Terms & Conditions
Effective Date: 25/06/2026
Governing Law: Laws of the Republic of India | Jurisdiction: New Delhi, India
PART I - PRELIMINARY PROVISIONS
1. Introduction
Welcome to ConsulTOpen.
ConsulTOpen is a technology-enabled digital platform established to connect Students with qualified independent Consultants for educational guidance, career counselling, mental wellness support and other consultation services made available through the Platform from time to time. The Platform has been designed to provide Students with convenient access to professional guidance while enabling Consultants to independently offer their services through a secure digital environment operated by ConsulTOpen. These Terms govern every aspect of the relationship between ConsulTOpen and every User of the Platform, including but not limited to:
- browsing the Platform;
- creating an account;
- onboarding as a Consultant;
- booking consultation sessions;
- conducting consultations;
- making payments;
- receiving settlements;
- using AI-powered services;
- uploading content;
- communicating through the Platform;
- using present and future Platform features; and
- any other interaction with ConsulTOpen.
These Terms are intended to create a comprehensive legal framework governing the rights, responsibilities and obligations of every User. They should be read together with every policy published by ConsulTOpen, including its Privacy Policy, Refund Policy, Cancellation & Rescheduling Policy, Settlement & Payout Policy, Missed Session & No-Show Policy and all future policies published by ConsulTOpen. Nothing contained within these Terms shall be interpreted as limiting ConsulTOpen’s right to develop new technologies, introduce additional services, expand internationally, launch mobile applications, establish institutional partnerships, introduce subscription models or otherwise evolve its business operations. Accordingly, these Terms have been drafted to govern both the Platform as it presently exists and the Platform as it may reasonably develop in the future.
2. Acceptance of These Terms
2.1 Legally Binding Agreement
These Terms and Conditions (”Terms”) constitute a legally binding agreement between ConsulTOpen, a sole proprietorship operating the Platform, and every individual or entity that accesses, browses, registers with, or otherwise uses any part of the Platform. These Terms apply irrespective of whether the User creates an account or merely accesses publicly available portions of the Platform.
2.2 Acceptance
A User shall be deemed to have accepted these Terms upon the occurrence of any one or more of the following events:
- Accessing the Platform.
- Browsing the Website.
- Creating a User Account.
- Registering as a Student.
- Applying as a Consultant.
- Booking a Session.
- Accepting a Booking.
- Uploading Content.
- Making a Payment.
- Receiving a Settlement.
- Using any Artificial Intelligence feature.
- Communicating through the Platform.
- Using any existing or future service offered by ConsulTOpen.
No handwritten signature shall be required for these Terms to become legally binding.
2.3 Authority
Every User represents and warrants that:
- They possess the legal capacity to enter into this Agreement.
- All information provided to ConsulTOpen is accurate.
- They shall comply with all applicable laws.
- They shall comply with all Platform Policies.
Where a User acts on behalf of another individual or organisation, such User further represents that they possess lawful authority to bind that individual or organisation to these Terms.
2.4 Minor Users
Users below eighteen (18) years of age may use the Platform only after valid consent has been obtained from their Parent or lawful Guardian in accordance with these Terms and applicable law. The Parent or Guardian accepts responsibility for the Minor’s use of the Platform.
2.5 Continued Acceptance
Continued use of the Platform after publication of revised Terms constitutes acceptance of the revised Terms. Users unwilling to accept revised Terms must immediately discontinue use of the Platform.
2.6 Language
These Terms have been drafted in the English language. Where translated versions are published for convenience, the English version shall prevail in the event of inconsistency unless otherwise required by applicable law.
3. Definitions
Unless the context requires otherwise, the following expressions shall have the meanings assigned below.
3.1 Account
A registered User profile created on the Platform.
3.2 Affiliate
Any entity controlling, controlled by or under common control with ConsulTOpen.
3.3 AI
Any Artificial Intelligence, machine learning or automated decision-support system used by the Platform.
3.4 AI Chat
The AI-powered assistant made available through ConsulTOpen.
3.5 AI Summary
Any transcript, summary or recommendation automatically generated using Artificial Intelligence.
3.6 Applicable Law
Every law, rule, regulation, notification, circular, governmental direction or judicial decision applicable to these Terms.
3.7 Booking
A confirmed reservation for a consultation made through the Platform.
3.8 Business Day
Any day other than Saturdays, Sundays and public holidays observed by banks in New Delhi, India.
3.9 Chargeback
A reversal of payment initiated through a bank, card issuer or payment processor.
3.10 Community Guidelines
Any behavioural standards published by ConsulTOpen.
3.11 Confidential Information
Any non-public information disclosed through the Platform, including but not limited to consultation details, personal information, business information, transcripts and communications.
3.12 Consultant
An independent professional approved by ConsulTOpen to provide consultation services.
3.13 Consultation
Any scheduled interaction between a Student and Consultant conducted through the Platform.
3.14 Content
Any text, photograph, video, audio, document, file, message, review, rating, profile information or other material uploaded or transmitted through the Platform.
3.15 Cookies
Small digital files stored on a User’s device for authentication, analytics or Platform functionality.
3.16 Data Fiduciary
Shall have the meaning assigned under the Digital Personal Data Protection Act, 2023.
3.17 DPDP Act
The Digital Personal Data Protection Act, 2023 together with all amendments and subordinate legislation.
3.18 Effective Date
The date specified on the cover page from which these Terms become legally effective.
3.19 Force Majeure Event
Any event beyond the reasonable control of ConsulTOpen including those described in Section 117.
3.20 Grievance Officer
The individual designated by ConsulTOpen to address grievances.
3.21 Minor
Any individual below eighteen (18) years of age.
3.22 Parent
A lawful Parent or legal Guardian authorised to provide consent on behalf of a Minor.
3.23 Payment Processor
Any third-party payment gateway used by ConsulTOpen, including Razorpay and future providers.
3.24 Personal Data
Any information relating to an identified or identifiable individual.
3.25 Platform
The ConsulTOpen website, future mobile applications, dashboards, APIs, software, infrastructure and related digital services.
3.26 Platform Policies
Every policy published by ConsulTOpen including future policies.
3.27 Professional Advice
Advice provided by an independent Consultant through the Platform.
3.28 Recording
An audio recording of a consultation created only after obtaining consent from both participants.
3.29 Registered Office
The principal place of business of ConsulTOpen.
3.30 Services
Every service presently offered or introduced in future by ConsulTOpen.
3.31 Session
A scheduled consultation between a Student and Consultant.
3.32 Settlement
Payment released by ConsulTOpen to a Consultant.
3.33 Student
Any User seeking educational, career or mental wellness consultation.
3.34 Student Pricing
Pricing applicable to Students, presently subject to the Platform’s maximum fee policy.
3.35 Support Services
Customer support provided by ConsulTOpen.
3.36 Terms
These Terms and Conditions together with every amendment.
3.37 Third-Party Services
External products or services integrated into the Platform.
3.38 User
Every individual or organisation accessing or using the Platform.
3.39 User Account
A registered account maintained on the Platform.
3.40 User Content
Content uploaded by a User.
3.41 Verification
Any identity, educational, financial or professional verification conducted by ConsulTOpen.
3.42 Website
The official ConsulTOpen website together with future official domains.
3.43 Working Professional
A User purchasing consultation services outside the Student pricing category.
3.44 Intellectual Property
All copyrights, trademarks, trade names, patents, trade secrets, designs, software, databases, algorithms, source code, documentation and other proprietary rights belonging to ConsulTOpen or its licensors.
3.45 Platform Infrastructure
The servers, databases, cloud services, networking systems, APIs, software architecture and technical resources supporting the Platform.
3.46 Platform Content
All content owned, licensed or controlled by ConsulTOpen, excluding User Content.
3.47 Fraudulent Activity
Any deceptive, dishonest, unlawful or unauthorised activity intended to obtain an unfair advantage or cause loss to another person or to ConsulTOpen.
3.48 Promotional Offer
Any discount, coupon, referral benefit, cashback, reward or incentive offered by ConsulTOpen.
3.49 Subscription
Any recurring paid or unpaid membership programme introduced by ConsulTOpen.
3.50 Institution
Any school, university, coaching institute, educational organisation or corporate entity using present or future institutional services offered by ConsulTOpen.
3.51 Corporate Services
Employee wellness, career guidance, training or consultation services offered to organisations through the Platform.
3.52 Mobile Application
Any Android, iOS or other mobile application developed or operated by ConsulTOpen in the future.
3.53 Dashboard
Any web-based or mobile interface provided to Students, Consultants, Institutions, administrators or other authorised Users.
3.54 API
Any application programming interface made available by ConsulTOpen.
3.55 Security Incident
Any event affecting the confidentiality, integrity or availability of the Platform or User Data.
3.56 System Logs
Electronic records automatically generated by the Platform relating to User activity, authentication, security, sessions and technical operations.
3.57 Technical Failure
A documented failure of the Platform or its supporting infrastructure that materially affects access to or delivery of Services.
3.58 Future Services
Any product, feature or service introduced by ConsulTOpen after the Effective Date.
3.59 Governing Law
The laws of the Republic of India applicable to these Terms.
3.60 Writing Includes Electronic Records
References to “writing”, “written” or similar expressions include electronic communications and electronic records recognised under applicable law.
3.61 Rules of Interpretation
Unless the context otherwise requires: a. Words importing the singular include the plural and vice versa. b. References to one gender include every gender. c. References to legislation include amendments, replacements and re-enactments thereof.
d. The words “including”, “includes” and “include” shall be interpreted as meaning “including without limitation”. e. Headings are inserted solely for convenience and shall not affect interpretation. f. References to Sections refer to Sections within these Terms unless otherwise specified. g. References to the Platform include every present and future version of ConsulTOpen, including websites, mobile applications, APIs, institutional dashboards and future digital services.
