Terms of Use
Effective date: 01-01-2025 · Last updated: 12-07-2026 · Version 1.1
1. About Refill Health
The Refill Health platform is owned and operated by Refill Health Wellbeing Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at 2-7-7, Venkat Nagar, Kakinada – 533003, Andhra Pradesh, India (“Refill Health”, “we”, “us” or “our”).
Refill Health provides an organisation-sponsored mental-health and wellbeing platform through its website, applications, Member portal, professional portals and associated digital services.
An employer, company, educational institution, college, university, school or other organisation that enters into an agreement with Refill Health to make Services available to an eligible population is referred to as a “Sponsor”.
An eligible employee, worker, faculty member, staff member, student who has completed eighteen years of age, adult dependant or other adult authorised to use the Services under a Sponsor programme is referred to as a “Member”, “you” or “your”.
2. Scope and acceptance of these Terms
By creating an account, selecting “I agree”, accessing the Platform or using a Service as an adult Member, you confirm that:
(a) you have read and understood these Terms;
(b) you agree to be legally bound by these Terms;
(c) you have read the applicable Refill Health Privacy Policy; and
(d) you are legally competent to enter into a contract.
If you do not agree to these Terms, you must not create an account or use the Platform.
Certain Services may require additional notices, disclosures or consent documents, including clinical-service consent, tele-counselling or teletherapy consent, assessment consent, Minor Counselling Consent, AI-feature notices or programme-specific terms.
Acceptance of these Terms does not by itself constitute consent to every form of Personal Data processing, session recording, research participation, marketing communication or materially different future Service. Separate notice and consent will be obtained where required.
Where counselling is provided to a person below eighteen years of age, these Terms apply to the adult parent or lawful guardian arranging or consenting to the Service, together with the separate Minor Counselling Consent and Privacy Notice. The minor does not independently accept these Terms.
3. Eligibility and adult-only Platform access
The registered Platform, including self-registration, personal accounts, assessments, self-care tools, appointment booking, secure messaging and other self-service features, is intended only for persons who:
(a) have completed eighteen years of age;
(b) are eligible under a Sponsor programme; and
(c) are legally competent to enter into a contract.
A person below eighteen years of age must not independently create or use a Refill Health account, accept these Terms, complete Platform assessments through a personal account, independently book a session or use the Platform’s self-service features.
Eligibility may depend on information supplied or confirmed by the Sponsor, such as employment, enrolment, faculty, staff or dependant status, an identifier, institutional email address or benefit entitlement.
A Sponsor’s confirmation of eligibility does not give the Sponsor access to confidential counselling, clinical or usage information.
4. Counselling services for persons below eighteen
Refill Health may provide counselling to a person below eighteen years of age through a separately administered Minor Counselling Service. Such a person is referred to as a “Minor Counselling Recipient” and is not a registered Platform Member.
A counselling session may be delivered using Refill Health’s technology infrastructure, including a secure session link or professionally administered interface. The Minor Counselling Recipient will not receive an independent account or access to the Platform’s self-service features.
Before providing the Service, Refill Health will ordinarily require:
(a) a request, referral or authorisation from a parent or lawful guardian;
(b) reasonable verification that the person providing consent is an adult and has authority to act for the Minor Counselling Recipient;
(c) informed consent from the parent or lawful guardian;
(d) age-appropriate assent from the Minor Counselling Recipient, having regard to maturity and ability to understand the Service; and
(e) acceptance of the applicable Minor Counselling Consent, privacy notice and service conditions.
A Sponsor’s contract, referral or administrative approval is not a substitute for consent required from a parent or lawful guardian.
Minor counselling will be treated as confidential, subject to the Minor Counselling Recipient’s welfare and best interests, the legal rights and responsibilities of the parent or lawful guardian, professional obligations, safeguarding and mandatory-reporting duties, serious safety concerns and applicable law.
Providing consent does not automatically give a parent, lawful guardian or educational institution unrestricted access to every counselling communication, observation or session note. Before counselling begins, the professional may explain the applicable confidentiality boundaries and circumstances in which information may need to be shared.
Sponsors will not ordinarily receive the identity of a Minor Counselling Recipient, individual attendance information, counselling content, assessment information, clinical records or safety classifications. A limited disclosure may be made only where specifically authorised, legally required or reasonably necessary to manage a serious safety or safeguarding concern.
