Terms and Conditions

About the Website

Welcome to www.positivekunal.com (the ‘Website’). The Website provides you with an opportunity to read, browse, view, watch, download and/or purchase various products and content that has been listed on or through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

The Website is operated by Positive Kunal. Access to and use of the Website, or any of its associated Products or Services, is provided by Positive Kunal. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing, reading, and/or watching something on the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its Services, immediately.  

Positive Kunal reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Positive Kunal updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

The Website does not offer crisis support services, nor is it intended for use in any form of emergency. While Products listed through the Website may be used to help people with depression or another mental health problems, you accept that they may not be the appropriate solution in every situation, and that they are not intended as a substitute for crisis support services or medical care.

Furthermore, if you are thinking about suicide or of harming yourself in any way; if someone you know is thinking about suicide or of harming themselves in any way; if you or anyone you know is in any form of danger; or if you or anyone you know has a medical emergency, you must call an emergency service number and notify the relevant authorities. By using and/or remaining on this Website, you accept and agree that the Website is not designed for use in any of the aforementioned cases, and that Positive Kunal cannot provide the assistance required in any of the aforementioned cases.

The Website is not intended for the provision of medical services including but not limited to clinical diagnosis, nor is it intended for any information or advice regarding drugs, medication, clinical diagnosis, or medical treatment. By using and/or remaining on the Website, you accept and agree that the Website is not designed for use in any of the aforementioned cases, and that Positive Kunal cannot provide the assistance required in any of the aforementioned cases.

Acceptance of the Terms

You accept the Terms by remaining on the Website. If applicable, you may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Positive Kunal in the user interface.

Purchase of Products and Returns Policy

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

Payment of the Purchase Price may be made through Stripe, Paypal, and Instamojo (the ‘Payment Gateway Providers’).

In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by Positive Kunal, you may be issued with a receipt to confirm that the payment has been received and Positive Kunal may record your purchase details for future use.

Positive Kunal may, at their sole discretion, provide a refund on the return of the Products within 16 days where, if applicable, the Product packaging is unopened and remains in a saleable condition. In such circumstances, you acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

Shipping and Delivery

The site provides no shipping and delivery. You download your ebooks online.

Warranty

Positive Kunal’s Products come with guarantees that cannot be excluded under the Indian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’). 

You may make a claim under this clause (the ‘ Warranty Claim’) for material defects and workmanship in the Products within 16 days from the date of purchase (the ‘Warranty Period’). 

In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Positive Kunal showing the date of purchase of the Products, provide a description of the Products, and the price paid for the Products by sending notice by email at hello@positivekunal.com. 

Where the Warranty Claim is accepted then Positive Kunal will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.    

The Warranty shall be the sole and exclusive warranty granted by Positive Kunal and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.   

All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.   

The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

Age

The site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.

Links to other web sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by PositiveKunal.

PositiveKunal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PositiveKunal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Privacy

Positive Kunal takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Positive Kunal’s Privacy Policy, which is available on the Website.

General disclaimer

You acknowledge that Positive Kunal does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms. 

Positive Kunal will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Indian Consumer Law (or any liability under them) which by law may not be limited or excluded.  

Subject to this clause, and to the extent permitted by law:   

• all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
• Positive Kunal will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 

Use of the Website, the Purchase Services, and any of the products of Positive Kunal (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Positive Kunal, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Positive Kunal (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Positive Kunal) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:  

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website, and links to any third party content, products, services or websites);
• costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
• the Content or operation in respect to links which are provided for the User’s convenience;
• any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
• any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

The content provided herein (blog posts, ebooks, support, or any other thing) are simply for educational purposes and do not take the place of advice from your doctor/psychologist/therapist. Every effort has been made to ensure that the content provided on this website is accurate and helpful for our readers. However, this is not an exhaustive treatment of the subjects. No liability is assumed for losses or damages due to the information provided. You are responsible for your own choices, actions, and results.

Limitation of liability

Positive Kunal’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Positive Kunal is the resupply of information or Purchase Services to you.

You expressly understand and agree that Positive Kunal, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 

Positive Kunal is not responsible or liable in any manner for any site content (including the Content, Third Party Content and any links to Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Positive Kunal, by third parties or by any of the Purchase Services offered by Positive Kunal.

This website and the content provided herein are simply for educational purposes and do not take the place of advice from your doctor/psychologist/therapist. Every effort has been made to ensure that the content provided on this website is accurate and helpful for our readers. However, this is not an exhaustive treatment of the subjects. No liability is assumed for losses or damages due to the information provided. You are responsible for your own choices, actions, and results. 

My services are accessed remotely using the internet, data networks and devices which can access the internet and operate via our Website. We make our Website available for access using infrastructure, but are not responsible for the infrastructure ourselves. If you wish to use the services, you should ensure you have an internet-enabled device and a sufficient internet connection available.

You must not attempt to gain unauthorised access to the services or Website.

To monitor quality and for audit purposes, every consultation call is recorded.

We may suspend your access to services if your use of our services breaches any of these terms. 

You acknowledge that Positive Kunal may not provide the Delivery Services to you and you agree that Positive Kunal will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

Termination of contract

The Terms will continue to apply until terminated by either you or by Positive Kunal as set out below.

If you want to terminate the Terms, you may do so by:

• notifying Positive Kunal at any time; and
• closing your accounts for all of the Purchase Services which you use, where The Positive Kunal has made this option available to you.

Your notice should be sent by email to Positive Kunal at hello@positivekunal.com.

Positive Kunal may at any time, terminate the Terms with you if:

• you have breached any provision of the Terms or intend to breach any provision;
• Positive Kunal is required to do so by law;
• the partner with whom Positive Kunal offered the Purchase Services to you has terminated its relationship with Positive Kunal or ceased to offer the Purchase Services to you;
• Positive Kunal is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
• the provision of the Purchase Services to you by Positive Kunal is, in the opinion of The Positive Kunal, no longer commercially viable.

Subject to local applicable laws, Positive Kunal reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Positive Kunal name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Positive Kunal have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify Positive Kunal, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
• any breach of the Terms.

Dispute resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

• Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Indian Mediation Association or his or her nominee;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in New Delhi, India.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New Delhi, India.

Governing law

The Terms are governed by the laws of New Delhi, India. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New Delhi, India, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent legal advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

eBook disclaimer

The ebook is provided “as is”, without warranty of any kind, expressed or implied including without limitations, accuracy, omissions, completeness or implied warranties or suitability or fitness for a particular purpose or other incidental damages arising out of the use or the inability to use the ebook. You acknowledge that the use of this service is entirely at your own risk. This agreement is governed by Indian law. You acknowledge that you have read this Agreement, and agree to be bound by its terms and conditions.

The content provided in my ebooks are simply for educational purposes and do not take the place of advice from your doctor/psychologist/therapist. Every effort has been made to ensure that the content provided on this website is accurate and helpful for our readers. However, this is not an exhaustive treatment of the subjects. No liability is assumed for losses or damages due to the information provided. You are responsible for your own choices, actions, and results.

Contact me

If you have any questions about these Terms, please contact me.

Last Updated: June 16, 2021