4. Eligibility
4.1 General Eligibility
Access to the Platform is available only to individuals and entities that satisfy the eligibility requirements prescribed by these Terms and applicable law. By accessing or using the Platform, every User represents and warrants that they possess the legal capacity to enter into this Agreement.
4.2 Student Eligibility
The Platform is primarily intended for Students seeking:
- Career Counselling;
- Educational Guidance;
- Academic Planning;
- Internship Guidance;
- Professional Development;
- Mental Wellness Support;
- Personal Development;
- AI-assisted educational services;
- Other services introduced by ConsulTOpen from time to time.
Students must be at least thirteen (13) years of age to create an account.
4.3 Minor Users
Users below eighteen (18) years of age shall be considered Minors.
A Minor may register only after valid consent has been obtained from their Parent or lawful Guardian. The Parent or Guardian confirms that:
- they possess lawful authority to provide such consent;
- they understand these Terms;
- they accept responsibility for the Minor’s use of the Platform until the Minor reaches
the age of majority or the account is lawfully closed. ConsulTOpen reserves the right to request evidence of parental consent at any time. Failure to provide such evidence may result in suspension or termination of the account.
4.4 Parent Participation
Parents or Guardians may:
- assist a Minor in creating an account;
- book Sessions for the Minor;
- make payments on behalf of the Minor.
However, the Platform is designed for Students. Accordingly:
- Parents shall not receive independent counselling accounts unless such
functionality is introduced by ConsulTOpen in future.
- Sessions booked for a Minor shall ordinarily be conducted through the Minor’s
registered account.
- Parents shall comply with all Platform Policies whenever acting on behalf of a
Student.
4.5 Consultant Eligibility
Every Consultant must satisfy the eligibility requirements determined by ConsulTOpen. Without limitation, ConsulTOpen may require:
- Government-issued identification;
- Educational qualification verification;
- Professional qualification verification;
- PAN verification;
- Bank account verification;
- Licence verification;
- Experience verification;
- Additional documentation;
- Background verification where considered appropriate;
- Periodic re-verification.
Approval of a Consultant application remains entirely at the discretion of ConsulTOpen. Submission of an application does not create any right to onboarding.
4.6 Future Categories of Users
ConsulTOpen reserves the right to introduce additional categories of Users, including but not limited to:
- Educational Institutions;
- Universities;
- Schools;
- Coaching Institutes;
- Corporate Organisations;
- Employers;
- Recruiters;
- Enterprise Customers;
- Government Bodies;
- Research Institutions;
- Strategic Partners;
- Any other category considered appropriate by ConsulTOpen.
Such Users may become subject to separate agreements, institutional terms or supplementary policies.
4.7 Accuracy of Information
Every User represents and warrants that:
- all information submitted to ConsulTOpen is accurate;
- such information is complete;
- such information is not misleading;
- such information shall be updated whenever changes occur.
Knowingly providing false information constitutes a material breach of these Terms.
4.8 Right to Refuse Access
ConsulTOpen reserves the unrestricted right, to the fullest extent permitted by applicable law, to refuse registration, onboarding or continued access where it reasonably believes that:
- eligibility requirements are not satisfied;
- false information has been provided;
- fraudulent activity is suspected;
- Platform security may be compromised;
- legal or regulatory obligations require such refusal;
- continued access may adversely affect the Platform or its Users.
Nothing contained herein shall obligate ConsulTOpen to approve any application or permit continued access to the Platform.
5. Changes to These Terms
5.1 Right to Modify
ConsulTOpen reserves the absolute and unrestricted right to amend, revise, replace, supplement, update, discontinue or otherwise modify these Terms, any Platform Policy or any provision contained therein at any time, with or without prior notice where permitted by applicable law.
5.2 Scope of Modifications
Without limitation, ConsulTOpen may modify:
- Platform functionality;
- Products;
- Services;
- Consultation categories;
- Consultant eligibility;
- Student eligibility;
- Pricing;
- Commission structures;
- Subscription models;
- AI features;
- Security procedures;
- Privacy practices;
- Payment systems;
- Verification requirements;
- Institutional services;
- International services;
- Any other operational, commercial or legal aspect of the Platform.
5.3 Future Business Expansion
These Terms are intentionally drafted to govern both the Platform as it presently exists and any future evolution of ConsulTOpen. Accordingly, ConsulTOpen may in future:
- launch Android applications;
- launch iOS applications;
- launch desktop software;
- introduce APIs;
- introduce enterprise solutions;
- introduce institutional dashboards;
- introduce university portals;
- introduce school dashboards;
- introduce corporate wellness services;
- introduce subscription memberships;
- introduce premium plans;
- introduce marketplace functionality;
- introduce group counselling;
- introduce international services;
- introduce multilingual services;
- introduce AI-powered products;
- introduce new categories of Consultants;
- discontinue existing services; or
- undertake any other business expansion,
without requiring execution of a new agreement, provided such expansion remains reasonably connected with the Platform and these Terms.
5.4 Notification of Changes
Material revisions may be communicated through one or more of the following:
- Website notices;
- Dashboard notifications;
- Email;
- SMS;
- WhatsApp;
- Push notifications;
- Other electronic communication channels considered appropriate by ConsulTOpen.
Failure by a User to review updated Terms shall not invalidate their applicability.
5.5 Continued Use
Continued use of the Platform following the Effective Date of revised Terms constitutes irrevocable acceptance of those revised Terms. Users who do not agree with revised Terms must immediately discontinue use of the Platform and may request closure of their account in accordance with these Terms.
5.6 Previous Versions
Each updated version of these Terms shall supersede every previous version from its Effective Date. Previous versions shall no longer govern the relationship between ConsulTOpen and Users except to the extent necessary to resolve disputes relating to events occurring before the revised Terms became effective.
6. Electronic Acceptance
6.1 Electronic Agreement
Users acknowledge that these Terms constitute an electronic contract. Acceptance may occur through any electronic means recognised under applicable law.
6.2 Methods of Acceptance
Without limitation, acceptance may occur by:
- clicking “I Agree”;
- creating an account;
- booking a Session;
- onboarding as a Consultant;
- making a payment;
- accessing AI services;
- browsing the Platform after publication of these Terms;
- using any feature of the Platform.
6.3 Legal Validity
Electronic acceptance shall possess the same legal force and effect as a handwritten signature. Users waive any objection solely on the ground that these Terms were accepted electronically.
6.4 Electronic Records
Platform records maintained by ConsulTOpen, including:
- acceptance logs;
- timestamps;
- login records;
- IP addresses;
- device identifiers;
- audit logs;
- payment confirmations;
- booking confirmations;
- electronic communications;
may be relied upon as evidence of acceptance unless proven otherwise under applicable law.
7. Relationship with Other Policies
7.1 Integrated Agreement
These Terms shall be read together with every Platform Policy published by ConsulTOpen. Each Policy forms an integral part of this Agreement.
7.2 Applicable Policies
These Terms presently incorporate, among others:
- Privacy Policy;
- Refund Policy;
- Cancellation & Rescheduling Policy;
- Settlement & Payout Policy;
- Missed Session & No-Show Policy;
- Community Guidelines;
- Cookie Policy;
- AI Policy;
- Consultant Agreement;
- Any future operational, legal, commercial or compliance policy published by
ConsulTOpen.
7.3 Order of Interpretation
Unless expressly stated otherwise:
-
Applicable law shall prevail.
-
These Terms shall prevail over general Platform communications.
-
A subject-specific Policy shall prevail only in relation to the specific subject it governs.
-
Future supplementary agreements shall prevail only to the extent expressly stated therein.
7.4 Entire Digital Framework
Users acknowledge that the Platform operates through multiple interconnected legal documents. Together, these documents create a single contractual framework governing every aspect of the User’s relationship with ConsulTOpen. No email, verbal communication, marketing material, social media post, customer support conversation or informal representation shall modify these Terms unless formally incorporated into an updated version published by ConsulTOpen.
7.5 Reservation of Rights
Any right, remedy, discretion or power not expressly limited by these Terms shall remain reserved to ConsulTOpen to the fullest extent permitted under applicable law. Failure to expressly exercise any right at any time shall not constitute a waiver of that right.
PART II – USER ACCOUNTS, REGISTRATION, VERIFICATION & PLATFORM ACCESS
8. User Registration
8.1 Requirement for Registration
Except where ConsulTOpen expressly permits limited guest access, every individual intending to access, purchase, book, provide or otherwise use any Platform Service shall first create a valid User Account.
No User shall impersonate another individual or create an account on behalf of another person except where expressly authorised under these Terms or applicable law.
8.2 Account Categories
The Platform presently supports, or may in future support, multiple categories of User Accounts, including but not limited to:
- Student Accounts;
- Consultant Accounts;
- Administrator Accounts;
- Institutional Accounts;
- University Accounts;
- School Accounts;
- Corporate Accounts;
- Enterprise Accounts;
- Partner Accounts;
- Future account categories introduced by ConsulTOpen.
Each category may be governed by additional eligibility requirements, operational procedures or supplementary agreements.
8.3 Registration Information
Users shall provide only truthful, complete and current information during registration. Without limitation, registration information may include:
- Full Name;
- Mobile Number;
- Email Address;
- Date of Birth;
- Educational Information;
- Career Interests;
- Location;
- Government Identification (where applicable);
- Professional Qualifications (for Consultants);
- Any additional information reasonably required by ConsulTOpen.
Users shall promptly update any information that becomes inaccurate, incomplete or outdated.
8.4 Verification During Registration
ConsulTOpen reserves the right to verify any information submitted during registration. Verification may occur:
- before account approval;
- after account creation;
- before a booking;
- before settlement;
- periodically during account lifetime;
- whenever reasonably required.
Failure to cooperate with verification requests may result in restriction, suspension or permanent termination.
8.5 Registration Approval
Submission of registration information does not automatically create a contractual right to receive Platform access. ConsulTOpen reserves the unrestricted right, to the fullest extent permitted by law, to:
- approve;
- reject;
- delay;
- suspend; or
- permanently refuse
any registration request without assigning reasons where disclosure is not legally required.