5. Definitions
“AI Features” means artificial-intelligence, machine-learning, large-language-model, rules-based or automated functionality used for matching, recommendations, personalisation, documentation assistance, analytics, risk indicators, security or other Platform functions.
“Care Navigator” means a person who helps Members understand available Services, access suitable support and coordinate care. A Care Navigator does not provide diagnosis or psychotherapy unless separately qualified and expressly acting in that professional capacity.
“Clinical Information” includes assessment responses, screening results, counselling or therapy communications, clinical notes, treatment plans, goals, assignments, safety information and other information generated in connection with Professional Services.
“Coach” means a suitably qualified professional who provides non-clinical support relating to performance, leadership, communication, resilience, productivity, career development, habits or work-life balance.
“Educational Institution” means a school, college, university, training institution or other learning organisation that sponsors Services for eligible adults or arranges Minor Counselling Services in accordance with these Terms.
“Mental Health Professional” means a psychologist, clinical psychologist, counsellor, psychotherapist or other appropriately qualified professional providing services within their lawful competence and scope of practice.
“Personal Data” means information relating to an identifiable individual and includes information protected under applicable Indian data-protection law.
“Platform” means Refill Health’s website, applications, Member portal, professional portals, care-navigation tools, digital content, communication interfaces and associated systems.
“Professional Services” means therapy, psychological counselling, coaching, assessment, care navigation or other professional support provided through or arranged by Refill Health.
“Self-Care Content” means meditations, breathing exercises, wellbeing tools, guided programmes, educational resources, audio, video, worksheets and related materials.
“Services” means the Platform, Professional Services, assessments, matching, care navigation, Self-Care Content, guided programmes, workshops, webinars, communications and other services made available by Refill Health.
6. Services offered through Refill Health
Depending on the Sponsor programme, eligibility, age and clinical appropriateness, Services may include:
- mental-health and wellbeing screening;
- standardised or proprietary assessments;
- therapy or psychological counselling;
- coaching;
- Care Navigation;
- therapist or Coach matching;
- appointment booking and secure communications;
- Self-Care Content and guided programmes;
- measurement-based care and progress monitoring;
- workshops, webinars and educational resources;
- professional assignments and recommended resources;
- wellbeing check-ins;
- AI-assisted recommendations and insights; and
- other services introduced in accordance with these Terms and applicable notices.
Not every Service is available to every person. Availability may depend on the Sponsor agreement, age, benefit limits, professional availability, location, language, consent, clinical appropriateness, technology and applicable law.
Refill Health may provide, coordinate or facilitate Services through its employees, contractors, empanelled professionals and approved technology or service providers.
7. Relationship with the Sponsor
The Sponsor pays for, arranges or enables access to Services under a separate agreement with Refill Health. That agreement governs programme scope, eligible populations, commercial terms, benefit limits and anonymous organisational reporting. These Terms govern the adult Member’s personal use of the Platform and the applicable adult’s responsibilities in relation to Minor Counselling Services.
The Sponsor:
(a) does not direct the independent clinical judgment of Mental Health Professionals;
(b) does not own counselling communications, assessment responses or clinical records;
(c) is not entitled to know whether a particular person used therapy, coaching, Care Navigation, assessment or self-care Services merely because it sponsors the programme;
(d) must not attempt to re-identify persons from Refill Health reports;
(e) must not use Refill Health reports or information for discriminatory employment, academic, disciplinary or other adverse decisions; and
(f) is not an emergency contact merely because it sponsors the Services.
Refill Health is independent from the Sponsor in relation to counselling, clinical care, confidentiality, professional judgment and safety decisions.
Employment, academic, disciplinary, grading, examination, promotion, compensation, suspension, termination or institutional matters must be addressed to the Sponsor. Refill Health does not make such decisions.
8. Therapy, counselling and other Professional Services
Professional Services are provided by professionals selected or engaged with regard to qualifications, experience, areas of practice, language, availability and other relevant criteria.
Where a professional designation, registration or licence is legally required, Refill Health will take reasonable measures to verify the professional’s credentials before permitting the professional to provide the relevant Service.
A professional-client relationship is established only when the relevant professional accepts the engagement and the Professional Service begins. Viewing a profile, receiving a recommendation or booking an appointment does not by itself establish such a relationship.
Each professional is responsible for exercising independent professional judgment and providing Services within their competence and lawful scope of practice.
