terms & conditions
Make sure you are aware of all terms & conditions
The information set out below is very important and should be considered carefully. It has been written to keep us both safe. Your access to and use of Asha Dullabh website is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website, you are fully accepting the terms, conditions, disclaimers and privacy policy contained in this notice. If you do not accept these, then we suggest that you immediately stop using the Website.
 
These Terms provide that all disputes between you and me will be resolved by a BINDING ARBITRATION process held in Cape Town, Western Cape province, South Africa. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE (There is no JURY system in South African law) and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution and Arbitration for the details regarding your agreement to arbitrate any disputes with us.
 
If you are registering on this Website on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms and conditions on such individual's or entity's behalf.
 
Medical/Psychological Advice Disclaimer
Disclaimer: The information, including but not limited to, text, graphics, images, videos and other material contained on this website are for informational purposes only. No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical or psychological condition or treatment and before undertaking a new health care regimen and never disregard professional medical advice or delay in seeking it because of something you have read on this website. 
The website does not offer crises intervention or emergency services. If you think you are at risk for suicide or may have a medical emergency, you should go to your nearest hospital, emergency room or clinic. 
 
The terms and conditions set out here in are the contract between you and Asha Dullabh, (“us”, “we”, “our” etc). By registering with us, visiting, or using this Website, you agree that you have read these terms and conditions, understood them and agree to be bound by all of them, including that you consent to the information practices disclosed in the Privacy Policy, which is incorporated herein by reference.

AGE
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with this Website and Service. If you are between 13 and 18 years old, or the applicable legal age in your jurisdiction, you may use this Website only in conjunction with, and under the supervision of, your parent or legal guardian who has agreed to the terms and conditions set out here in. If you are under the age of 13, you may not use this Website. If you are the parent or legal guardian of a child under the age of 18, you may use this Website or Service on behalf of such minor child.

You are: Anyone who uses this website or the service that we provide. If you use this W\website or Service on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these terms and conditions to “you” shall refer to such child or such other individual for whom you have authorization to enter into these terms and conditions on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. 
 
Licence and Registration
Asha Dullabh is a trade name of registered in the Republic of South Africa. Asha Dullabh is a licenced and registered Clinical Psychologist in the Republic of South Africa. In addition, Asha Dullabh holds a DHA and DOH Licence in the United Arab Emirates. 
The Website is administered in South Africa; any users outside of South Africa are responsible for compliance with any local laws applicable to their use of the Service or this website.
These are the agreed terms
 
Definitions

“Appointment” 
means any individual or group encounter with Asha Dullabh. This includes, individual appointments, workshops, trainings or talks presented online or booked via this website. 
 
“Affiliate Link”
means any link (URL) that contains the ID or username of a member that is used to track the traffic that that affiliate directs to an advertiser’s site as part of any affiliate program.
 
“Content” 
means the textual, visual or audio content that is encountered as part of your experience using this Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
 
“Forums”
 means interactive areas on this Website that allow for you and Users to engage in online discussion. This includes areas which are intended to allow peer support (Online Support Groups) and areas that encourage the sharing of information.
 
“ Asha Dullabh”
means the owner/s or the business and all of affiliates, staff and contractors. Asha Dullabh also incorporates the name Therapy S.M.A.R.T. 
 
“Service”  
means any service we provide as set out on this Website and in this contract.
 
“Directory” 
means the [name] directory of psychotherapists and mental health service providers and mental health service providing organisations that forms part of this Website.

“Blog” 
means the article content submitted to or posted on this Website either by you, us or a User and includes the articles posted and set to only display within the blog sections of this site.
 
“User” 
means any person other than you who uses this Website for any purpose.
 
“This Website”
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by Asha Dullabh. It includes all web pages controlled by Asha Dullabh including but not limited to directory entries, Therapist Sites, articles and online forums. 
 
“Provider” 
means any person or organisation whose services or details are listed on this Website including but not limited to other therapists or websites.  
 
"Post"
means submit for publication on this Website or to place on or into any part of this Website any Content or material of any sort by any means.
 
“Service”
means all of the services available from this Website.
 
"you” “yours” etc, 
means you, the party to this agreement.
 
Your account and personal information
When you visit this website, you accept responsibility for any action done by any person using your name, account or password – (This may include, but is not limited to, you being liable for any financial loss, or technical or defamation damages, either to this website, our business or any other person, or combination of these, that may result from the use of your name, account or password). You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

WAIVER OF LIABILITY AND RELEASE
I, agree that I shall not hold Asha Dullabh, it’s related affiliates, it’s companies, it's shareholders, officers, agents, employees or representatives, or my instructor liable for any adverse effects, injury, harm, illness or damage alleged to have been caused by the use of methods and techniques of any and all one on one sessions, seminars, courses, workshops or whatsoever training, further within referred to as APPOINTMENT, whether during the APPOINTMENT or at any other time. I acknowledge that I shall not receive any specific medical knowledge or information in my APPOINTMENT
 
DECLARATION 
I confirm that: I shall use the information disclosed during the APPOINTMENT, and contained in the APPOINTMENT literature only for the purpose disclosed during the APPOINTMENT and/or literature.
 
I shall treat and safeguard the information as private and confidential.
 
I shall not at any time, without the prior written consent of Asha Dullabh and all her associated websites, including Therapy S.M.A.R.T disclose or reveal any information to any other person or party whatsoever.
 
I shall not at any time use the information to solicit or entice away or endeavour to solicit or entice away any suppliers to, customers/clients of, or employees of ASHA DULLABH either to join me or for any other purpose.
 
I shall not be entitled to impart, deliver and/or share the APPOINTMENT, or any part and/or variation thereof.
 