9. User Accounts
9.1 Personal Nature of Accounts
Every User Account is personal to its registered holder. Accounts shall not be:
- sold;
- assigned;
- licensed;
- rented;
- gifted;
- transferred;
- inherited;
- shared;
- sublicensed;
- otherwise made available to another person.
Any unauthorised transfer shall constitute a material breach of these Terms.
9.2 One Account Policy
Unless expressly authorised in writing by ConsulTOpen:
- each Student may maintain only one active Student Account;
- each Consultant may maintain only one active Consultant Account.
Duplicate accounts may be:
- merged;
- restricted;
- suspended; or
- permanently deleted
without prior notice.
9.3 Accuracy of Account Information
Users warrant that every statement submitted through the Platform is:
- true;
- accurate;
- complete;
- not misleading.
Users remain solely responsible for maintaining updated information throughout the duration of their relationship with ConsulTOpen.
9.4 Responsibility for Account Activity
Users remain fully responsible for every action performed through their accounts, including:
- bookings;
- payments;
- uploads;
- messages;
- AI interactions;
- consultations;
- account modifications;
- deletion requests.
This responsibility continues until the User has notified ConsulTOpen of unauthorised access and ConsulTOpen has had a reasonable opportunity to secure the account.
9.5 Dormant Accounts
ConsulTOpen may classify accounts as inactive where no meaningful activity occurs for an extended period.
Inactive accounts may be:
- archived;
- restricted;
- deactivated;
- permanently removed,
subject to applicable law and the Privacy Policy. Users shall be notified where legally required.
10. Student Accounts
10.1 Purpose
Student Accounts are intended exclusively for Students seeking educational, academic, career, internship, placement, mental wellness or related consultation services. The Platform is designed primarily for Students.
10.2 Parent-Assisted Registration
Parents or lawful Guardians may assist Minor Students during registration. However:
- the Student shall remain the primary account holder;
- all consultations shall ordinarily occur through the Student’s account;
- Parent assistance shall not create an independent counselling account unless such
functionality is introduced by ConsulTOpen in future;
10.3 Educational Information
Students may be requested to provide information including:
- Current Class;
- Degree Programme;
- University;
- School;
- Educational Board;
- Academic Interests;
- Favourite Subjects;
- Career Goals;
- Preferred Consultation Categories;
- Other information reasonably necessary for Platform Services.
Providing such information enables personalisation of the Platform.
10.4 Student Pricing
Student consultation pricing shall remain subject to pricing policies determined by ConsulTOpen. Consultants may independently determine Student pricing only within the maximum limits prescribed by the Platform. ConsulTOpen reserves the right to modify such pricing limits at any time.
11. Consultant Accounts
11.1 Independent Professional Status
Consultants use the Platform as independent professionals. Nothing contained within these Terms shall be interpreted as creating:
- employment;
- partnership;
- agency;
- franchise;
- fiduciary relationship;
- joint venture
between ConsulTOpen and any Consultant. Consultants remain solely responsible for their own professional practice, taxes, statutory compliance and regulatory obligations.
11.2 Consultant Registration
Consultants may be required to provide:
- Government Identification;
- PAN;
- Educational Qualifications;
- Professional Licences;
- Bank Account Details;
- Experience Certificates;
- Professional Biography;
- Profile Photograph;
- Any additional documentation reasonably required by ConsulTOpen.
Submission of documentation does not guarantee approval.
11.3 Qualification Standards
Without limitation: Clinical Psychologists and Therapists shall maintain valid qualifications and registrations required under applicable law, including RCI registration wherever legally mandatory. Career Counsellors shall possess at least a Bachelor’s Degree or such higher qualification as ConsulTOpen may prescribe. ConsulTOpen reserves the right to increase qualification standards at any time.
11.4 Consultant Profiles
Consultants are responsible for ensuring that profile information remains:
- truthful;
- accurate;
- professional;
- updated.
False, misleading or exaggerated claims may result in immediate suspension or permanent removal.
11.5 No Right to Onboarding
Approval as a Consultant remains entirely discretionary. Nothing contained in these Terms creates any entitlement to become, remain or continue as a Consultant on the Platform.
12. Account Security
12.1 User Responsibilities
Users shall exercise reasonable care in protecting their accounts. Without limitation, Users shall:
- maintain password confidentiality;
- protect login credentials;
- avoid sharing OTPs;
- avoid sharing authentication codes;
- promptly report suspected compromise.
12.2 Security Measures
ConsulTOpen may implement security measures including:
- Multi-factor authentication;
- Device verification;
- Login alerts;
- Risk-based authentication;
- Suspicious activity detection;
- Session monitoring;
- Fraud detection systems;
- Identity verification.
Users agree to cooperate with reasonable security procedures.
12.3 Compromised Accounts
Where ConsulTOpen reasonably believes an account has been compromised, it may immediately:
- suspend access;
- require password reset;
- require identity verification;
- terminate active sessions;
- restrict Platform functionality.
Such action shall not constitute breach of these Terms.
13. Reserved Rights Relating to User Accounts
Without limiting any other provision contained in these Terms, ConsulTOpen expressly reserves the right to:
- refuse registration;
- suspend accounts;
- terminate accounts;
- merge duplicate accounts;
- require additional verification;
- correct registration errors;
- remove inaccurate information;
- prevent fraudulent registrations;
- reject usernames;
- recover improperly created accounts;
- investigate suspicious activity;
- restrict access to Platform features;
- introduce additional eligibility requirements in future.
Exercise or non-exercise of any such right shall not constitute a waiver of any other right available to ConsulTOpen under these Terms or applicable law.
14. Identity Verification
14.1 General Right to Verify
To maintain the integrity, security and reliability of the Platform, ConsulTOpen reserves the unrestricted right to verify the identity, qualifications and information of any User at any stage of their relationship with the Platform.
Verification may occur:
- before account approval;
- after account creation;
- before booking;
- before accepting bookings;
- before consultant onboarding;
- before settlement;
- before withdrawal of earnings;
- following suspicious activity;
- during compliance reviews;
- periodically for quality assurance;
- whenever reasonably required by ConsulTOpen.
Verification requirements may change from time to time without requiring amendment of these Terms.
14.2 Verification Methods
Without limitation, verification may include:
- Mobile OTP Verification;
- Email Verification;
- Government-issued Identification;
- PAN Verification;
- Aadhaar Verification (where introduced and legally permissible);
- Selfie Verification;
- Live Video Verification;
- Educational Qualification Verification;
- Professional Licence Verification;
- Bank Account Verification;
- Address Verification;
- Device Verification;
- Employment Verification;
- Third-party Verification Services;
- Any additional verification considered reasonably necessary.
14.3 Consultant Verification
Consultants acknowledge that additional verification requirements apply due to the professional nature of their services. ConsulTOpen may verify:
- Educational Degrees;
- Professional Certifications;
- RCI Registration (where applicable);
- Identity Documents;
- PAN;
- Bank Account Ownership;
- Professional Experience;
- Employment History;
- Background Information;
- Publicly Available Professional Records.
Failure to satisfy verification requirements may result in rejection, suspension or permanent removal.
14.4 Ongoing Verification
Verification is not a one-time process. ConsulTOpen may require Users to re-submit documents whenever:
- documents expire;
- licences lapse;
- regulations change;
- fraud is suspected;
- account ownership is questioned;
- information appears inconsistent;
- periodic compliance reviews are conducted.
Users agree to cooperate fully with such requests.
14.5 Failure to Verify
Where verification cannot be completed, ConsulTOpen may, without limitation:
- restrict Platform access;
- suspend bookings;
- suspend withdrawals;
- refuse Consultant onboarding;
- cancel pending settlements;
- reject bookings;
- terminate the User Account.
Such action shall not create any liability upon ConsulTOpen.
15. Platform Access
15.1 Limited Licence
Subject to continuous compliance with these Terms, ConsulTOpen grants every User a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Platform solely for its intended purposes. No ownership rights are transferred.
15.2 Nature of Licence
The licence granted under these Terms:
- may be revoked at any time;
- is non-transferable;
- is non-sublicensable;
- is non-exclusive;
- is subject to continuous compliance with these Terms.
Any use beyond the scope of this licence is strictly prohibited.
15.3 Platform Availability
Access to the Platform may vary depending upon:
- geographic location;
- regulatory requirements;
- service availability;
- technical infrastructure;
- subscription status;
- user category;
- future Platform changes.
ConsulTOpen does not guarantee that every feature will be available to every User.
15.4 Future Access Models
ConsulTOpen may introduce:
- Premium Memberships;
- Subscription Plans;
- Enterprise Accounts;
- Institutional Dashboards;
- API Access;
- Mobile Applications;
- Beta Programmes;
- Early Access Features;
- Paid Add-on Services;
- Region-specific Services.
Nothing contained herein obligates ConsulTOpen to continue providing any existing feature indefinitely.
16. Permitted Use
16.1 Lawful Use
Users shall use the Platform only for lawful purposes.
The Platform shall not be used in any manner inconsistent with:
- applicable law;
- these Terms;
- Platform Policies;
- public order;
- professional ethics.
16.2 Intended Purpose
Users may use the Platform solely for purposes including:
- booking consultations;
- providing consultations;
- educational guidance;
- career counselling;
- mental wellness support;
- communication through authorised Platform features;
- use of AI services;
- use of future Platform services.
16.3 Prohibited Commercial Exploitation
Without prior written permission, Users shall not:
- commercialise Platform access;
- sublicense Platform services;
- resell Platform functionality;
- operate competing services using Platform infrastructure;
- build derivative commercial products based upon the Platform.
17. Account Suspension
17.1 Immediate Suspension
ConsulTOpen may suspend any User Account immediately where it reasonably believes that suspension is necessary to:
- protect Users;
- protect Platform security;
- investigate misconduct;
- comply with law;
- prevent fraud;
- preserve evidence;
- prevent financial loss.