Only an appropriately qualified professional may provide a clinical opinion, diagnosis or treatment recommendation where permitted by law. The Platform, assessments, AI Features, Self-Care Content, Coaches and Care Navigators do not independently diagnose mental illness or prescribe treatment.
Refill Health does not currently provide psychiatric consultation, medication prescription, medication management, inpatient care or emergency medical treatment. If such Services are introduced in the future, they will be provided only through appropriately qualified professionals and will be governed by updated terms, privacy notices and informed-consent documentation.
9. Coaching
Coaching is not psychotherapy, psychiatric care, medical treatment or diagnosis.
Coaches may support professional development, performance, habits, communication, leadership, productivity, resilience, career development or work-life balance. A Coach must not represent coaching as treatment for a mental disorder unless separately qualified and expressly providing a clinical Service in that capacity.
Where a person’s needs appear to fall outside the appropriate scope of coaching, the Coach or Refill Health may recommend counselling, therapy, medical care or another Service.
11. Assessments and screening
The Platform may administer mental-health, wellbeing, functioning, workplace or behavioural assessments to adult Members. Assessment of a Minor Counselling Recipient will occur only through the separately administered minor service flow and applicable consent process.
Unless expressly stated otherwise by an appropriately qualified professional:
(a) assessments are screening, monitoring or decision-support tools;
(b) an assessment result is not, by itself, a medical or psychological diagnosis;
(c) a score should be interpreted with relevant clinical and personal information;
(d) no assessment can identify every condition or risk; and
(e) results may contain false positives, false negatives or other limitations.
You should provide honest and accurate information to the best of your knowledge. A positive screening result may lead to a recommendation for professional review, further assessment, care navigation, therapy or urgent support, but does not establish a diagnosis.
Sponsors will not receive item-level responses, individual scores, identified results or individual risk classifications.
12. AI-assisted and automated features
Refill Health may use Amazon Bedrock and other approved global artificial-intelligence, large-language-model, machine-learning or rules-based service providers to support AI Features.
AI Features may assist with:
(a) recommending a care pathway;
(b) matching adult Members with professionals;
(c) recommending Self-Care Content;
(d) identifying possible risk indicators for human review;
(e) preparing draft summaries or documentation for professional review;
(f) supporting measurement-based care;
(g) improving Platform usability and security;
(h) quality assurance and service evaluation; and
(i) producing anonymous and aggregated organisational insights.
AI-generated or AI-assisted outputs may be incomplete, inaccurate or inappropriate for an individual situation. They are not diagnoses, definitive clinical judgments or emergency determinations.
Where AI supports clinical documentation or professional decision-making, the relevant professional remains responsible for reviewing the output and exercising independent professional judgment.
Refill Health does not currently use AI to record or transcribe counselling, therapy or coaching sessions. If recording or transcription is introduced, prior notice and any required consent will be obtained.
Refill Health will apply reasonable data-minimisation, access, confidentiality and contractual safeguards when using approved AI providers. Refill Health will not knowingly authorise identifiable counselling content, private clinical communications, assessment responses or clinical notes to be used to train publicly available or general-purpose third-party AI models unless the proposed use is separately disclosed, has a lawful basis and any required consent is obtained.
AI Features are not continuously monitored emergency systems. The absence of an alert does not mean that no risk or clinical concern exists.
Refill Health will not provide individual clinical AI outputs to a Sponsor for recruitment, employment, appraisal, academic evaluation, grading, discipline, suspension, termination or another adverse decision.
13. Matching and recommendations
Refill Health may recommend a therapist, counsellor, Coach, programme, assessment or Self-Care Content based on factors including:
(a) stated goals and concerns;
(b) assessment information;
(c) severity or safety indicators;
(d) professional qualifications, expertise and scope of practice;
(e) language and other preferences;
(f) availability;
(g) location or regulatory restrictions;
(h) prior Service use; and
(i) programme eligibility.
A recommendation supports access but does not guarantee availability, suitability, compatibility or a particular outcome. Matching methods may change as Refill Health improves the Services. An adult Member may request an alternative professional where the Sponsor programme permits.
14. Not an emergency service
Refill Health is not an emergency-response service and must not be relied upon for immediate intervention.
The Platform, messages, assessments, AI Features and appointment systems may not be reviewed in real time.
If you believe that you or another person faces an immediate threat to life, serious self-harm, suicide, violence, abuse or another medical or psychiatric emergency, you should immediately:
(a) contact the appropriate local emergency service;
(b) go to the nearest hospital or emergency department; or
(c) seek immediate help from a trusted person who can remain with the individual and assist in obtaining emergency care.
