Member Agreement
Please read these terms of service, NewVer Privacy Policy (together, these “Terms”) carefully as they form a contract between the Member and NewVer (collectively “NewVer”) and govern use of and access to the Service(s) and coaching platform (“Platform”) by Member. For the purpose of these Terms, wherever the context so requires “You”, “Your”, “Customer” or “Member” shall mean any natural or legal person who uses the Platform for availing the Services. The term “We”, “Us”, “Our” shall mean NewVer, its employees and authorised agents acting on its behalf. These Terms are to be read along with the Simply.Coach Terms and Simply.Coach Privacy Policy which will govern the Member’s use of the Website. By accessing or using the Service(s) or Platform, Member agrees to be bound by the Terms.
These Terms as hereinafter appearing are published in accordance with the provisions laid down under Rule 3(1)(a) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record do not require any signature.
1. Procedure
a. Each call/meeting shall be 45 minutes duration and the total number of sessions to be completed will be based on the package selected by the Member
b. The time of the coaching session will be determined by Coach and Member based on the mutually agreed upon time slot booked by the Member on the Platform.
c. The Coach and Member will join all scheduled calls through the video link provided on the Platform. In the event the Member is delayed the Coach will wait on the call for 10 minutes and then disconnect.
d. If the Member has not given sufficient notice, 24 (Twenty four) hours prior to scheduled time of call) and does not join the call as scheduled, on expiry of 10 minutes wait time, the session will be classified as a “no-show” and charged to the Member. If the Coach and Member are unable to connect on account of a technical problem on the Platform, they will complete the call outside the Platform and the technical fault will be reported to the Platform by the Coach post call completion as part of the session completion process.
e. Member agrees that it is the Member’s responsibility to notify the Platform and Coach 24 (Twenty four) hours in advance of the scheduled calls/meetings. Platform reserves the right to bill Member for a missed meeting.
2. Disclaimers and Warranties
a. Member acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the Indian Psychiatric Society, American Psychiatric Association or similar bodies and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and it is the Member’s exclusive responsibility to seek such independent professional guidance as needed. If Member is currently under the care of a mental health professional, it is recommended that the Member promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Member and the Coach.
b. You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and Your coaching calls and interactions with the Coach. As such, You agree that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Members understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
c. The Coaches available on the Platform are not in the employment of NewVer, and NewVer assumes no responsibility for their actions, omission or wrongdoing. While NewVer carefully screens applications to be empanelled as a Coach and insists on evidence of the applicant’s credentials, such Coaches act as independent contractors to NewVer and are neither our employees nor agents or representatives. While NewVer will help You match with a Coach and will help You find a new Coach if the match is unsuccessful, NewVer makes no representation or warranty whatsoever as to whether You will find the Coach’s Services relevant, useful, correct, satisfactory or suitable to Your needs.
d. You acknowledge that NewVer is merely a technology provider and is not involved in providing any healthcare or medical advice or diagnosis. The contents of any sessions with Coaches on the Platform are between You and the Coach, and NewVer is not responsible for any outcome between You and the Coach to this extent. Your decision to engage with a Coach for receiving Services upon the Platform is at Your own risk and NewVer shall not be responsible for any breach of service or service deficiency by a Coach.
e. While NewVer does research and verifies certain documents of the Coaches, we do not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence or background of any Coach. Your relationship with the Coach’s services is strictly with the Coach. NewVer is not involved with the actual substance of that relationship and we do not validate or control any of the Coach’s Services. We will not be responsible for:
i. any wrong advice, suggestion, guidance being given by the Coach, or any negligence on part of the Coach;
ii. any deficiency in service by the Coach;
iii. any type of inconvenience suffered by You due to a failure on the part of the Coach to provide agreed services or to make themselves available at the appointed time, inappropriate treatment, or similar difficulties;
iv. the ability or intent of the Coach or the lack thereof, in fulfilling their obligations to You.
f. You affirmatively consent that NewVer will, as needed, review Your communication with Coach for the following purposes:
i. During the onboarding process and during Coach matching process to ascertain that You are able to successfully engage with the Coach;
ii. To review any complaints about a particular issue/ instance that You reported against a Coach;
iii. On account of considerations for Your safety or complaints against an unethical Coach;
iv. To transition You to a new Coach;
v. Upon any quality assurance concerns expressed by You.
g. You affirmatively grant permission to NewVer to have Your matched Coach and other Coaches on the Platform periodically provide assessments of Your progress to NewVer. You understand that discussions between Coach and NewVer in respect of such assessments may be necessary to chart out the best course of action for You for the future. You acknowledge that the results of such assessments may be viewed by Your matched Coach to discuss with You.
3. Payments
a. The fee payable is based on the coaching package that the Member selected and paid for in advance through the Platform prior to commencement of the first session.
b. You can make payments for our Services through bank transfers and net banking, All payments for the package You select need to be made in advance and at least 3 working days prior to Your first session with the Coach. Please contact change@newver.me and not Your coach for any payment related queries.
c. Please note that any payments made by You towards availing our Services are non-refundable.
d. For any appointments with Coaches booked by You on the Platform (whether face-to-face or digitally by audio- video means), you may reschedule Your appointment with Your Coach, by informing Us and the Coach at least 24 hours prior to the appointment. Failure to do so would result in the session being considered as a ‘no show’ and charged to your package.
e. 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.
4. Termination
a. NewVer may, at any time terminate these Terms for any reason. NewVer 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.
b. You may terminate these Terms of Use, for any or no reason, at any point in time.
c. In the event of any termination or expiration of these Terms, the terms that are by their nature supposed to survive termination, shall survive termination.
5. Indemnification
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.
6. Limitation of liability
a. NewVer and its affiliates shall in no way be liable for any 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 NewVer has been advised of such damage.
b. 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. NewVer’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 shall not exceed the fee, if any, paid by You for the use of NewVer for the 3 (three) months immediately prior to the claim.
c. 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 NewVer and/or its affiliates responsible for such conduct.
d. 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 NewVer shall not be responsible for any liabilities arising out of such payments made on the Platform.
7. Governing law
This Agreement shall be governed by the laws of India, and the courts at Mumbai, India shall have exclusive jurisdiction with respect to any dispute arising hereunder.
8. Miscellaneous provisions
a. Entire Agreement: Unless otherwise specified herein, these Terms of Use for Services constitute the entire agreement between You and NewVer in respect of the Services and supersedes all previous written and oral agreements between You and NewVer, if any.
b. Severability: If any term or provision in these Terms 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, but the validity and enforceability of the remainder of these Terms of Use shall not be affected.
c. Unenforceability: If any provision of these Terms 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.
d. No Waiver: NewVer’s non-exercise of any right under or any provision of the Terms, does not constitute a waiver of that right or provision of the Terms
e. Notices: Any notice required or permitted to be given to NewVer hereunder shall be in writing by email to change@newver.me.
f. Assignment: Only NewVer 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.
g. Amendment: We reserve the right to make changes to these Terms 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.