17.2 Grounds for Suspension
Grounds may include, without limitation:
- identity concerns;
- fake documents;
- policy violations;
- multiple accounts;
- payment fraud;
- abusive behaviour;
- copyright infringement;
- unauthorised recordings;
- security incidents;
- suspected criminal activity;
- misleading profile information;
- attempted Platform circumvention.
17.3 Effect of Suspension
During suspension ConsulTOpen may:
- disable login;
- prevent bookings;
- pause payouts;
- restrict messaging;
- hide Consultant profiles;
- remove search visibility;
- disable AI services;
- prevent withdrawals;
- restrict uploads.
Suspension shall not terminate obligations already accrued.
17.4 Investigations
During suspension ConsulTOpen may investigate alleged misconduct. Users agree to cooperate by providing information reasonably requested. Failure to cooperate may itself constitute an independent breach of these Terms.
18. Account Termination
18.1 Right to Terminate
ConsulTOpen reserves the unrestricted right to permanently terminate any User Account where legally permissible. Termination may occur with or without prior notice depending upon the circumstances.
18.2 Grounds for Termination
Without limitation, termination may occur where:
- fraud has occurred;
- identity theft is suspected;
- serious misconduct has occurred;
- repeated policy violations occur;
- illegal conduct occurs;
- Platform abuse occurs;
- off-platform solicitation occurs;
- malware is distributed;
- Platform security is compromised;
- false qualifications are submitted;
- legal or regulatory obligations require termination.
18.3 Consequences of Termination
Upon termination:
- Platform access immediately ceases;
- licences granted under these Terms terminate;
- future bookings may be cancelled;
- pending settlements may be withheld pending investigation;
- User Content may be removed where appropriate;
- legal obligations survive where applicable.
Termination shall not affect rights accrued before termination.
18.4 No Compensation
Termination of an account shall not entitle the User to compensation, damages or reimbursement solely because Platform access has ended.
19. Account Deletion
19.1 User Requests
Users may request deletion of their accounts through authorised Platform procedures. Deletion requests may require identity verification.
19.2 Processing
Upon successful verification:
- the account shall ordinarily be deactivated promptly;
- personal data shall be processed in accordance with the Privacy Policy;
- information required for legal compliance may be retained.
19.3 Records Retained
Notwithstanding deletion requests, ConsulTOpen may retain information relating to:
- completed transactions;
- tax records;
- settlement records;
- fraud investigations;
- legal proceedings;
- regulatory obligations;
- audit requirements;
- dispute resolution.
Such retention shall occur only to the extent reasonably necessary or legally required.
19.4 No Automatic Deletion of Financial Records
Deletion of a User Account does not require deletion of invoices, payment records, settlement records or statutory accounting information. Such records may be retained for periods prescribed by applicable law.
20. Digital Communications
20.1 Consent to Electronic Communication
Users consent to receive communications electronically. Communications may include:
- booking confirmations;
- payment confirmations;
- settlement notifications;
- policy updates;
- legal notices;
- security alerts;
- verification requests;
- customer support responses;
- marketing communications (subject to applicable preferences).
20.2 Communication Channels
Without limitation, communications may be delivered through:
- Email;
- SMS;
- WhatsApp;
- Website Notices;
- Dashboard Notifications;
- Push Notifications;
- In-app Messages;
- Future communication technologies adopted by ConsulTOpen.
Electronic communications shall satisfy any legal requirement that notices be provided in writing, to the extent permitted by applicable law.
21. Right to Modify, Suspend or Discontinue the Platform
21.1 General Reservation of Rights
ConsulTOpen operates as a continuously evolving technology platform. Accordingly, ConsulTOpen reserves the unrestricted right, at its sole discretion and to the fullest extent permitted under applicable law, to modify, upgrade, replace, suspend, discontinue or otherwise alter any aspect of the Platform at any time. Such modifications may occur with or without prior notice where legally permissible. Nothing contained in these Terms shall be interpreted as creating any obligation upon ConsulTOpen to continue operating any specific feature, functionality, product or service.
21.2 Platform Modifications
Without limitation, ConsulTOpen may:
- redesign the Website;
- redesign the user interface;
- redesign consultant dashboards;
- redesign student dashboards;
- modify booking systems;
- modify payment flows;
- modify settlement procedures;
- introduce new technologies;
- discontinue obsolete technologies;
- migrate servers;
- migrate databases;
- replace third-party providers;
- replace AI providers;
- change communication methods;
- introduce new authentication procedures;
- modify verification requirements;
- introduce subscription models;
- revise pricing policies;
- revise commission structures;
- revise Platform Policies;
- introduce premium features;
- discontinue existing features.
Users acknowledge that continuous technological improvement forms an essential part of the Platform.
22. Future Platform Features
22.1 Expansion of Services
ConsulTOpen is intended to evolve into a comprehensive educational and professional guidance ecosystem. Accordingly, ConsulTOpen reserves the right to introduce, without limitation:
- Android Applications;
- iOS Applications;
- Desktop Applications;
- Progressive Web Applications;
- AI Career Coaches;
- AI Mental Wellness Assistants;
- AI Study Tools;
- AI Resume Builders;
- AI Interview Preparation;
- AI Skill Assessments;
- AI Recommendation Engines;
- Scholarship Discovery Systems;
- Internship Marketplaces;
- Placement Preparation Modules;
- Community Forums;
- Student Networks;
- Mentor Networks;
- Group Counselling;
- Live Webinars;
- Recorded Learning Content;
- Premium Memberships;
- Subscription Services;
- Institutional Dashboards;
- University Portals;
- School Dashboards;
- Corporate Wellness Programmes;
- Enterprise Solutions;
- API Services;
- International Services;
- Multi-language Support;
- Any other products or services considered appropriate by ConsulTOpen.
Nothing in these Terms limits ConsulTOpen’s ability to innovate.
22.2 Future Business Models
ConsulTOpen may in future operate under one or more business models including:
- Commission-based services;
- Subscription-based services;
- Marketplace services;
- Institutional licensing;
- Enterprise licensing;
- White-labelled services;
- Software-as-a-Service (SaaS);
- Artificial Intelligence services;
- Business-to-Business (B2B);
- Business-to-Consumer (B2C);
- Business-to-Business-to-Consumer (B2B2C);
- Government partnerships;
- Educational partnerships.
The introduction of additional business models shall not require execution of a fresh agreement unless expressly stated.
23. Platform Availability
23.1 Best Efforts
ConsulTOpen shall use commercially reasonable efforts to maintain Platform availability. However, uninterrupted, continuous or error-free operation cannot be guaranteed.
23.2 Planned Maintenance
ConsulTOpen may temporarily suspend access for:
- software updates;
- database maintenance;
- infrastructure upgrades;
- cybersecurity enhancements;
- feature deployment;
- server migration;
- testing activities;
- compliance requirements.
Where reasonably practicable, advance notice may be provided.
23.3 Emergency Maintenance
ConsulTOpen may immediately suspend all or part of the Platform without notice where reasonably necessary to:
- address security incidents;
- mitigate cyberattacks;
- prevent fraud;
- repair critical failures;
- comply with legal requirements;
- protect Users.
23.4 Third-Party Dependencies
Users acknowledge that Platform functionality depends upon numerous third-party providers including, without limitation:
- cloud hosting providers;
- payment gateways;
- internet service providers;
- telecommunications providers;
- artificial intelligence providers;
- email service providers;
- SMS providers;
- mapping services;
- analytics providers;
- security providers.
ConsulTOpen shall not be liable for interruptions caused primarily by such third-party services beyond its reasonable control.
24. Beta, Pilot & Experimental Features
24.1 Beta Features
From time to time ConsulTOpen may introduce:
- Beta Features;
- Experimental Features;
- Early Access Features;
- Pilot Programmes;
- Prototype Technologies.
Such features are provided for evaluation purposes.
24.2 No Warranty
Beta Features:
- may contain errors;
- may be incomplete;
- may be modified without notice;
- may be withdrawn permanently;
- may not perform as expected.
Users voluntarily participate in Beta programmes at their own discretion.
24.3 User Feedback
Users participating in Beta programmes grant ConsulTOpen a perpetual, irrevocable, worldwide, royalty-free right to use any suggestions, comments, ideas or feedback relating to such features without compensation.
25. Platform Integrity
Every User shall use the Platform honestly and in good faith.
Users shall not engage in conduct intended to:
- manipulate rankings;
- manipulate search results;
- manipulate consultant ratings;
- manipulate reviews;
- manipulate recommendations;
- manipulate AI outputs;
- interfere with Platform operations;
- artificially inflate bookings;
- abuse promotional campaigns;
- abuse referral programmes;
- artificially generate traffic.
ConsulTOpen reserves the right to investigate suspected manipulation using automated or manual methods.
26. Zero Tolerance Policy
Certain conduct is fundamentally incompatible with the safe operation of the Platform. Accordingly, ConsulTOpen adopts a Zero Tolerance Policy. Without limitation, the following may result in immediate permanent suspension or termination, forfeiture of Platform privileges, withholding of settlements where legally permissible, and reporting to competent authorities where required by law:
- Child sexual abuse or exploitation;
- Child grooming;
- Human trafficking;
- Terrorism-related activity;
- Violent extremist content;
- Financial fraud;
- Identity theft;
- Money laundering;
- Distribution of malware;
- Distribution of ransomware;
- Phishing;
- Credential theft;
- Sexual exploitation;
- Serious harassment;
- Blackmail;
- Extortion;
- Impersonation for fraudulent purposes;
- Forged qualifications;
- Forged professional licences;
- Deliberate misuse of AI systems;
- Unauthorised access to Platform systems;
- Large-scale data scraping;
- Repeat off-platform solicitation;
- Activities threatening Platform security or User safety.
ConsulTOpen reserves the right to cooperate fully with law enforcement authorities and regulatory bodies in relation to such conduct.
