Terms and Conditions 

Welcome to Winy 

Thank you for using our products and services (“Services”). The  Services are provided by Winy. By using our  Services, you agree to these Terms, including the Privacy Policy, counseling partnership, and code of conduct, which may be incorporated by reference. Please read them carefully. 

Using our Services 

Don’t misuse or abuse our Services. Don’t interfere with our Services or try to access them in a way other than what we provide. You can use our  Services only as permitted by law. We may suspend, ban, or stop providing our Services to you if you do not follow our Terms, Privacy Policy, or other policies or if we are investigating suspected misconduct. 

Every Content displayed in our Services does not belong to Winy. It only belongs to the individual who makes it available. We may review content to determine whether it is illegal or violates any of our policies, and we will remove or refuse to display content that we believe violates our policies or the law. We do not necessarily review all content and you should not assume that we do. 

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you may access. You may not use content from our Services unless you have obtained permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos from our Services without written consent from Winy. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

In connection with your use of our Services, we may send you announcements, administrative messages, and other information. You may opt-out of some of these communications. Some of our Services are available on mobile devices. Do not use our Services in a way that distracts you and prevents or diminishes your ability to obey traffic and safety laws. 

Counseling and Therapy Services (For Users/Patients)

DO NOT USE OUR SERVICE FOR EMERGENCIES. WINY  COUNSELORS MAY NOT BE TRAINED OR QUALIFIED IN ANY WAY  TO ASSIST THOSE IN SERIOUS CRISIS OR SUICIDAL CONDITION. ALL CRISIS CHARTS WILL  BE TERMINATED IMMEDIATELY. IF YOU ARE HAVING SUICIDAL THOUGHTS OR IF YOU FEEL THAT YOU MAY BE A DANGER  TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE  ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL THE RELEVANT EMERGENCY NUMBER IN YOUR  AREA AND NOTIFY THE POLICE OR EMERGENCY  MEDICAL SERVICES. 

You understand and agree that, although a mental or medical health professional, physician, attorney, or other professional Counselor or Therapist may have been accessed through Winy, Winy cannot predict or assess the competence of, or appropriateness for your needs, of the professional or other Counselor or Therapist. You also acknowledge and agree that you take full responsibility for the decision to access a Counselor or Therapist through the Site and to continue to interact with the Counselor or Therapist and that the role of Winy is strictly limited to providing access to such Counselors and Therapists for your consideration. 

Your relationship relating to the Counseling and Therapy Services is strict with the Counselor or Therapist. We are not involved in any way with the actual substance of that relationship or any part of the Counseling or Therapy Service (whether provided through the Platform or not).  Information shared between User and Counselor/Therapist during online therapy services may be reviewed periodically by Winy to conduct quality control,  address potential safety issues, and prevent misuse of our platform, if a certain suspicious or potentially harmful activity is detected. We may also use aggregated data from chat transcripts to conduct research and development. In reviewing this information, Winy will maintain all applicable confidentiality/privacy standards. 

Winy makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Portal/App or the Sites, (b) the willingness or ability of the Counselor or Therapist to listen, (c) the willingness or ability of any Counselor or Therapist to give advice, (d)  whether the Member shall find a Counselor or Therapists useful or satisfactory, (e) whether the Member shall find a Counselor or Therapist’s advice relevant, useful, accurate or satisfactory, (f) whether the Counseling of the Counselor or Therapist will be helpful, (g) whether the advice of the  Counselor or Therapist will be responsive or relevant to the Member’s question, or (h) whether the Counselor or Therapist’s advice will otherwise be suitable to the Member’s needs. 

In case you make a payment through the Platform or make any payment to us, this payment is made to the Counselor/Therapist for the Therapist Services. We may charge the Therapist by taking a portion of this payment for the use and operation of the Platform (“Platform Use Fees”). However, we will not be deemed as the Counselor or Therapist of any Therapy Services regardless of payment.  Furthermore, the payment for the use of the Platform is made by the Counselor/Therapist and not by you. 

WINY DOES NOT WARRANT THE VALIDITY, ACCURACY, OR  AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY  COUNSELORS OR THERAPISTS AND WINY WILL NOT BE LIABLE  FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO  RELIANCE ON ANY SUCH INFORMATION OR ADVICE. 

Winy provides discussion forums that allow Members to post questions about various topics and allow Counselors, Therapists, and Members to volunteer answers to such questions. Information and advice found on Winy are intended for general information purposes only and does not replace a meeting with a professional. You are encouraged to verify any information provided on Winy. Any reliance on information is done at your sole risk and liability. 

You acknowledge and agree that Counselors and Therapists are neither employees nor agents nor representatives of Winy, and Winy assumes no responsibility for any act or omission of any such Counselor or Therapist. 

