This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The Website is owned and operated by Bright Ray (registered as: Bright Ray Training Research and Consulting Services OPC Private Limited ) (“Company”), a private limited company, incorporated under the provisions of the Companies Act, 2013 with registered office at 011, Ground Floor, CCCIET, Mar Ivanios Vidya Nagar, Nalanchira PO, Trivandrum, Kerala 695015. These terms and conditions govern your use of the Website and Services provided therein. By using or visiting the Website, or by using any content or information provided as part of the Website/ Services, you shall be deemed to have read, understood, and accepted to be bound by these Terms & Conditions. These Terms are a legal contract between you and Bright Ray , it is important that you review the Terms & Conditions carefully before accessing or using the Website. These Terms & Conditions are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Bright Ray, including without limitation the privacy policy ("Privacy Policy").

 

APPLICABILITY

For the purpose of these Terms, wherever the context so requires “You”, “Your” , “User” , " Client" shall mean any natural person who uses the Website for availing the services. The term “We”, “Us”, “Our”, “Bright Ray” shall mean the Company, Its Directors, its employees, and authorized agents that perform any services on behalf of the Company. 

If you are not an individual and are an incorporated/registered entity/institute/organization seeking to avail the services of Bright Ray for your members/employees/students or any individuals registered with you for any services, you shall enter into an agreement/memorandum of understanding with Bright Ray for this purpose. Each individual availing the services of Bright Ray under such agreement/memorandum of understanding shall be bound by these Terms and Privacy Policy available here.

 

CHANGES TO THE TERMS AND CONDITIONS

We reserve the right to make changes to these Terms & Conditions at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, 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 Website.

 

USER ELIGIBILITY

Use of the Website is available only to persons over the age of eighteen (18). If you are a minor i.e. under the age of eighteen (18) years, you shall not register as a member of the Website and shall not sell or purchase any items on the Website, unless you are accessing this Website with parental guidance. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years and are accessing this Website without parental consent. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.

 

USER RESPONSIBILITY

1) In order to use the Website, you may be required to provide information about yourself including your name, email address and other personal information ("Personal Information"). You agree that any information you provide to Bright Ray on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own. The treatment of your Personal Information and other related information, shall be in accordance with the Privacy Policy of Bright Ray.

2) You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, 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 violate any law.

3)You are responsible for maintaining the confidentiality of your account details at all times. Further, you are responsible for all activities that occur under your account.

4) You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. Bright Ray shall have no liability for conduct in relation to your use of our Website. You are solely responsible for any legal consequences arising out of your inappropriate use of the website.

5) You authorize Bright Ray or its representatives to contact you via email id, sms or mobile (information provided by you in your interaction with the website) to share with you promotional, informational or any other content that it deems fit.

 

PROPRIETARY RIGHTS

1) The Website contains content owned or rights reserved by Bright Ray. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

2) The  name and logo are trademarks of Bright Ray, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bright Ray. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Bright Ray, and may not be copied, imitated, or used, in whole or in part, without prior written permission from Bright Ray.

 

CANCELLATIONS & RESCHEDULING OF SESSIONS

You can cancel or reschedule a session booked on Bright Ray up to 24 hours before the scheduled time by requesting the same. Please refer to the Refund and Cancellation Policy for more details.

 

CLIENT - CONSULTANT INTERACTIONS

  1. Both the client and consultant agree to maintain the decorum of a client/consultant relationship and agree to not engage in any other form of interaction on the platform.
  2. In case of inappropriate behaviour by either party, Bright Ray will not be liable in any form. Involved parties alone and not Bright Ray will be responsible for any legal consequences arising out of such interactions.
  3. Both parties have the option to report inappropriate behaviour on the website to Bright Ray. In case a particular session is reported, Bright Ray reserves the right to remove the client or consultant or both from the platform without discretion. Bright Ray's decision in this regard will be final.
  4. Consultant and NOT Bright Ray, is liable to maintain the confidentiality of any personal information shared by the user with the consultant in video sessions. In case a consultant breaches the confidentiality agreement, the consultant alone and NOT Bright Ray will bear the legal or any other consequences.

PRICING

  1. While the price of services is listed on the website, Bright Ray reserves the right to determine the price of the services in every transaction. It can choose to apply discounts or premiums for specific users or groups of users.
  2. Bright Ray reserves its right to change the charges for services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.