27. Reservation of Rights
Except where expressly limited by these Terms or applicable law, every right, remedy, discretion and power not expressly granted to Users remains reserved exclusively to ConsulTOpen. Failure by ConsulTOpen to immediately exercise any right shall not constitute:
- waiver;
- abandonment;
- estoppel;
- limitation of future enforcement.
28. Closing Provisions of Part Ii
The provisions contained in this Part II establish the legal framework governing:
- User registration;
- identity verification;
- account management;
- Platform access;
- Platform availability;
- future Platform development;
- account security;
- suspension;
- termination;
- User communications.
These provisions shall be read together with every subsequent Part of these Terms. Where any inconsistency arises, the provision most specifically addressing the relevant subject matter shall prevail, unless otherwise required by applicable law.
PART III – PLATFORM SERVICES, BOOKINGS & CONSULTATION FRAMEWORK
29. Nature of Platform Services
29.1 Technology Platform
ConsulTOpen is a technology-enabled digital platform that facilitates interactions between Students and independent Consultants. The Platform enables Users to discover, book, schedule and participate in professional consultation sessions through digital communication technologies. ConsulTOpen itself does not ordinarily provide professional counselling services unless expressly stated otherwise.
29.2 Current Services
At the Effective Date, the Platform may facilitate services including, without limitation:
- Career Counselling;
- Academic Guidance;
- Educational Planning;
- Internship Guidance;
- Professional Development;
- Mental Wellness Support;
- Student Wellbeing Services;
- AI-assisted Educational Guidance;
- AI-assisted Career Guidance;
- AI-assisted Session Support;
- Any additional services introduced from time to time.
29.3 Future Services
Without limiting the generality of these Terms, ConsulTOpen reserves the unrestricted right to introduce additional services including:
- Study Planning;
- Resume Review;
- Scholarship Assistance;
- Interview Preparation;
- Skill Assessment;
- Personality Assessment;
- Learning Communities;
- Group Counselling;
- Corporate Wellness;
- School Counselling;
- University Services;
- Parent Guidance;
- International Student Services;
- AI Tutors;
- AI Wellness Assistants;
- Marketplace Services;
- Subscription Services;
- Any technology-enabled educational or professional guidance services.
The introduction, modification or discontinuation of any service shall not require execution of a fresh agreement.
30. Role of Consultopen
30.1 Platform Operator
Unless expressly stated otherwise, ConsulTOpen acts solely as:
- technology platform;
- booking facilitator;
- payment facilitator;
- communication facilitator;
- digital infrastructure provider.
30.2 Independent Consultants
Every Consultant operates independently. Accordingly:
- Consultants determine professional opinions independently.
- Consultants remain solely responsible for advice provided.
- Consultants remain responsible for maintaining qualifications.
- Consultants remain responsible for compliance with professional regulations.
Nothing contained within these Terms shall be interpreted as creating an employment relationship.
30.3 No Guarantee of Consultant Availability
ConsulTOpen does not guarantee that:
- any particular Consultant will remain available;
- a Consultant will accept every booking;
- a Consultant will continue providing services indefinitely;
- a Consultant will remain onboarded.
Consultants may join or leave the Platform at any time subject to applicable agreements.
31. Consultation Services
31.1 Session Categories
Sessions may presently include:
- Career Counselling;
- Mental Wellness Sessions;
- Academic Guidance;
- Educational Consultation.
Future consultation categories may be introduced at ConsulTOpen’s discretion.
31.2 Session Duration
Unless otherwise specified by ConsulTOpen: Standard consultation sessions shall have a duration of forty (40) minutes. Future session durations may include:
- 20 minutes;
- 30 minutes;
- 60 minutes;
- 90 minutes;
- Custom durations;
- Group sessions.
31.3 Session Format
Sessions may be conducted through:
- Platform Chat;
- Platform Voice Calling;
- Platform Video Calling;
- Future communication technologies approved by ConsulTOpen.
Users shall not require external communication platforms unless expressly authorised.
31.4 Session Commencement
Sessions commence at their scheduled start time. Late arrival by either party shall not automatically extend the scheduled duration. Consultants may, entirely at their discretion, continue beyond the scheduled duration. Such continuation shall not create any obligation to extend future sessions.
31.5 Completion of Sessions
A Session shall ordinarily conclude upon:
- expiry of scheduled duration;
- mutual completion;
- early termination permitted under these Terms;
- technical failure;
- emergency circumstances.
Platform records shall determine official completion time.
32. Booking Framework
32.1 Platform Booking Requirement
All consultation sessions must be booked exclusively through authorised ConsulTOpen booking systems. Bookings arranged outside the Platform shall not receive Platform protection.
32.2 Confirmation
A booking becomes confirmed only after:
- successful payment;
- booking confirmation generated by ConsulTOpen;
- allocation of the scheduled consultation slot.
Until confirmation occurs, neither Student nor Consultant acquires any contractual obligation relating to the requested booking.
32.3 Booking Information
Bookings may include:
- Student details;
- Consultant details;
- Consultation category;
- Session duration;
- Scheduled date;
- Scheduled time;
- Applicable pricing;
- Booking reference number;
- Platform-generated identifiers.
32.4 Consultant Acceptance
Where applicable, Consultants may accept or decline booking requests in accordance with Platform functionality. Failure to accept within the prescribed period may result in automatic expiry of the booking request.
33. Consultant Pricing
33.1 Pricing Autonomy
Consultants may independently determine consultation pricing subject to Platform policies. Such pricing remains visible to Students before confirmation.
33.2 Student Pricing Cap
Student consultation fees shall not exceed the maximum limit prescribed by ConsulTOpen.
At the Effective Date this limit is ₹1,500 per consultation unless subsequently revised. ConsulTOpen reserves the unrestricted right to revise this limit.
33.3 Working Professional Pricing
Consultants may independently determine pricing applicable to Working Professionals. ConsulTOpen may introduce future pricing policies applicable to professional consultations.
33.4 Promotional Pricing
ConsulTOpen may introduce:
- promotional pricing;
- institutional pricing;
- discounted campaigns;
- referral incentives;
- subscription pricing;
- bundled services;
- loyalty programmes.
Nothing contained herein guarantees continued availability of any promotional pricing.
34. Platform Pricing Errors
Despite reasonable efforts, pricing errors may occasionally occur. Where an obvious pricing error exists due to:
- software malfunction;
- technical error;
- human error;
- system failure;
- typographical mistake;
- integration failure,
ConsulTOpen reserves the right to:
- cancel the booking;
- correct the pricing;
- issue an appropriate refund;
- request payment of the correct amount before confirming the booking.
Users acknowledge that obvious pricing mistakes do not create enforceable rights.
35. Booking Restrictions
ConsulTOpen reserves the right to reject, cancel or suspend any booking where reasonably necessary including, without limitation:
- suspected fraud;
- payment irregularities;
- Platform abuse;
- legal requirements;
- consultant verification concerns;
- duplicate bookings;
- technical failures;
- security concerns;
- Force Majeure events.
Such action shall not constitute breach of these Terms.
36. Communication Prior to Sessions
Prior to the scheduled consultation: Users may receive:
- booking confirmations;
- reminders;
- schedule updates;
- platform notifications;
- verification requests;
- session preparation guidance.
Such communications form part of the Services provided by ConsulTOpen.
37. Service Quality
ConsulTOpen continuously seeks to improve Platform quality. Accordingly, ConsulTOpen may:
- monitor technical performance;
- analyse booking patterns;
- collect feedback;
- review service quality;
- investigate complaints;
- improve operational processes.
Such activities shall be conducted in accordance with applicable law and the Privacy Policy.
38. Payments
38.1 Payment Requirement
Unless expressly stated otherwise by ConsulTOpen, every consultation booking shall require successful payment before confirmation. No booking shall be deemed confirmed until payment has been successfully processed through an authorised payment method.
38.2 Payment Processor
Payments are presently processed through Razorpay or any other payment processor designated by ConsulTOpen. ConsulTOpen reserves the unrestricted right to:
- replace payment gateways;
- introduce multiple payment gateways;
- introduce regional payment providers;
- introduce international payment providers;
- integrate banking partners;
- integrate fintech services;
- introduce proprietary payment systems.
Users acknowledge that payment processing services are provided by independent third-party providers governed by their own terms and privacy practices.
38.3 Accepted Payment Methods
The Platform may accept payment through any method supported by the authorised payment processor, including but not limited to:
- UPI;
- Credit Cards;
- Debit Cards;
- Net Banking;
- Digital Wallets;
- EMI;
- Buy Now Pay Later (BNPL);
- International Cards;
- Bank Transfers;
- Future payment technologies introduced by ConsulTOpen.
Availability of payment methods may vary by jurisdiction, device, payment processor or regulatory requirements.
38.4 Currency
Unless otherwise specified, all transactions shall presently be processed in Indian Rupees (INR). ConsulTOpen reserves the right to support additional currencies for international services in the future. Exchange rates, foreign transaction fees and conversion charges imposed by banks or payment processors remain the sole responsibility of the User.
38.5 Taxes
All applicable taxes, duties, levies and statutory charges shall be imposed in accordance with applicable law. Where required:
- GST may be charged separately;
- TDS may be deducted;
- statutory taxes may be collected or remitted.
Users remain responsible for taxes imposed upon them under applicable law.
39. Payment Authorisation
By submitting payment information, the User represents and warrants that:
- they are authorised to use the selected payment instrument;
- the payment information provided is accurate;
- the transaction is lawful;
- sufficient funds or credit are available.
Users shall not use stolen, unauthorised or fraudulently obtained payment methods.
40. Payment Failures
40.1 Failed Transactions
A payment shall be considered unsuccessful where:
- authorisation fails;
- payment is declined;
- payment is reversed before confirmation;
- payment processing times out;
- technical failures occur;
- fraud detection systems reject the transaction.
No booking shall arise until successful confirmation.