Winy does not verify the skills, degrees, qualifications, credentials, or background of any Listeners. While Winy does verify the license,  qualifications, and credentials of Counselors/Therapists providing services through  Winy,  you acknowledge that we do not guarantee such verification of the skills, degrees, qualifications, credentials, competence, or background of any Counselors/Therapist. It is your responsibility to conduct independent verification regarding any Therapist that provides you with Therapy Services (whether through the Platform or not). WE STRONGLY RECOMMEND THAT  YOU CHECK THE CERTIFICATION AND/OR LICENSING OF  THE MEDICAL PROFESSIONAL, MENTAL HEALTH  PROFESSIONAL, PHYSICIAN, ATTORNEY, OR OTHER  PROFESSIONAL COUNSELOR WITH THE APPLICABLE STATE  LICENSING BOARD OR AUTHORITIES IN THE COUNSELOR’S  STATE OR COUNTRY. 

Counseling and Therapy Services (For Counselor/Therapist)

DO NOT USE OUR SERVICE FOR EMERGENCIES. WINY  DOES NOT ADVICE YOU TO ASSIST THOSE IN SERIOUS CRISIS OR SUICIDAL CONDITION. ALL CRISIS CHARTS WILL  BE TERMINATED IMMEDIATELY. IF YOU ARE HAVING SUICIDAL  THOUGHTS OR IF YOU FEEL THAT YOU MAY BE A DANGER  TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE  ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL THE RELEVANT EMERGENCY NUMBER IN YOUR  AREA AND NOTIFY THE POLICE OR EMERGENCY  MEDICAL SERVICES. 

You understand and agree that, although a mental or medical health seeker/patient/user may have been accessed through Winy, Winy cannot predict or assess the competence of, or appropriateness for your needs and services. You also acknowledge and agree that you take full responsibility for the decision to access a Patient/user through the Site and to continue to interact with the Patient/User and that the role of Winy is strictly limited to providing access to Patients/users for your consideration. 

The relationship of a user/patient relating to the Counseling and Therapy Services is strict with you as a Counselor or Therapist. We are not involved in any way with the actual substance of that relationship or any part of the Counseling or Therapy Service (whether provided through the Platform or not).  Information shared between Patient/User and Counselor/Therapist during online therapy services may be reviewed periodically by Winy to conduct quality control,  address potential safety issues, and prevent misuse of our platform, if a certain suspicious or potentially harmful activity is detected. We may also use aggregated data from chat transcripts to conduct research and development. In reviewing this information, Winy will maintain all applicable confidentiality/privacy standards. 

Winy makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Portal/App or the Sites, (b) the willingness or ability of you as a Counselor or Therapist or your patient/user to listen, (c) the willingness or ability of you as a Counselor or Therapist to give advice, (d)  whether the Member shall find you as a Counselor or Therapist useful or satisfactory, (e) whether the Member shall find your advice relevant, useful, accurate or satisfactory, (f) whether your Counseling will be helpful, (g) whether your advice will be responsive or relevant to the Member’s question, or (h) whether your advice will otherwise be suitable to the Member’s needs. 

In case any user makes a payment through the Platform, or makes any payment to us, this payment is made to you as the Counselor/Therapist for the Therapist Services. We may charge you by taking a portion of this payment for the use and operation of the Platform (“Platform Use Fees”). However, we will not be deemed as the Counselor or Therapist of any Therapy Services regardless of payment.  Furthermore, the payment for the use of the Platform is made by you and not by the user/patient to us. 

WINY DOES NOT WARRANT THE VALIDITY, ACCURACY, OR  AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY YOU OR ANY MEMBER AND WINY WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER OR YOU DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

Winy provides discussion forums that allow Members to post questions about various topics and other Members including you to volunteer answers to such questions. Information and advice shared or found by you on Winy is intended for general information purposes only and does not replace a meeting with a professional. You are encouraged to verify any information provided on Winy or take full responsibility if it is provided by you. Any reliance on information is done at your sole risk, responsibility, and liability. 

You acknowledge and agree that you as a Counselor/Therapist are neither employee nor agent nor representatives of Winy, and Winy assumes no responsibility for any act or omission of you as a Counselor or Therapist. 

Winy does make sure the quality and authenticity of its members but does not guarantee verification of any personal information, health report or information, contact details, skills, degrees, qualifications, credentials, competence, or background of any Member/Patient/User/Counselors/Therapist. 

Refund Policy

Your sessions can be pre-booked in advance and can be rescheduled 24 hours before the scheduled time of the appointment.

Any request to reschedule within 24 hours of the appointment or failing to turn up is chargeable amounting to non-refundable cancellation of the session. You will need to buy the sessions again to book the appointment. 