Do not wait for a response from Refill Health, a professional, a Coach or a Care Navigator.
Where Refill Health or a professional reasonably identifies a serious safety or safeguarding concern, Refill Health may initiate its safety protocol. This may include attempting to contact the individual, a parent or lawful guardian, nominated or emergency contact, appropriate professional, hospital, emergency responder, child-protection authority or another person or authority able to assist, as permitted or required by law.
Any safety-related disclosure will, where reasonably practicable, be limited to information necessary to address the identified concern.
Refill Health does not guarantee that it will identify every crisis, successfully contact a person or prevent harm.
15. Confidentiality of Professional Services
Information disclosed during Professional Services will be treated as confidential, subject to applicable law and the exceptions described in these Terms, the Privacy Policy and the relevant informed-consent document.
Confidential information may be disclosed where:
(a) valid consent or authorisation has been provided;
(b) disclosure to another professional is reasonably necessary for care, treatment, referral, supervision or continuity of care;
(c) disclosure is necessary to protect a person from serious harm or violence;
(d) disclosure is necessary to prevent a threat to life;
(e) a safeguarding, abuse or other mandatory-reporting obligation applies;
(f) disclosure is required by a court, statutory authority, regulator or other legally competent authority;
(g) disclosure is required in the interests of public safety or security;
(h) limited information is necessary for lawful programme administration, payment, quality assurance, security or Platform operation; or
(i) another exception is permitted or required by applicable law.
Only information reasonably necessary for the relevant purpose should be disclosed.
A Sponsor will not receive therapy or counselling notes, private messages, assessment responses, individual scores, diagnoses, treatment plans, session content, goals or individual safety information merely because it sponsors the Service.
Sessions will not be audio-recorded, video-recorded or transcribed by Refill Health unless prior notice and any required consent are obtained or recording is legally required. Refill Health does not currently use session recording or AI transcription.
16. Anonymous and aggregated Sponsor reporting
Refill Health may provide Sponsors only with anonymous and aggregated programme reports, generated when a minimum reporting threshold has been met.
Such reports may concern:
(a) overall programme activation and utilisation;
(b) aggregated categories of support accessed;
(c) aggregated wellbeing or outcome trends;
(d) aggregated satisfaction and engagement;
(e) service availability and response times;
(f) aggregated organisational or institutional wellbeing indicators; and
(g) aggregated productivity or return-on-investment indicators.
Refill Health may suppress, combine, round, delay or withhold information where a category or reporting group is too small or where disclosure could reasonably contribute to identification.
Reports will not identify an individual or confirm whether a particular Member, student, employee, faculty member, staff member, dependant or Minor Counselling Recipient accessed a Service. Reports will not include individual attendance, session counts, assessment results, clinical information or safety classifications.
Sponsors must not attempt to re-identify individuals from reports or combine reports with other information for that purpose.
17. Privacy and Personal Data
Refill Health’s collection, use, storage, sharing, retention, international processing and protection of Personal Data are governed by the Refill Health Privacy Policy and any specific notice presented for a Service.
Depending on the processing activity, Refill Health may act as an independent Data Fiduciary, a Data Processor or in another role recognised under applicable law. The respective roles of Refill Health and a Sponsor may also be addressed in the Sponsor agreement and applicable data-processing terms.
Refill Health’s primary application databases and stored clinical records are hosted in India. Approved global cloud, communication, cybersecurity, analytics, AI and other technology providers may process limited information outside India depending on their infrastructure, availability, routing, support or disaster-recovery architecture. Such processing will be subject to applicable law and reasonable contractual, access, security, purpose and retention controls.
Where consent is the applicable basis for processing, it may be withdrawn in the manner described in the Privacy Policy. Withdrawal will not affect processing lawfully undertaken before withdrawal and may prevent continuation of a Service that necessarily depends on the relevant information.
Account closure or deletion does not require immediate deletion of every clinical, counselling, safeguarding, financial, security or legal record. Records may be retained in accordance with the Privacy Policy, Refill Health’s retention schedule and applicable law.
18. Quality improvement, analytics and research
Refill Health may use anonymous, aggregated or appropriately de-identified information for service evaluation, security, quality improvement, clinical-governance review, statistical analysis, product development and evaluation of AI Features.
