Terms and Conditions

Definitions

Therapist: Any counselor, clinical psychologist, or any other person who registers to provide Therapy Services through the use of the Platform to the User. The Therapist is an independent and/or separate entity from the Company and is not the Company's agent, employee, or representative.

User: A person who registers or subscribes to use the Platform to engage with the Therapist for counseling, consulting, professional advice, or any other services and/or information provided on the Platform.

Platform: An online website provided by the Company for the service of the Therapist, which can be accessed by the User through the website address available at www.auravita.com.my.

Company: Auravita (LLP0028306-LGN).

The Therapist and Therapist Services

The Therapist is neither the Company's employee, agent, nor representative, and the Company bears no responsibility for any act, omission, or doing of any Therapist. The Company makes no representation or warranty whatsoever as to the willingness, ability, qualifications, or quality of a Therapist to give advice and whether or not the User will find the Therapist Services relevant, useful, correct, satisfactory, or suitable to the User's needs.

The Company does not control the quality of the Therapist Services and does not determine whether any Therapist is qualified to provide any specific service, nor whether a Therapist is categorized or matched correctly to the User.

It is the User's responsibility to conduct independent verification regarding any Therapist that provides the User with Therapist Services (whether through the Platform or not). The Company strongly recommends that the User conduct this verification prior to communicating with any Therapist through the Platform and on a continuous basis as the User uses the Platform.

The User relationship and/or communication relating to the Therapist Services is strictly between the Therapist and the User. The Company is not involved in any way with the actual substance of that relationship or any part of the Therapist's Service (whether provided through the Platform or not), and the Company hereby warrants that it shall not validate or involve itself in any of the Therapist Services.

Any payment made by the User through the Platform or directly to the Company is solely made to the Therapist for the purposes of the Therapist Services. The Company may charge the Therapist by taking a portion of this payment for the use and operation of the Platform (“Platform Use Fees”). Strictly without prejudice, the Company cannot be deemed as the Therapist of any Therapist Services regardless of any payment. Furthermore, the payment for the use of the Platform is made by the Therapist and not by the User.

Representation and Warranties by the User

The User hereby confirms that the User is at least 18 years old and has legal capacity to enter into a contract when registering as a User on the Platform. The User hereby confirms and agrees that all the information provided by the User in or through the Platform is accurate, true, current, and complete, and the User will ensure to maintain and update the current information on the Platform when necessary.

The User agrees, confirms, and acknowledges that the User is responsible for maintaining the confidentiality of the password and any other security information related to the User's account (collectively “Account Access”) and it is advisable to change the password frequently and to take extra care in safeguarding the password.

The User agrees to notify the Company as soon as possible in the event the User notices any unauthorized use of the Account Access or any other concern for breach of the User's account security. The User also agrees, confirms, and acknowledges that the Company will not be liable for any loss or damage incurred as a result of someone else using the User's account, either with or without the User's consent and/or knowledge.

The User agrees, confirms, and acknowledges that the User is solely and fully liable and responsible for all activities made by using the User's Account Access. The User will be liable and responsible for any damage or loss incurred as a result of the use of the Account Access by any person, whether authorized by the User or not, and the User hereby agrees to indemnify the Company for any such damage or loss.

The User agrees and confirms that the use of the Platform, including the Therapist Services, is for the User's own personal use only and not for or on behalf of any other person or organization. The User also agrees and commits not to interfere with or disrupt, or attempt to interfere with or disrupt, any of the Company's systems, services, servers, networks, or infrastructure, or any of the Platform's systems, services, servers, networks, or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

The User agrees and commits not to make any use of the Platform for the posting, sending, or delivering of either of the following:

Unsolicited email and/or advertisement or promotion of goods and services
Malicious software or code
Unlawful, harassing, privacy-invading, abusive, threatening, vulgar, obscene, racist, or potentially harmful content
Any content that infringes a third party right or intellectual property
Any content that may cause damage to a third party
Any content which may constitute, cause, or encourage a criminal action or violate any applicable law

The User further agrees and commits not to violate any applicable local, state, national, or international law, statute, ordinance, rule, regulation, or ethical code in relation to the User's use of the Platform and the User's relationship with the Therapists and the Company. In the event the User receives any file from the Company or from a Therapist, whether through the Platform or not, the User must check and scan this file for any virus or malicious software prior to opening or using this file.

The User will indemnify, defend, and hold the Company harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs, or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:

The User's access to or use of the Platform
Any actions made with the User's account or Account Access whether by the User or by someone else
The User's violation of any of the provisions of this Agreement
Non-payment for any of the services (including Therapist Services) which were provided through the Platform
The User's violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. This clause shall survive the expiration or termination of this Agreement
Any infringement of the Personal Data Protection Act (“PDPA”) and any applicable law in connection with personal data protection

Use of the Platform

All the features and functionality of the Platform will be subject to the Company's decision, instruction, and/or consent. The Company reserves the right to close, change, modify, suspend, disrupt, or discontinue the Platform or any part of the Platform (including the profile of the Therapist when there are any spelling errors) without any prior notice to the User for any reason (including but not limited to maintenance) that the Company deems reasonable for the continuation of the services provided, and the Company will not be held liable for any losses, damages, or harms that may be suffered by the User as a consequence of the aforesaid actions.

The Platform is not guaranteed by the Company to be fully uninterrupted and/or error-free while the service is provided to the User. However, the Company will ensure that in the event the Platform is unavailable or inaccessible, the Company will attempt to fix the problem as soon as possible. The Company shall have absolute discretion to decide whether or not to reimburse the User in the event of any loss suffered.

The Company reserves the right to suspend, disable or terminate the User's account and/or access to the Platform and/or access to the services provided by the Therapist (whether through the Platform or not) at any time without notice to the User in the event of a suspected breach of any provision of this Agreement. However, the Company shall not bear any responsibility to ensure the continued availability of the Platform to the User at all times.

The Platform may contain other content, products, or services that are offered or provided by third parties (each, a “Third Party Service”), links to Third Party Services (including but not limited to links to other websites), or advertisements related to Third Party Services. The Company is not responsible for any Third Party Service and/or any act or omission of any third party and/or the content or privacy practices of such Third Party Service, including but not limited to the content uploaded or shared through the Platform.

Consent to Use of Data