40.2 No Reservation of Slot
Where payment fails, the selected consultation slot shall not be reserved. The Consultant may become unavailable before payment is successfully completed. ConsulTOpen shall not be responsible for loss of a preferred appointment resulting from failed or delayed payment.
40.3 Duplicate Payments
Where duplicate payments occur due to technical reasons, ConsulTOpen shall make commercially reasonable efforts to investigate and facilitate appropriate correction or refund after verification.
41. Chargebacks
41.1 Definition
A chargeback occurs when a payment is reversed by:
- a bank;
- a card issuer;
- a payment network;
- a payment processor;
- another authorised financial institution.
41.2 Investigation
Where a chargeback occurs, ConsulTOpen may:
- investigate the transaction;
- collect supporting evidence;
- suspend payouts;
- temporarily restrict accounts;
- communicate with payment processors;
- contest fraudulent chargebacks.
Users agree to cooperate with reasonable requests for information.
41.3 Fraudulent Chargebacks
Fraudulent or abusive chargebacks constitute a material breach of these Terms. Without limitation, ConsulTOpen may:
- suspend the User Account;
- permanently terminate Platform access;
- recover outstanding amounts;
- offset future credits or settlements;
- report the matter to payment processors;
- initiate legal proceedings where appropriate.
42. Promotional Offers
42.1 Promotional Campaigns
From time to time ConsulTOpen may offer:
- promotional discounts;
- coupons;
- referral rewards;
- cashback;
- introductory pricing;
- loyalty programmes;
- seasonal offers;
- institutional discounts.
Participation in any promotion is voluntary.
42.2 Promotional Conditions
Unless expressly stated otherwise:
- promotions have no cash value;
- promotions are non-transferable;
- promotions may not be combined;
- promotions remain subject to availability;
- promotions may expire without renewal.
ConsulTOpen reserves the right to withdraw any promotion at any time.
42.3 Promotional Abuse
Users shall not engage in:
- referral fraud;
- multiple account creation for promotions;
- coupon abuse;
- artificial transaction generation;
- collusion;
- misuse of promotional programmes.
Where promotional abuse is detected, ConsulTOpen may cancel the benefit, recover improperly obtained amounts and take enforcement action.
43. Future Platform Credits & Digital Wallet
ConsulTOpen may introduce a digital wallet, stored-value account or promotional credit system. If introduced:
- wallet balances may only be used within the Platform unless otherwise stated;
- promotional credits may carry expiry dates;
- promotional credits shall ordinarily be non-transferable;
- wallet usage shall remain subject to future Platform Policies.
Nothing in these Terms obligates ConsulTOpen to introduce or maintain such functionality.
- REFUNDS INITIATED BY CONSULTOpen Without limiting the Refund Policy, ConsulTOpen may initiate refunds where reasonably appropriate, including:
- duplicate payments;
- technical failures;
- Platform cancellations;
- payment gateway errors;
- fraudulent transactions;
- billing mistakes;
- pricing errors;
- legal requirements.
The method of refund shall ordinarily correspond to the original payment method unless otherwise required by law or payment processor rules.
45. Payment Security
ConsulTOpen employs commercially reasonable measures designed to protect payment-related information. Payment credentials are ordinarily processed by authorised payment processors and are not intended to be stored by ConsulTOpen except where necessary and legally permissible. Users acknowledge that no online payment system can guarantee absolute security.
46. Financial Records
Platform-generated financial records, including:
- invoices;
- receipts;
- booking confirmations;
- settlement statements;
- payment acknowledgements;
- transaction identifiers;
- refund records;
- chargeback records;
shall be presumed accurate unless a clear error is established. Users should promptly review all financial communications and notify ConsulTOpen of any suspected discrepancies.
47. Right to Correct Billing Errors
ConsulTOpen reserves the right to correct genuine billing, accounting or pricing errors, including:
- computational errors;
- software malfunctions;
- duplicate charges;
- duplicate refunds;
- incorrect promotional application;
- tax calculation errors;
- settlement miscalculations.
Where correction materially affects a User, ConsulTOpen shall make commercially reasonable efforts to communicate the adjustment. Correction of genuine errors shall not constitute breach of these Terms.
48. Future Financial Services
To support future growth, ConsulTOpen may introduce additional financial functionality, including:
- subscriptions;
- recurring billing;
- institutional invoicing;
- enterprise billing;
- split payments;
- escrow-style payment mechanisms (where legally permissible);
- instalment plans;
- financing partnerships;
- international payment services;
- insurance integrations;
- financial incentives;
- grants;
- scholarship disbursement services;
- additional payment technologies.
Such functionality shall become subject to these Terms together with any supplementary policies published by ConsulTOpen.
49. Consultation Sessions
49.1 Session Conduct
Every consultation conducted through ConsulTOpen shall be carried out in a respectful, professional and lawful manner. Students and Consultants shall:
- communicate respectfully;
- act honestly and in good faith;
- avoid abusive, threatening or discriminatory behaviour;
- comply with applicable laws;
- comply with these Terms and all Platform Policies.
49.2 Session Environment
Users are encouraged to participate in Sessions from an environment that is:
- reasonably quiet;
- safe;
- free from unnecessary interruptions;
- suitable for confidential conversations.
Neither ConsulTOpen nor the Consultant shall be responsible for interruptions arising from the User’s own surroundings.
49.3 Punctuality
Students and Consultants are expected to join Sessions punctually. Platform records shall determine official joining times. Late participation shall not automatically extend the booked Session unless the Consultant voluntarily agrees.
49.4 Professional Boundaries
During every Session: Consultants shall maintain professional boundaries. Students shall likewise respect professional boundaries established by the Consultant. Neither party shall engage in behaviour inconsistent with the intended purpose of the consultation.
50. Off-platform Communication
50.1 Platform-Only Communication
To protect Users and maintain Platform integrity, all consultation-related communications shall occur exclusively through authorised ConsulTOpen features unless expressly authorised in writing by ConsulTOpen.
50.2 Prohibited Conduct
Neither Students nor Consultants shall attempt to exchange:
- personal mobile numbers;
- personal email addresses;
- WhatsApp numbers;
- Telegram usernames;
- Signal usernames;
- social media handles;
- video meeting links;
- payment details;
- external booking links;
- any information intended to facilitate future off-platform communication.
50.3 Circumvention
Attempts to bypass the Platform for the purpose of avoiding Platform fees, supervision or policies constitute a material breach of these Terms. Repeated violations may result in permanent suspension or termination.
51. File Sharing
51.1 Permitted File Sharing
The Platform may permit Students and Consultants to exchange files where reasonably necessary for consultation purposes.
51.2 Supported Content
Without limitation, Users may upload:
- PDF documents;
- Word documents;
- Images;
- Videos;
- Audio files;
- Presentations;
- Spreadsheets;
- Hyperlinks;
- Educational material;
- Other approved file formats.
51.3 Responsibility
Users remain solely responsible for:
- ownership of uploaded files;
- legality of uploaded files;
- accuracy of uploaded files;
- ensuring that uploaded material does not infringe the rights of others.
51.4 Security
ConsulTOpen may automatically scan uploaded files using security technologies to detect:
- malware;
- ransomware;
- viruses;
- malicious scripts;
- prohibited content.
Scanning does not create any obligation upon ConsulTOpen to detect every threat.
52. Audio Recording
52.1 Mutual Consent Requirement
ConsulTOpen shall record only the audio of a consultation Session and only after obtaining the express and informed consent of both the Student and the Consultant. If either participant declines consent, no audio recording shall be created.
52.2 No Video Recording
At the Effective Date, ConsulTOpen does not record video consultations. Should video recording ever be introduced, it shall be subject to updated Terms, applicable law and any additional consent requirements.
52.3 Purpose of Recording
Audio recordings may be used solely for legitimate Platform purposes, including:
- generation of AI transcripts;
- generation of AI session summaries;
- dispute resolution;
- quality assurance;
- service improvement;
- legal compliance;
- fraud prevention;
- security investigations.
Recordings shall not be used for unrelated commercial exploitation.
52.4 User Recording
Users shall not independently record any consultation Session without the prior consent of every participant and compliance with applicable law. Unauthorised recording may result in immediate enforcement action.
53. Ai-assisted Services
53.1 AI Features
ConsulTOpen may utilise Artificial Intelligence to provide, improve or support Platform functionality, including:
- AI Chat Assistant;
- AI Career Guidance;
- AI Session Summaries;
- AI Transcript Generation;
- AI Recommendations;
- AI Moderation;
- AI Productivity Tools;
- AI Learning Assistance;
- Future AI Features.
53.2 Human Oversight
Artificial Intelligence is designed to assist—not replace—human judgement. Consultants remain solely responsible for:
- professional opinions;
- recommendations;
- advice;
- communications with Students.
AI-generated content shall not replace professional expertise.
53.3 AI Accuracy
Users acknowledge that AI systems:
- may generate inaccurate information;
- may misunderstand context;
- may produce incomplete responses;
- may require human review.
Users shall exercise independent judgement before relying upon AI-generated outputs.
53.4 Continuous Improvement
ConsulTOpen reserves the right to:
- retrain AI systems;
- replace AI providers;
- modify AI workflows;
- improve AI models;
- discontinue AI features;
- introduce new AI technologies,
without requiring amendment of these Terms, provided such changes remain consistent with applicable law.
54. Mood Logs & Wellness Tools
54.1 Purpose
The Platform may permit Students to record mood logs, emotional wellbeing information and other wellness-related inputs. These tools are intended to encourage self-reflection and assist Consultants in understanding the Student’s educational and emotional context.
54.2 No Diagnosis
Mood logs, AI wellness insights and similar tools:
- do not diagnose illness;
- do not replace therapy;
- do not replace medical advice;
- do not replace emergency intervention.
54.3 Educational Personalisation
Subject to applicable law and the Privacy Policy, information voluntarily provided through mood logs may be used to:
- personalise recommendations;
- improve educational guidance;
- generate AI insights;
- improve Platform functionality.