Refill Health will not represent information as anonymous where an individual can reasonably be identified from it.
Participation in research requiring specific consent will be voluntary and governed by a separate consent process. Refusal to participate will not by itself affect ordinary eligibility for Services.
19. Accounts and security
Adult Members agree to:
(a) provide accurate and current information;
(b) maintain the confidentiality of passwords and authentication credentials;
(c) not permit another person to use their account;
(d) promptly notify Refill Health of suspected unauthorised access;
(e) use appropriate security measures on their device; and
(f) sign out when using a shared device.
You are responsible for activity undertaken through your account where it results from your intentional or negligent disclosure of credentials. Refill Health may require reasonable identity or eligibility verification before providing access to sensitive information or Services.
A Minor Counselling Recipient will not be issued an independent account. The parent or lawful guardian is responsible for protecting any guardian-controlled access link or administrative credential used for the minor Service.
20. Appointments, cancellations and no-shows
Appointments are subject to professional availability and applicable programme conditions.
Unless a different policy is clearly communicated:
(a) at least twenty-four hours’ notice is required to cancel or reschedule;
(b) a late cancellation or no-show may be counted against the relevant Sponsor-funded entitlement;
(c) a direct fee will not be charged unless it was clearly disclosed and separately accepted before booking;
(d) where a professional cancels, Refill Health will use reasonable efforts to reschedule or arrange an alternative; and
(e) for a Minor Counselling Service, the parent or lawful guardian is responsible for appointment administration unless another approved arrangement applies.
Repeated no-shows or misuse of appointment availability may result in temporary booking restrictions after reasonable notice.
21. Communications
Refill Health may send service-related communications concerning account verification, appointments, reminders, care-navigation follow-up, assessment or programme reminders, security, changes to Services, privacy notices and safety-related outreach.
Communications may be sent through email, telephone, SMS, WhatsApp, push notifications, secure messaging or in-app notices, as applicable.
Service communications may be necessary to provide the Services and are distinct from promotional communications. You may opt out of non-essential promotional messages.
Ordinary email, SMS and messaging services may carry confidentiality risks. Avoid including unnecessary sensitive information in unsecured communications and use secure Platform channels where available.
22. Licence to use the Platform
Subject to these Terms, Refill Health grants an adult Member a limited, personal, revocable, non-exclusive and non-transferable licence to access and use the Platform and Refill Health Content solely for authorised, non-commercial use.
This licence does not permit you to:
(a) resell or commercially exploit the Platform;
(b) copy or distribute substantial portions of Refill Health Content;
(c) create unauthorised derivative works;
(d) reverse engineer, decompile or attempt to extract source code;
(e) scrape, crawl or systematically collect Platform data;
(f) benchmark the Platform for a competing product without written consent;
(g) bypass technical or access controls; or
(h) use the Platform or its content to train an external AI system without written authorisation.
23. Intellectual property
The Platform, software, design, interfaces, algorithms, models, trademarks, logos, assessments developed by Refill Health, educational materials, audio, video, text, graphics and other content created by or licensed to Refill Health are protected by applicable intellectual-property laws.
Nothing in these Terms transfers ownership of Refill Health’s intellectual property to a Member, parent, guardian or Sponsor. Third-party licensed content remains subject to the rights and conditions of the relevant licensor.
24. User-provided content
You retain ownership of original information or content submitted through the Platform, subject to applicable law and the rights of other persons.
You grant Refill Health a limited, non-exclusive licence to host, store, reproduce, transmit and otherwise process such content only to the extent reasonably necessary to provide the Services, maintain lawful records, protect safety and security, comply with law and perform the activities described in the Privacy Policy.
Refill Health does not acquire unrestricted ownership of journals, messages, counselling communications or other personal content merely because they are submitted through the Platform.
General product feedback that does not contain confidential or clinical information may be used to improve Services without payment.
25. Acceptable use
You must not:
(a) use the Platform for an unlawful, fraudulent or abusive purpose;
(b) impersonate another person;
(c) provide materially false eligibility, identity or guardian-authority information;
(d) threaten, harass, exploit or abuse a Member, Minor Counselling Recipient, professional or employee;
(e) record or distribute a session without all required permissions;
(f) upload malicious code or interfere with Platform security;
(g) attempt unauthorised access to another person’s account or records;
(h) collect or disclose another person’s Personal Data without authority;
(i) infringe intellectual-property, privacy or confidentiality rights;
(j) use automated tools to scrape, overload or disrupt the Platform;
(k) solicit professionals or Members for an unauthorised competing service; or
(l) use reports or other information to identify individuals or make discriminatory employment, academic or other adverse decisions.
