement evidences the commitment of Takalam L.T.D. to comply with current government legal authority laws, applicable to your use of this Platform. Your express consent to enter into this User Agreement by using the Platform constitutes your consent that this User Agreement is governed by “Applicable Laws” (defined below). You specifically agree to be bound by the relevant provisions of all UAE federal laws, regulations, and policies, without giving effect to any conflicts of laws principles, including the following: i) the Constitution of the UAE (Federal Law 1 of 1971); ii) the Penal Code (Federal Law 3 of 1987 as amended); iii) the Cyber Crime Law (Federal Law 5 of 2012 regarding “Information Technology Crime Control”) (as amended by Federal Law No. 12 of 2016 and Federal Law by Decree No. 2 of 2018); and iv) Regulating Telecommunications (Federal Law by Decree 3 of 2003 as amended), which includes several implementing regulations/policies enacted by the Telecoms Regulatory Authority ('TRA') in respect of data protection of telecoms consumers in the UAE. (the “Applicable Laws”).

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

Takalam may be obligated to comply with legitimate requests from law enforcement and other governmental entities for information about you. When possible, we will give you notice of these requests. However, in most cases, we will be prohibited from giving you notice. This prohibition may be express or based on our reasonable interpretation of Applicable Law. By providing Takalam with information, both directly, and as a result of your use of the Services, you agree to this paragraph.

2. Counselors and Counselor Services

The Platform is designed to be used to create an account with Takalam L.T.D. for purposes of connecting you with a Counselor who will deliver professional counseling services to you exclusively through the use of the Platform (“Counselor Services”).

Takalam L.T.D. provides through the Platform a panel of Counselors with whom you can interact for purposes of seeking Counselor Services. We provide details about the Counselors, including their professional profiles, for you to review, however, we do not conduct due diligence on the accuracy of all facts included in the profiles. You alone make the independent decisions as to which Counselor you retain, and which modes of consultation you desire to utilize: i) live online chat messaging; ii) teleconferences; or iii) video consultations. You agree that Takalam L.T.D. will not be responsible for any act or omission by the Counselors during any consultation. You agree not to record, resell or recreate any session or other content without Takalam L.T.D.’s prior consent.

Takalam L.T.D. does not provide any medical services or any other health-related advice. Based solely upon your personal decision, you shall engage in all interactions with the Counselor at your risk. You agree that all the information you provide to the Counselor regarding your identity, past emotions, personal history, or your present situation is accurate. Takalam L.T.D. will not be liable for any harm/damages arising out of such interactions. Takalam L.T.D. specifically disclaims any responsibility for any miscommunication or misinformation on the part of the Counselor.

The Counselors you are connected with through the use of the Platform are independent contractors, employees or agents of Takalam, and they are not entitled to bind Takalam L.T.D. in any way. The Platform’s role is limited to providing technologies enabling the Counselor Services to be provided to you by the Counselors, who assume full and sole responsibility for the delivery of the Counselor Services. Takalam L.T.D. has no obligation to supervise or monitor any of the Counselor Services provided to you.

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

By creating your account, you consent to receive communications from Takalam L.T.D. such as e-mails, text messages, reminders, newsletters, and other updates. You can opt-out of these communications by clicking the “unsubscribe” link provided on the Platform. Takalam L.T.D. does not endorse any brands or advertise any businesses, clinics, or other institutions owned, operated, or offered by any Counselors. Takalam L.T.D. will not use this data for any commercial purpose unless compelled to otherwise disclose the data in compliance with an order issued to Takalam L.T.D. by a governmental agency.

3. Booking Sessions and Making Payments

Sessions for the Counseling Services provided by your selected Counselor are booked by paying a monthly or annual subscription fee, or by paying a “per-session” fee. The authorization to book an appointment and participate in a consultation session is limited to a registered user only. You agree to be personally liable for the payment of all fees charged by Takalam L.T.D. to you when using the Counselor Services, and all such payments will be made exclusively through the payment functionality of the Platform.

When creating your account, you will be required to accurately provide personal data such as your name and contact details; payment details (such as credit card/bank account numbers); contact details of your family member or designated friend; gender, and date of birth. You will also be required to have paid the per session fee or a subscription fee for a period that has not expired at the time of booking. You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment-related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.

You agree to pay all fees and charges associated with your account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing Takalam L.T.D. with your Payment Means you authorize Takalam L.T.D. to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your account information.

You agree that, unless otherwise agreed by Takalam L.T.D., no payment shall be refundable. If for any reason the Platform does not provide the purchased Counselor Services, you can send an e-mail raising such an issue with details. Following notification of such an issue, Takalam L.T.D. will review the same and refund the amount if, in its sole discretion, it is determined you are entitled to the refund. You agree that your payment will not be refunded if you have committed any breach of this User Agreement or violated any applicable law while accessing the Platform. Takalam L.T.D. reserves the right to modify, terminate, or suspend any subscription plans or payment modes, at its sole discretion.

You acknowledge that all interactions with Counselors shall be carried out exclusively by using the Platform, and the fee charged shall include any taxes applicable now or in the future. You shall not communicate or interact with the Counselors directly without Takalam L.T.D.’s advance consent and payment of the fee for Counselor Services.