55. Technical Interruptions
55.1 Platform Failures
Sessions may occasionally be interrupted due to:
- internet outages;
- cloud failures;
- hardware failures;
- software failures;
- telecommunications issues;
- cybersecurity incidents;
- maintenance activities;
- Force Majeure events.
55.2 Investigation
Where a technical interruption materially affects a Session, ConsulTOpen may review:
- system logs;
- session metadata;
- connectivity information;
- platform records;
- other technical evidence.
Such review may be used to determine whether a Session should be rescheduled, refunded or otherwise resolved under the applicable Platform Policies.
56. Platform Communications
Users acknowledge that ConsulTOpen may communicate regarding Sessions through:
- email;
- SMS;
- WhatsApp;
- dashboard notifications;
- push notifications;
- in-app messages;
- future communication technologies.
Such communications may include reminders, schedule changes, technical notices, follow-up information and other operational updates.
57. Quality Assurance
To maintain Platform quality, ConsulTOpen may:
- monitor technical performance;
- review complaints;
- analyse operational metrics;
- review AI-generated summaries;
- audit booking records;
- investigate service issues.
Such activities shall be conducted in accordance with applicable law, these Terms and the Privacy Policy.
58. Closing Provisions of Part Iii
This Part III governs the provision of Platform Services, consultation Sessions, financial transactions, AI-enabled functionality and communications occurring through ConsulTOpen.
The rights and obligations established herein shall apply equally to present and future Platform Services unless expressly stated otherwise. Where any inconsistency arises between this Part and a subject-specific Platform Policy, the more specific provision shall prevail in relation to that subject matter, unless otherwise required by applicable law.
PART IV – BOOKINGS, CANCELLATIONS, RESCHEDULING & REFUND FRAMEWORK
59. General Booking Principles
59.1 Booking Framework
Every consultation made through ConsulTOpen shall be governed by:
- these Terms;
- the Cancellation & Rescheduling Policy;
- the Refund Policy;
- the Missed Session & No-Show Policy;
- any future booking policies published by ConsulTOpen.
The Platform’s electronic records shall determine all booking-related timestamps unless clearly demonstrated otherwise.
59.2 Binding Booking
A booking becomes legally binding only when all of the following conditions have been satisfied:
- successful payment has been received;
- the booking has been confirmed by ConsulTOpen;
- the consultation slot has been allocated;
- a booking confirmation has been generated.
Until all four conditions are fulfilled, no contractual obligation exists between the Student and the Consultant regarding the requested Session.
59.3 Platform Authority
ConsulTOpen reserves the unrestricted right to reject, suspend, modify, postpone or cancel any booking where reasonably necessary for:
- fraud prevention;
- security concerns;
- technical failures;
- consultant verification;
- payment issues;
- duplicate bookings;
- legal compliance;
- regulatory obligations;
- Force Majeure Events;
- Platform integrity.
Exercise of these rights shall not constitute breach of these Terms.
59.4 Booking Records
Platform-generated booking records, including:
- booking reference numbers;
- timestamps;
- payment confirmations;
- Consultant allocations;
- booking status;
- attendance logs;
- system logs;
shall constitute the official record of every booking unless a manifest error is established.
60. Student Cancellations
60.1 Cancellation Procedure
Students may cancel bookings only through the official ConsulTOpen Platform using the cancellation functionality made available by ConsulTOpen. Cancellation requests made through:
- WhatsApp;
- Email;
- Telephone;
- Social Media;
- Consultants;
- Third Parties;
shall not constitute valid cancellation requests unless expressly accepted by ConsulTOpen.
60.2 Time Calculation
Cancellation windows shall be calculated using the official Platform timestamp. Where any discrepancy exists between User devices and Platform records, the Platform timestamp shall prevail.
60.3 Cancellation Within Thirty (30) Minutes of Booking
Where a Student cancels a confirmed booking within thirty (30) minutes of booking confirmation:
- the Student shall receive a 100% refund;
- the Consultant shall receive no payment;
- ConsulTOpen shall retain no commission.
60.4 Cancellation More Than Twenty-Four (24) Hours Before the Session
Where cancellation occurs more than twenty-four (24) hours before the scheduled Session:
- Student Refund: 90%
- Consultant Share: 7%
- ConsulTOpen Share: 3%
The remaining amount shall be distributed in accordance with the applicable settlement process.
60.5 Cancellation Between Twelve (12) and Twenty-Four (24) Hours Before the
Session
Where cancellation occurs between twelve (12) and twenty-four (24) hours before the scheduled Session:
- Student Refund: 50%
- Consultant Share: 35%
- ConsulTOpen Share: 15%
60.6 Cancellation Less Than Twelve (12) Hours Before the Session
Where cancellation occurs less than twelve (12) hours before the scheduled Session:
- Student Refund: 0%
- Consultant Share: 70%
- ConsulTOpen Share: 30%
60.7 Exceptional Circumstances
Nothing contained in this Section prevents ConsulTOpen from approving an exceptional cancellation where extraordinary circumstances justify such action. Approval of an exceptional cancellation shall not create a precedent or continuing entitlement.
61. Consultant Cancellations
61.1 Consultant Responsibility
Consultants are expected to honour every confirmed booking accepted through the Platform. Repeated cancellations adversely affect Students and Platform reliability.
61.2 Standard Consultant Cancellation
Where a Consultant cancels a confirmed Session for reasons other than an approved emergency:
- Student receives a full refund; or
- Student may choose priority rescheduling where available.
The Consultant shall receive no payment for the cancelled Session.
ConsulTOpen shall retain no commission.
61.3 Cancellation Notice
Consultants should cancel at least four (4) hours before the scheduled Session wherever reasonably possible. Failure to provide reasonable notice may be considered during performance reviews.
61.4 Repeated Consultant Cancellations
Where a Consultant repeatedly cancels confirmed Sessions, ConsulTOpen may:
- issue warnings;
- reduce Platform visibility;
- temporarily suspend bookings;
- suspend the Consultant account;
- permanently remove the Consultant from the Platform.
62. Emergency Cancellations
62.1 Genuine Emergencies
ConsulTOpen recognises that genuine emergencies may occasionally prevent attendance. Examples include:
- serious illness;
- hospitalisation;
- serious accidents;
- bereavement of an immediate family member;
- natural disasters;
- widespread internet outages;
- government restrictions;
- other circumstances accepted by ConsulTOpen.
62.2 Supporting Evidence
ConsulTOpen may request reasonable supporting documentation before recognising an emergency cancellation. Failure to provide requested evidence may result in treatment of the cancellation under the standard cancellation rules.
62.3 Platform Discretion
Acceptance of an emergency cancellation remains entirely at ConsulTOpen’s reasonable discretion based upon the available evidence.
63. Platform Cancellations
ConsulTOpen may cancel any booking where reasonably necessary due to:
- technical failures;
- payment failures;
- consultant verification issues;
- fraud investigations;
- legal requirements;
- security concerns;
- Force Majeure Events;
- operational requirements.
Where appropriate, ConsulTOpen may:
- issue a refund;
- offer priority rescheduling;
- assign an alternative Consultant;
- provide another reasonable remedy.
64. Rescheduling
64.1 Student Rescheduling
Students may reschedule a confirmed Session subject to:
- Consultant availability;
- Platform functionality;
- compliance with applicable deadlines.
A Student may reschedule a particular booking a maximum of two (2) times. A third rescheduling request shall automatically be treated as a cancellation under the applicable cancellation policy.
64.2 Rescheduling Window
Rescheduling shall ordinarily be permitted only within thirty (30) days of the originally scheduled Session. Expired bookings may no longer be rescheduled.
64.3 Consultant Rescheduling
Consultants may reschedule a confirmed Session only where reasonably necessary. Consultants may:
- reschedule a booking once; and
- perform no more than five (5) reschedules during any rolling thirty (30) day period,
unless expressly approved by ConsulTOpen. Student consent shall be obtained before a Consultant-initiated reschedule becomes effective.
64.4 Platform Rescheduling
ConsulTOpen may reschedule Sessions where reasonably necessary due to:
- maintenance;
- infrastructure failures;
- security concerns;
- Consultant verification;
- legal requirements;
- operational necessity.
Where reasonably practicable, affected Users shall receive advance notice.
64.5 Completed Sessions
Completed Sessions, cancelled Sessions and No-Show Sessions cannot subsequently be rescheduled except where expressly approved by ConsulTOpen due to verified technical failure or other exceptional circumstances.
65. Cancellation & Rescheduling Abuse
Users shall not misuse the booking system through repeated:
- cancellations;
- rescheduling;
- fake bookings;
- fraudulent bookings;
- automated booking behaviour;
- booking manipulation.
Where misuse is detected, ConsulTOpen may:
- restrict booking privileges;
- temporarily suspend bookings;
- permanently remove booking access;
- terminate the User Account;
- recover any financial loss caused by such misuse.
66. Refunds
66.1 Governing Policy
All refunds shall be governed by:
- these Terms;
- the Refund Policy;
- the Cancellation & Rescheduling Policy;
- the Missed Session & No-Show Policy;
- any future refund policies published by ConsulTOpen.
66.2 Refund Method
Unless otherwise required by applicable law or the applicable payment processor, approved refunds shall ordinarily be processed to the original payment method used for the transaction. Where this is not reasonably possible, ConsulTOpen may process the refund through another lawful method.
66.3 Refund Processing Time
ConsulTOpen shall initiate approved refunds within a commercially reasonable period. However, Users acknowledge that the actual crediting of funds depends upon:
- banks;
- card issuers;
- UPI providers;
- payment gateways;
- financial institutions.
ConsulTOpen shall not be responsible for delays occurring after a refund has been successfully initiated.