Refill Health may investigate suspected misuse and take proportionate action, including restricting access, preserving evidence or reporting unlawful conduct where appropriate.
26. Third-party and global technology services
The Platform may use or link to third-party services, including cloud hosting, Amazon Bedrock and other AI providers, video-conferencing systems, communications providers, security services, payment services, assessment licensors and external resources.
Third-party services may be governed by their own terms and privacy notices. Refill Health is not responsible for independent third-party content or services wholly outside its reasonable control. This does not limit Refill Health’s responsibility for selecting, contracting with and overseeing service providers where responsibility is imposed by applicable law or contract.
The identity, infrastructure and processing locations of approved global providers may change over time. Refill Health will manage such providers in accordance with its Privacy Policy and applicable law.
27. Availability and changes to Services
Refill Health aims to maintain reliable access but does not guarantee that every feature will always be uninterrupted, timely or error-free.
Access may be temporarily limited because of maintenance, upgrades, security incidents, internet or infrastructure failure, professional unavailability, force-majeure events, legal or regulatory requirements or changes to a Sponsor programme.
Refill Health may improve, modify or discontinue a feature. Where a material change adversely affects an ongoing Professional Service, reasonable steps will be taken, where practicable, to provide notice and support continuity or transition of care.
28. Fees and Sponsor-funded benefits
Unless expressly stated otherwise, Services available under a Sponsor programme are funded, purchased or arranged by the Sponsor and may be subject to limits on number, duration, frequency, category or availability.
If Refill Health introduces an optional Service requiring direct payment, the price, taxes, payment terms, cancellation conditions and refund rules will be disclosed before purchase and will require separate acceptance.
Commercial disputes between Refill Health and a Sponsor are governed by the Sponsor agreement and will not ordinarily affect confidentiality obligations or non-waivable rights of a Member or Minor Counselling Recipient.
29. Suspension and termination
Refill Health may suspend or terminate Platform access where:
(a) an adult Member materially breaches these Terms;
(b) access is no longer authorised under the Sponsor programme;
(c) a Sponsor agreement expires or terminates;
(d) fraudulent, unlawful or unsafe activity is reasonably suspected;
(e) suspension is necessary to protect safety, security or other users;
(f) continued access would violate law or professional obligations; or
(g) appointments or professionals are repeatedly misused.
Where reasonably practicable, Refill Health will provide notice and an opportunity to remedy the issue.
Termination of Platform access or Sponsor eligibility does not automatically destroy clinical, counselling, safeguarding, financial or other records that must lawfully be retained.
Where an ongoing course of care is affected, Refill Health and the relevant professional will take reasonable steps, consistent with professional duties and programme terms, to support transition or provide appropriate referral information. Minor Counselling Services may also be suspended or discontinued where consent is withdrawn, the arrangement is no longer lawful or appropriate, or safety or professional considerations require a transition.
30. Disclaimers
Self-Care Content, general educational materials, automated recommendations and wellbeing information support wellbeing but are not substitutes for personalised professional, medical or emergency advice.
No assessment, matching process, AI Feature, Coach, Care Navigator or Self-Care Content can guarantee a particular health, wellbeing, employment, academic or performance outcome.
Therapy, counselling and other Professional Services may involve discussion of difficult experiences and may not produce immediate improvement. Outcomes vary according to individual circumstances, professional judgment, participation and other factors.
To the extent permitted by law, the Platform is made available on an “as available” basis. Refill Health does not warrant that every feature will be uninterrupted, completely secure or free of all errors.
Nothing in these Terms excludes a warranty, statutory right, professional duty or legal responsibility that cannot lawfully be excluded.
31. Limitation of liability
To the maximum extent permitted by applicable law, Refill Health will not be liable for indirect, incidental, special or consequential loss arising solely from:
(a) unauthorised use caused by intentional or negligent disclosure of credentials or access links;
(b) third-party services outside Refill Health’s reasonable control;
(c) internet, network or device failure;
(d) reliance on general Self-Care Content as a substitute for professional or emergency care; or
(e) materially inaccurate or incomplete information provided to Refill Health or a professional.
