TERMS AND CONDITIONS OF SERVICE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE ("TOS")CAREFULLY BEFORE USING THE WEBSITE.

A. DEFINITIONS

Client / You / User: Any natural person using the Services as defined below

Client Data: Information provided by You at the time of creating a Website user account, including compliance documents (e.g., scanned forms, statutory filings, reports, applications, notices).

Privacy Policy: The privacy policy available at https://www.cally.in/privacy-policy.

Website: www.cally.in, a proprietary service platform owned and operated by Cally

Cally / We / Us / Company: Cally Wellness Services Pvt. Ltd., registered at Suite 12A, Skyline Business Park, Salt Lake, Kolkata, West Bengal, India, 700091, including its authorized employees and affiliates

Services: Provision of psychological counselling services for challenges or issues Clients may face in their lives. Services exclude counselling for psychotic disorders or Clients with suicidal tendencies.

Counsellors: Professionals registered on the Website who provide emotional wellness support.

B. INTERPRETATION

This TOS, the Privacy Policy, Refund Policy, and any other Website policies together form the Agreement.

Accessing Cally via mobile application is governed by this Agreement, plus any additional terms imposed by app stores.

References to "Website" also include Cally's mobile application.

Services under this Agreement are offered within India unless specified otherwise.

1. THE WEBSITE

1.1 Users

• Registered Users: Those who register and create an account (with user ID and password) to access Services.
• Non-Registered Users: Those who access general information without registering.

1.2 Features

For Registered Users

• Obtain general information and guidance from Counsellors.
• View responses to questions asked by other Users.
• Schedule in-person appointments at Counsellors' premises.
• Interact privately with Counsellors via chat or phone.
• Pay consultation fees (including Cally's internet handling fee).

For Non-Registered Users

• Access Counsellor profiles (name, qualifications, fees, experience, memberships).
• View indicative Counsellor appointment availability.

For Counsellors

• Publish profiles visible to Users.
• Interact privately with Registered Users via Website features.
• Receive fees for offline sessions facilitated through Cally.
• Respond to general User questions.
• Contribute articles or materials on emotional wellness.

1.3 Content Types

• User Content: Questions, data, and interactions submitted by Users.
• Counsellor Content:Responses, articles, and educational materials from Counsellors.
• Cally Content:Proprietary content generated or procured by Cally.

2. USE OF THE SITE

2.1 Obligations of All Users

• Use only in compliance with Indian laws
• Ensure all information provided is accurate, complete, and not misleading.
• Do not upload malware, spyware, viruses, or malicious software.
• No use of bots, scrapers, or automated tools without written consent.
• Do not copy, sell, sub-license, or commercially exploit Website materials without authorization.
• Cally reserves the right to restrict access to certain Website areas.

2.2 Registered Users

• Cally is not a psychiatric care provider and does not treat suicidal ideation or severe mental illness.
• Verify any information received from Counsellors independently
• Appointment scheduling is facilitated but Cally does not endorse or guarantee any Counsellor.
• Consent must be obtained before posting User Content.
• Users are responsible for activities conducted on their account (including for family or friends).
• Fees for sessions are payable in advance to Cally (including handling charges).

2.3 Non-Registered Users

• May view Counsellor profiles and availability but Cally does not endorse any Counsellor.

3. ROLE OF CALLY

• Cally acts as a technology intermediary under the Information Technology Act, 2000 .
• Provides a platform for hosting User Content, Counsellor Content, scheduling, payments, and preliminary interactions.
• Not liable for:
  • Service outcomes between Counsellors and Users.
  • Business or consequential losses.
  • Events outside its reasonable control.
• Cally may monitor and remove inappropriate content but is not obligated to pre-screen.
• Illegal or fraudulent activity may be reported to authorities.

4. THIRD-PARTY LINKS

The Website may contain links to third-party websites

• Cally does not endorse or control third-party sites.
• Users visit such sites at their own risk and are bound by third-party terms of use.

5. PROPRIETARY RIGHTS

The Website may contain links to third-party websites

• All Website software, design, and content belong to Cally or its licensors
• “Cally” is a registered trademark.
• Unauthorized reproduction, sale, framing, or derivative works are prohibited.
• Users retain ownership of their content but grant Cally a worldwide, royalty-free license to use for promotional or educational purposes.

6. PERSONAL INFORMATION

• Cally may collect personal data during registration and use.
• Use of data is governed by the Privacy Policy.
• By registering, You consent to such use.

7. DISCLAIMERS

• Interactions with Counsellors are strictly between Users and Counsellors.
• Cally does not provide medical advice, diagnosis, or treatment.
• Counsellor information is self-reported and may change; Users should verify independently.
• No professional relationship exists between Cally and Users.
• The Website is provided “as is” and “as available.”

Cally disclaims liability for:

• Counsellor performance or qualifications.
• Accuracy of information.
• Technical disruptions, data loss, or delayed notifications.
• Security breaches beyond its control.

8. LIMITATION OF LIABILITY

Cally’s liability is limited to the amount actually paid by the User for Services. No liability for indirect, special, incidental, or consequential damages.

9. REPRESENTATIONS & WARRANTIES

By using the Website, You warrant that:

• You are at least 18 years old
• Registration details are accurate and updated.
• You will use the Website for personal, lawful purposes only.
• You will not:
  • Modify or delete Website legal notices.
  • Reverse engineer Website code.
  • Upload unlawful, obscene, defamatory, or harmful content.
  • Upload viruses or impersonate others.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Cally, its affiliates, employees, Counsellors, and service providers from any claims, damages, or losses arising from:

• Your use of the Website
• Your breach of this Agreement.
• Your negligence or misconduct.

11. TERMINATION

• Cally may suspend or terminate accounts for breach, fraud, or misuse.
• Upon termination, all rights to access the Website cease immediately.
• Cally may delete related information without liability.

12. GOVERNING LAW & JURISDICTION

• This Agreement is governed by the laws of India.
• Exclusive jurisdiction lies with the courts in Kolkata, West Bengal, India.

13. MODIFICATIONS

• Cally may amend this Agreement at any time without prior notice.
• Users will be notified via the Website or email. Continued use constitutes acceptance.

14. ARBITRATION

• Disputes will be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996.
• Arbitration shall be conducted in English, seated in Kolkata.
• Cally will appoint a sole arbitrator.
• Interim relief may be sought from courts.

15. GENERAL PROVISIONS

• Severability: Invalid provisions will not affect the remainder
• Notices: Communications to Cally must be in writing to: Cally Wellness Services Pvt. Ltd., Suite 12A, Skyline Business Park, Salt Lake, Kolkata, West Bengal, India, 700091. Communications to Users will be via their registered email
• Waiver: Must be in writing; no implied waivers
• Entire Agreement: This Agreement is the full understanding between parties
• Force Majeure: Cally is not liable for delays beyond its control.
• Advertisement: Cally may place advertisements on the Website.
• Assignment: Users may not assign rights without Cally’s consent.
• Conflict of Terms: Order of precedence: Privacy Policy → TOS → Refund Policy → Other Policies.
• Complaints: Users may contact support at help@cally.in or call +91 99001 55667.

VIDEO CALL PROCESS

If a video session is scheduled within 1 hour of the appointment, the Google Meet link will be sent at least 5 minutes prior to the appointment.