I shall not be entitled to duplicate, distribute and/or share the APPOINTMENT literature, or any part and/or variation thereof.
 
The disclosure by ASHA DULLABH of the information contained in the APPOINTMENT and APPOINTMENT literature shall not constitute an option, grant or licence to me under any patent, copyright or any other intellectual property rights, or rights of any nature or kind whatsoever, which are presently held by ASHA DULLABH or which may be held by ASHA DULLABH in the future.
 
All information disclosed to me by, or on behalf of, ASHA DULLABH shall be and remain the sole property of ASHA DULLABH.
 
In the event of any provision of this Agreement being declared invalid, or unenforceable, such provision shall be deemed to be severed and deleted and neither such provision nor its deletion shall affect the validity of the remaining provisions herein.
 
BREACH
In the event that I fail to comply with the terms and conditions, I confirm that:
ASHA DULLABH may institute legal action against myself for damages.
The courts of the Republic of South Africa shall have jurisdiction over any dispute or matter arising out of this agreement.
 
ACCEPTANCE OF TERMS AND CONDITIONS
Your access to and use of any site or webpage branded by ASHA DULLABH is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
 
CREDIT CARD DETAILS
ASHA DULLABH will never ask for Credit Card details and request that you do not enter it on any of the payment forms on any of our payment sites.
 
PAYMENTS
All payments are paid in full AND upfront, unless otherwise agreed on by ASHA DULLABH for any services offered at anytime. 
 
REFUNDS
NO REFUNDS are granted for any reason whatsoever for or on any APPOINTMENT WITHOUT prior agreement with ASHA DULLABH. If you cancel your APPOINTMENT less than 24 hours of your appointment time, you will forfeit any payment made to secure your APPOINTMENT. However, if you can't make your APPOINTMENT because you’re dealing with a serious illness/medical crisis, we can switch you into another APPOINTMENT SESSION that’s happening later, or figure out some other arrangement that works for you. This remain in the total discretion of ASHA DULLABH.
 
FORWARD LOOKING STATEMENTS
Materials in our products, services and this websites may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events or outcomes. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan”, “believe” and other words and terms of similar meaning in connection with a description of potential outcomes that you might reach.
 
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of outcomes. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else's, in fact no guarantees are made that you will achieve any results from our content, ideas, techniques in our material or APPOINTMENTS.
 
PRIVACY
This website is committed to the protection of personal information provided to us. This website follows various principles concerning the collection, storage and use of personal information as outlined in the National Privacy Principles of the Commonwealth Privacy Act (1988). Accordingly we have a privacy policy which deals with:
 
The way we collect, use and disclose personal information;
The way we protect the quality and security of such personal information;
The way that access can be granted to personal information held by us;
The manner of dealing with any complaints concerning the correctness of or access to personal information held by us.
 
WEBSITE CONTENT AND MATERIALS
The information and materials contained in this site (including these terms and conditions) are subject to change without notice. We may discontinue or make changes to the content of this site and the network at any time. Any dated information included in this site is current at the date of publication only, and we will not have any obligation or responsibility to update or amend such information.
 
USAGE RULES 
All third-party promotion of ASHA DULLABH must clearly state that the material beong to ASHA DULLABH. All third-party promotion may not promote ASHA DULLABH graphics and/or materials in a way that may be construed as an original product and/or material from the third-party promoter.
 
ASHA DULLABH materials bound by these usage rules include, but are not limited to:
 
The branding of ASHA DULLABH APPOINTMENTS, content, or any of its other properties
The graphic assets used by ASHA DULLABH to showcase and/or promote ASHA DULLABH, or any of its other properties
The verbiage used by ASHA DULLABH in original offerings, products, materials, and/or APPOINTMENTS that is not explicitly stated by ASHA DULLABH and/or ASHA DULLABH representatives for application and redistribution
 
NO WARRANTIES 
This website is provided without any express warranties or guarantees, unless specifically stated and, to the extent permitted by law, without any implied warranties or guarantees. ASHA DULLABH will not guarantee any results or business objectives.
 
LINKS TO THIRD PARTY WEBSITES
Links to other websites may be provided from this site. In those circumstances we have no control over the content of those third party websites. We make no express warranties concerning the content of those other sites. In particular we do not warrant the accuracy, completeness or reliability of those sites for a particular purpose, nor do we warrant that such sites or their content are accurate, complete, current and free of defects including but not limited to, viruses or other harmful elements. The user of this site will assume all risks and costs arising from the use of any website linked to this site.
 
DISCLAIMER
All ASHA DULLABH’S website(s) are presented “as is”. We make no representations or warranties of any kind whether express or implied in connection with material on this website including but not limited to warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose, to the extent to which such representations and warranties may lawfully be excluded.
 
You agree that we will not be liable for any loss or damage which you incur as a result of use of this website including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the website including hyperlink to or from third party websites.
 
To the maximum extent permitted by law we disclaim liability for any direct, indirect, incidental or consequential damage of any kind related to your use of this site.
 
INDEMNIFICATION
You agree to indemnify and hold harmless ASHA DULLABH and any affiliated organizations, and its directors, officers and employees from any claim or demand including reasonable legal fees, made by any third party due to or arising out of your use of this site or any violation of these terms and conditions.
 
YOUR OWN RESPONSIBILITY 
ASHA DULLABH has made these terms and condition available on all sites and you agree that it is your responsibility to read, acknowledge and accept all of the above terms and condition and that should you not have actioned this responsibility, that ASHA DULLABH will not be held responsible for your negligence in doing so.
 
YOUR FEEDBACK
We welcome enquiries or feedback on This website or any ideas you may have. Unless specifically stated by you we shall treat any information you provide us with, as non-proprietary and non-confidential.