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct, death or personal injury caused by negligence where liability cannot be excluded, breach of confidentiality or data-protection obligations where liability cannot be excluded, professional negligence established under applicable law, or another non-waivable statutory or consumer right.
A contractual limitation agreed between Refill Health and a Sponsor does not eliminate a person’s non-waivable statutory rights.
32. Indemnity
You agree to indemnify Refill Health against third-party claims arising directly from:
(a) your deliberate unlawful use of the Platform;
(b) content knowingly submitted by you in violation of another person’s intellectual-property, privacy or confidentiality rights;
(c) your intentional unauthorised access to another person’s information; or
(d) your fraudulent impersonation or false representation of parental or guardian authority.
This indemnity does not apply to claims arising from good-faith use of mental-health Services, disclosure of symptoms or distress, or matters caused by Refill Health’s or a professional’s negligence, breach or unlawful conduct.
33. Complaints and grievance redressal
Service, privacy, confidentiality, accessibility or Platform concerns may be submitted using the following contacts:
General grievances
grievance@refillhealth.com
Privacy and Personal Data
Clinical governance
clinicalgovernance@refillhealth.com
Postal address
Refill Health Wellbeing Private Limited, 2-7-7, Venkat Nagar, Kakinada – 533003, Andhra Pradesh, India
Refill Health will acknowledge and address complaints within the periods required by applicable law. Nothing in this section prevents a person from approaching a competent statutory authority, consumer commission, court or professional regulator where legally entitled to do so.
34. Changes to these Terms
Refill Health may update these Terms to reflect legal or regulatory changes, new or modified Services, security or safety requirements, changes in technology providers or reasonable operational changes.
Material changes will be notified through the Platform, email or another reasonable method before or when they take effect, unless immediate change is required by law or for urgent safety or security reasons.
Continued use after the effective date of revised Terms constitutes acceptance of the revised Terms. Where fresh consent is legally required, continued use alone will not replace that consent.
35. Governing law and jurisdiction
These Terms are governed by the laws of India, including applicable electronic-contracting, data-protection, cybersecurity, consumer-protection and mental-health laws as in force from time to time.
Subject to mandatory consumer or statutory jurisdiction, courts at Kakinada, Andhra Pradesh, will have jurisdiction over disputes arising from these Terms.
Before commencing formal proceedings, the parties should attempt in good faith to resolve the matter through the grievance process or mutually agreed mediation, except where urgent relief is required.
36. General provisions
36.1 Entire agreement
These Terms, the Privacy Policy and additional terms or informed-consent documents expressly accepted for a Service constitute the agreement governing the relevant use of the Platform and Services. The Sponsor agreement separately governs the commercial relationship between Refill Health and the Sponsor.
36.2 Order of precedence
Where there is a conflict:
(a) applicable law will prevail;
(b) a specific informed-consent document will prevail for the relevant Professional Service;
(c) a specific Minor Counselling Consent will prevail for the administration of counselling to a Minor Counselling Recipient;
(d) the Privacy Policy will govern Personal Data processing;
(e) these Terms will govern general Platform and Service use; and
(f) the Sponsor agreement will govern commercial and organisational matters without reducing non-waivable confidentiality or statutory rights.
36.3 Severability
If a provision is held invalid or unenforceable, it will be modified or severed to the minimum extent necessary, and the remaining provisions will continue in effect.
36.4 No waiver
Failure to enforce a provision on one occasion does not waive the right to enforce it later.
36.5 Assignment
You may not transfer an account, guardian-controlled access link or rights under these Terms to another person. Refill Health may assign its rights and obligations as part of a merger, restructuring, acquisition or transfer of business, subject to applicable confidentiality, continuity-of-care and data-protection requirements.
36.6 No employment, academic or agency relationship
These Terms do not create an employment, partnership, agency, fiduciary, academic or joint-venture relationship between a Member, parent, guardian or Minor Counselling Recipient and Refill Health. A professional-client relationship, where applicable, arises only as described in Section 8.
36.7 Force majeure
Refill Health will not be responsible for delay or failure caused by events beyond its reasonable control, provided that reasonable measures are taken to reduce disruption and protect safety and information.
37. Contact details
For general questions concerning the Platform or Services:
- Company: Refill Health Wellbeing Private Limited
- Registered office: 2-7-7, Venkat Nagar, Kakinada – 533003, Andhra Pradesh, India
- Email: support@refillhealth.com
- Website: www.refillhealth.com