PAYMENT

  1. We may charge for all the services we offer . Before availing any such Service, we will apprise the User of the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).
  2. User(s) can make payments through any of the available options.
  3. The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking/ Debit/Credit Cards (“Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).
  4. While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.
  5. You understand, accept, and agree that the payment facility provided by us, is neither a banking nor financial service.

DISCLAIMERS

  1. Bright Ray is not in the business of providing psychiatric care or treatment for severe mental illnesses including but not limited suicidal thoughts.
  2. The advice or information provided by our consultants via the website is provided for informational purposes only and cannot be considered a substitute for examination by a doctor or other mental health professional. You are advised strongly against relying solely on, or make decisions based solely on advice provided by any consultant.
  3. You understand and agree that a Consultant may be a qualified clinical or counselling psychologist or other mental health professional. Bright Ray disclaims any and all liability for any consultation and therapy services rendered by a Consultant to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access an Expert through the Website and to continue to interact with such individual(s), and that the role of Bright Ray is strictly limited to providing access to such Consultants to you.
  4. The website is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you may discontinue use of the services immediately at your discretion and please notify appropriate police or emergency medical personnel. 

PRIVACY AND SECURITY

  1. You understand that by using the Website you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.
  2. You understand that Bright Ray cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

APPLICABLE LAW AND DISPUTE RESOLUTION

  1. This Agreement shall be governed by the laws of India, and the courts of Thiruvananthapuram, Kerala,  shall have exclusive jurisdiction with respect to any dispute arising hereunder.
  2. In case of any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such office of Bright Ray as Bright Ray may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator appointed by Bright Ray. The place of the arbitration shall be  Thiruvananthapuram, Kerala  . The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.
  3. 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: Aroline K Tom, Email address : info@brightray.in

Postal Address: 011, Ground Floor, CCCIET, Mar Ivanios Vidya Nagar, Nalanchira PO, Trivandrum , Kerala 695015

Online Psychiatric Consultation

Bright Ray is providing a digital platform for its clients for online consultation with qualified Psychiatrists. However, by signing up, you consent to avail consultation via digital platforms. You agree that you know the potential risks, consequences and benefits of online consultation. You will ask a doctor or pharmacist, if you do not understand any of the information provided in the prescription. You will stop prescribed medicines in case of any adverse reaction/side effects. You will contact the psychiatrist immediately or go to the nearest registered medical practitioner for in-person consultation.

Note :

  1. Accepting this will facilitate
     a) To understand what information and history is required for effective consultation. Adequate and reliable information that is required for arriving at a provisional /definitive diagnosis.
     b) Arriving at diagnosis, planning treatment management and  documentation.
     c) Psychiatrist to effectively spend time with the patient during consultation.
     d) Please do remember that online consultation time is fixed per session. The average online consultation time is approximately 10 to 20 minutes, which is similar to in-person consultation time.
     e) Accepting this consent is optional for patient/family members.
     f) This proforma will be retained in the patient's file along with a copy of all the investigations and a copy of the prescription.
  2. Information to the patient and patient's family members
     g) Presence of patient is advisable during the online consultation. This is as per the Telemedicine Practice Guidelines 2020 and Mental Healthcare Act, 2017
     h) If the patient is not willing to come for telepsychiatry consultation, please follow Mental Healthcare Act, 2017 and request for in-person consult or home visit by the mental health care professionals for Mental Capacity Assessment (please, check if home psychiatric service is available)
     i) The Telemedicine Practice Guidelines have stated (Code 4.1.1.2) that the patient / patient's family member will be responsible for the accuracy of the information shared with the doctor. Please read Telemedicine Practice Guidelines available online from MoHFW, New Delhi (Available online at 
    https://www.mohfw.gov.in/pdf/Telemedicine.pdf)
     j) If symptoms are severe and/or severe side effects of medicines and/or emergency care is required, please do not wait for an online consultation appointment. Please do in-person consultation at the nearest psychiatrist or registered medical practitioner at the earliest.
     k) Neither of the parties (client / client's party or psychiatrist) will do audio or video recording, without prior explicit consent. Covert recordings (audio or video) are illegal since everyone being recorded must consent to be recorded. Explicit consent is must from all the parties.

Updated on 16th October 2022

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