NOTICE TO CEASE USE OF THE PLATFORM IN CASES OF EMERGENCIES: THE PLATFORM IS NOT DESIGNED FOR EMERGENCY SITUATIONS AND THE COUNSELORS CANNOT PROVIDE ANY SUCH ASSISTANCE. IF YOU ARE CONTEMPLATING SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST CEASE USING THIS PLATFORM AND IMMEDIATELY CALL 999 TO NOTIFY THE RELEVANT AUTHORITIES AND SEEK IMMEDIATE PERSONAL ASSISTANCE.

THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION. THE PLATFORM IS NOT INTENDED FOR DIAGNOSES AND/OR TREATMENTS PRESCRIBING THE USE OF DRUGS OR MEDICAL TREATMENT, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF THE INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.

1. Intellectual Property Ownership; Third-Party Content

Takalam L.T.D. is the owner or the licensee of all intellectual property rights of the Platform. The materials published on the Platform are protected by applicable copyright laws. You must not download, copy, use and/or modify any materials available on the Platform for any other purpose other than for personal use. You will not use the site for violating any laws, attempt to hack or disassemble any software on the Platform. You agree that Takalam L.T.D. shall not be liable or responsible for any communication between you and the Counselor offline or through any other means. If you download, print, recreate or copy any materials from the Platform in breach of the mentioned terms, you agree that you shall destroy the same after your personal use.

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

Takalam L.T.D. may make software updates to the Platform at any given time. In order to use Counseling Services, you may be obligated to download the updated version of the Platform as a required precedent to continued use of Counseling Services. However, Takalam L.T.D. makes no guarantees any subsequent version of the Platform will work on users’ computers, mobile phone,s or other devices. Takalam L.T.D. is expressly not liable for any loss incurred due to users’ inability to use Counseling Services due to the inability to use an updated version of the Platform application on their chosen equipment.

2. Disclaimer of Warranty; Limitation of Liability

YOU HEREBY RELEASE TAKALAM L.T.D., ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, VOLUNTEERS, CONTRACTORS, REPRESENTATIVES, PARENTS, OWNERS, AFFILIATES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “TAKALAM L.T.D. RELATED PARTIES”) AND AGREE TO HOLD THE TAKALAM L.T.D. RELATED PARTIES HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION, AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE TAKALAM L.T.D. RELATED PARTIES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

If Applicable Law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with Applicable Law. This limitation of liability contained in this Section 5 shall survive the termination or expiration of this User Agreement.

1. Your Account, Representations, Conduct, and Commitments

You hereby confirm that you are legally able to consent to receive Counselor Services and that you are legally able to enter into this User Agreement.

You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current, and complete. Furthermore, you agree that during the term of this User Agreement you will make sure to maintain and update this information so it will continue to be accurate, current, and complete.

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

You agree to notify Takalam L.T.D. at info@takalam.ae immediately in the event of any unauthorized use of your Account Access or any other concern for breach of your account security.

You agree not to promote any business venture other than the use of the Platform.

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

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that Takalam L.T.D. may hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify Takalam L.T.D. for any such damage or loss.

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

You agree and confirm that your use of the Platform, including the Counselor Services, is for your own personal use only and that you are not using the Platform or the Counselor Services for or behalf of any other person or organization.

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

You acknowledge that the online messaging, teleconferencing and video conferencing experience depends on the services of internet service providers and/or other third parties outside of the control of Takalam L.T.D and that Takalam L.T.D. accepts no liability for any interruptions, time-lags, or disconnections during the online session.

You agree and commit not to make any use of the Platform for the posting, sending, or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software, virus, malware or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law. You agree not to solicit private information relating to a client’s use of the Platform, including passwords, secret questions, or other such information.

You agree and commit not to violate any applicable national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Counselors and Takalam L.T.D.

If you receive any file from Takalam L.T.D. or from a Counselor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

You will indemnify, defend and hold the Takalam L.T.D. Related Parties harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs, or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this User Agreement; (d) non-payment for any of the services (including Counselor Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive the expiration or termination of this User Agreement.

3. Modifications, Termination, Interruption, and Disruptions to the Platform

You understand, agree, and acknowledge that Takalam L.T.D. may modify, suspend, disrupt or discontinue the Platform, any part of the Platform, or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that Takalam L.T.D. will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

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

4. Resolution of Disputes

Any disputes or claims arising out or in connection with this User Agreement shall be resolved exclusively through confidential arbitration, conducted in English in the Abu Dhabi Global Market Arbitration Centre located in Abu Dhabi, UAE, and governed by the ADGM Arbitration Guidelines. Takalam L.T.D. and you agree that any awards obtained in the arbitration proceeding shall be enforceable in any government courts or departments having jurisdiction over the parties, including without limitation the Ministry of Justice of the UAE, the Abu Dhabi Judicial Department, and the Dubai Courts.

By clicking the button below to accept this Agreement, that you are the party identified in the registration process and that you represent that you have the full legal authority to enter this Agreement, and, you acknowledge your agreement to be bound by the terms and conditions set forth or referenced below. If you do not wish to be bound by these Terms, you must not access or use the Takalam Platform or the Counseling Services.

Date of Update: October 6, 2020

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