Your Winy Account 

You should have a Winy account to access our Services. You may create your Winy member and/or Counselor account. You may hold only one member and one Counselor account. To protect your Winy account,  keep your password and other data confidential. You are responsible for any activity that happens on or through your Winy account. If you discover  any unauthorized use of your password or Winy account, contact the  Winy Help Centre or Email us at info@thewiny.co

Privacy 

The Winy Privacy Policy explains how we treat your data and protect your privacy when you use our Services. By using our Services, you agree that Winy can use your data in accordance with our Privacy Policy

Copyright Claims

We respect the intellectual property rights of others and request users to do the same. We will respond to notices of abuse or alleged copyright infringement and terminate accounts of repeat offenders. If you believe there is copyright infringement,  please send an email at info@thewiny.co with:

Description of the alleged infringement 

Identification of the copyrighted work 

Your name and contact information (email address and phone number) 

A signed statement that you are either the copyright owner or the person authorized to act on behalf of the copyright owner. 

Your Content in our Services 

Some of our Services allow you to upload, submit, store, send, or receive content. Winy shall maintain the storage and integrity of such data in accordance with our Privacy Policy. Your Data will be kept private and under no circumstances will be shared with any other participant.

You can find out more about how Winy uses and stores your content in the Privacy Policy. If you submit feedback or suggestions about our  Services, we may use your feedback or suggestions without obligation to you. 

About Software in our Services 

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. 

Modification and Termination of our Services 

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. 

You can stop using our Services at any time. Winy may also stop providing  Services to you, or add or create new limits to our Services at any time. 

We believe that you own your data. Preserving your access to and control of your data is important. Upon request, we will delete all data related to your account in accordance with our Privacy Policy.

Our Warranties and Disclaimers 

DO NOT USE OUR SERVICE FOR EMERGENCIES. WINY  COUNSELORS MAY NOT BE TRAINED OR QUALIFIED IN ANY WAY  TO ASSIST THOSE IN SERIOUS CRISIS. ALL CRISIS CHARTS WILL  BE TERMINATED IMMEDIATELY. IF YOU ARE SUICIDAL  THOUGHTS OR IF YOU FEEL THAT YOU MAY BE A DANGER  TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE  ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL THE RELEVANT EMERGENCY NUMBER IN YOUR  AREA AND NOTIFY THE POLICE OR EMERGENCY  MEDICAL SERVICES. 

We provide our Services using a reasonable level of care and skill and we hope that you enjoy using them. There are certain things that we do not promise about our Services. 

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS,  NEITHER WINY NOR ITS AFFILIATES, OFFICERS, DIRECTORS,  SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS,  REPRESENTATIVES, OR AGENTS MAKE ANY COMMITMENTS  ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC  FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY,  AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE  PROVIDE OUR SERVICES “AS IS.” WE EXCLUDE ALL  WARRANTIES. 

Liability for our Services 

WHEN PERMITTED BY LAW, WINY AND WINY’S AFFILIATES,  OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES, OR AGENTS WILL NOT  BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA,  FINANCIAL LOSSES OR INDIRECT, SPECIAL,  

CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. 

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY  OF WINY AND ITS AFFILIATES, OFFICERS, DIRECTORS, 

SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS,  REPRESENTATIVES, AND AGENTS FOR ANY CLAIMS UNDER  THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES,  IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE  SERVICES (OR, IF WE SO CHOOSE, TO SUPPLYING YOU THE  SERVICES AGAIN). 

IN ALL CASES, WINY AND ITS AFFILIATES, OFFICERS,  DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES, AND AGENTS, WILL NOT  BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT  REASONABLY FORESEEABLE. 

About these Terms 

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. Time to time we may post notices of modifications to these terms on this page and email them to registered users. We’ll post notice of modified additional terms in the applicable Service. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should immediately discontinue your use of that Service. 

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. 

These terms control the relationship between Winy and you. They do not create any third-party beneficiary rights. 

If you do not comply with these terms, and we don’t take action right away, that doesn’t mean that we will give up any rights that we may have  (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of INDIA will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the court of Udaipur, Rajasthan, India, and you and Winy consent to personal jurisdiction in the court. You further agree to resolve the conflicts, Winy may choose to go for arbitration by a sole arbitrator, and the cost of arbitration, which includes the fees of the arbitrator, arbitration premises, and any other ancillary cost, will be borne by you. If you don’t agree then you shall not use this website.

For any query or information, please email us at info@thewiny.co

Business use of our Services 

If you are using our Services on behalf of a business or organization, that business or organization accepts these terms. It will hold harmless and indemnify Winy and its affiliates, officers, directors, shareholders,  employees, sub-contractors, representatives, and agents from any claim,  suit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses,  damages, suits, judgments, litigation costs, and attorneys’ fees.