66.4 Verification Prior to Refund
Before approving any refund, ConsulTOpen may verify:
- booking records;
- payment records;
- attendance records;
- Platform logs;
- communication history;
- technical logs;
- Consultant submissions;
- Student submissions;
- any other relevant evidence.
66.5 Exceptional Refunds
Nothing contained in these Terms limits ConsulTOpen’s right to approve an exceptional refund where extraordinary circumstances justify such action. Approval of an exceptional refund shall not constitute a precedent or continuing entitlement.
67. Refund Restrictions
Refunds may be refused where, without limitation:
- Platform policies prohibit a refund;
- fraudulent activity is suspected;
- the User abuses refund processes;
- false information has been provided;
- payment itself was fraudulent;
- the applicable refund period has expired;
- a completed Session has already been substantially delivered.
ConsulTOpen shall exercise reasonable discretion while applying this Section.
68. Consultant Replacement Policy
68.1 Replacement Instead of Cancellation
Where reasonably practicable, ConsulTOpen may, with the Student’s consent, replace an unavailable Consultant with another Consultant possessing substantially similar qualifications, expertise or consultation category. The Student shall remain free to decline the replacement and instead receive the remedy otherwise available under these Terms.
68.2 No Guarantee
ConsulTOpen does not guarantee that a suitable replacement Consultant will always be available. Where no suitable replacement can reasonably be arranged, the applicable cancellation or refund provisions shall apply.
68.3 Pricing
Where a replacement Consultant is assigned:
- the Student shall not be charged an amount higher than the original confirmed
booking price unless the Student expressly agrees otherwise; and
- any reduction in pricing may be refunded or credited at ConsulTOpen’s discretion.
69. Student No-show
69.1 Definition
A Student No-Show occurs where the Student fails to join the Session before its scheduled conclusion without an approved cancellation or rescheduling.
69.2 Consultant Obligation
The Consultant shall remain reasonably available during the booked Session. Platform attendance records shall determine whether reasonable attendance occurred.
69.3 Financial Consequences
Where a Student No-Show is confirmed:
- Student Refund: 0%
- Consultant Share: 70%
- ConsulTOpen Share: 30%
unless another provision of these Terms expressly applies.
69.4 Technical Review
Where the Student alleges that a Platform technical failure prevented attendance, ConsulTOpen may review:
- system logs;
- connection records;
- authentication logs;
- device information;
- other available evidence.
If the claim is verified, the matter shall instead be handled under Section 71 (Technical Failures).
70. Consultant No-show
70.1 Definition
A Consultant No-Show occurs where the Consultant fails to join the Session within twenty (20) minutes of the scheduled start time without prior approval or a recognised emergency.
70.2 Student Remedies
Where a Consultant No-Show is confirmed, the Student may receive:
- a full refund;
- priority rescheduling;
- a replacement Consultant where available; or
- another reasonable remedy determined by ConsulTOpen.
70.3 Consultant Performance
Repeated Consultant No-Shows may result in:
- performance review;
- warnings;
- reduced visibility;
- temporary suspension;
- permanent removal.
71. Technical Failures
71.1 Platform Failures
Where a verified Platform failure materially prevents completion of a Session:
- the Session shall not automatically be treated as a No-Show;
- appropriate remedial action may be taken.
71.2 Investigation
ConsulTOpen may review:
- infrastructure logs;
- cloud service logs;
- application logs;
- network information;
- authentication records;
- technical diagnostics.
Platform records shall ordinarily prevail unless manifest error is demonstrated.
71.3 Available Remedies
Where appropriate, ConsulTOpen may:
- reschedule the Session;
- issue a full refund;
- issue a partial refund;
- provide Platform credit (if introduced in future);
- assign another Consultant;
- provide another commercially reasonable solution.
Selection of the appropriate remedy shall depend upon the circumstances.
72. Appeals
72.1 Right to Appeal
Students and Consultants may request review of decisions relating to:
- refunds;
- cancellations;
- No-Shows;
- settlements;
- technical failures;
- booking disputes.
72.2 Evidence
Appeals should include all reasonably available supporting information. ConsulTOpen may request additional documentation before reaching a decision.
72.3 Final Decision
Following reasonable review, ConsulTOpen shall communicate its decision. Unless otherwise required by applicable law, the decision reached following the internal appeal process shall be final.
73. Dispute Mitigation
Before formal legal proceedings are commenced, ConsulTOpen may attempt to resolve booking-related disputes through:
- internal review;
- technical investigation;
- communication with both parties;
- evidence assessment;
- reasonable settlement proposals.
Participation in this process does not prevent either party from exercising legal rights where applicable.
74. Fraud Investigations Relating to Bookings
Where fraud, abuse or manipulation is reasonably suspected, ConsulTOpen may:
- temporarily suspend bookings;
- pause refunds;
- delay settlements;
- preserve evidence;
- request identity verification;
- communicate with payment processors;
- cooperate with competent authorities where legally required.
Such investigations shall be conducted in good faith and in accordance with applicable law.
75. Records Relating to Bookings
Platform-generated records relating to:
- booking confirmations;
- cancellations;
- rescheduling;
- refunds;
- attendance;
- timestamps;
- communications;
- technical logs;
- payment records;
shall constitute the primary evidence for determining booking-related disputes unless clearly proven inaccurate.
76. Closing Provisions of Part Iv-a
This Part establishes the contractual framework governing cancellations, refunds, no-shows, rescheduling, technical failures and booking disputes. These provisions are intended to protect the legitimate interests of Students, Consultants and ConsulTOpen while ensuring fair, transparent and commercially reasonable operation of the Platform. Where any inconsistency arises between this Part and a more specific Platform Policy governing refunds, cancellations or no-shows, the more specific policy shall prevail only in relation to that specific subject matter unless otherwise required by applicable law.
77. Consultant Settlements
77.1 Settlement Eligibility
Only Consultants who have successfully completed all applicable onboarding, verification and compliance requirements shall be eligible to receive settlements through the Platform. Eligibility requirements may include, without limitation:
- Identity Verification;
- PAN Verification;
- Bank Account Verification;
- Professional Qualification Verification;
- Licence Verification (where applicable);
- Acceptance of the Consultant Agreement;
- Compliance with these Terms and all Platform Policies.
ConsulTOpen reserves the right to introduce additional eligibility requirements from time to time.
77.2 Rolling Settlement Cycle
Consultant earnings shall presently be released on a rolling ten (10) day settlement cycle, calculated from the Consultant’s onboarding date. Illustratively:
- if onboarding occurs on the 5th of a month, settlements shall ordinarily become
available every 10th day thereafter;
- if onboarding occurs on the 18th, the rolling cycle shall continue based upon that
onboarding date. The settlement cycle may be revised by ConsulTOpen upon reasonable notice.
77.3 Settlement Conditions
Settlement shall become payable only after:
- successful completion of the Session;
- expiry of any applicable refund or dispute window;
- verification of payment;
- completion of fraud screening;
- satisfaction of compliance requirements.
No Consultant acquires an immediate right to payment merely because a Session has concluded.
78. Platform Commission
78.1 Revenue Distribution
Unless otherwise specified under a separate written agreement, the current revenue distribution for successfully completed Sessions is:
- Consultant: 70%
- ConsulTOpen: 30%
This distribution applies only after successful completion of the Session and remains subject to these Terms.
78.2 Future Commission Models
ConsulTOpen reserves the right to introduce alternative commercial arrangements including:
- tiered commission structures;
- subscription-based consultant plans;
- enterprise pricing;
- institutional pricing;
- promotional commissions;
- incentive programmes;
- premium consultant programmes;
- negotiated commercial agreements.
Any revised structure shall apply prospectively unless otherwise agreed.
79. Settlement Holds
79.1 Right to Withhold Settlement
ConsulTOpen may temporarily withhold, delay or suspend settlement where reasonably necessary, including where:
- a refund request is pending;
- a chargeback has been initiated;
- fraud is suspected;
- identity verification remains incomplete;
- professional credentials require verification;
- legal proceedings are pending;
- regulatory authorities issue directions;
- payment processor investigations are ongoing;
- technical reconciliation is required.
79.2 Duration
Settlement holds shall continue only for so long as reasonably necessary to complete the relevant investigation or satisfy applicable legal or operational requirements. Where practicable, ConsulTOpen shall endeavour to keep the affected Consultant informed of the status of the hold.
80. Right of Set-off
80.1 General Right
To the fullest extent permitted by applicable law, ConsulTOpen may set off any amount lawfully owed to it against any amount otherwise payable to a Consultant or User. Such amounts may include, without limitation:
- refunds;
- chargebacks;
- duplicate settlements;
- overpayments;
- promotional abuse;
- fraudulent credits;
- accounting adjustments;
- unpaid Platform fees;
- statutory recoveries;
- other lawful financial obligations.
80.2 Future Recoveries
Where the amount owed exceeds the current settlement, ConsulTOpen may recover the remaining balance by:
- deducting future settlements;
- deducting future incentives;
- deducting future commissions;
- lawful recovery proceedings where appropriate.
This right survives account suspension, deletion and termination.
81. Negative Balances
Where adjustments create a negative Consultant balance, ConsulTOpen may:
- recover the outstanding amount from future settlements;
- temporarily suspend withdrawals;
- request direct repayment;
- exercise any other lawful recovery rights.
Negative balances remain payable until fully discharged.
82. Anti-money Laundering (aml) & Financial Compliance
82.1 Compliance
ConsulTOpen is committed to complying with applicable financial laws, anti-money laundering requirements and fraud prevention obligations. Users agree not to use the Platform for:
- money laundering;
- terrorist financing;
- fraudulent transactions;
- proceeds of crime;
- unlawful financial activity.
82.2 Enhanced Due Diligence
Where reasonably necessary, ConsulTOpen may require additional information including:
- identity documentation;
- proof of address;
- source of funds (where legally required);
- additional financial information;
- enhanced verification documentation.
Failure to cooperate may result in suspension of settlements or Platform access.
82.3 Suspicious Activity
Where suspicious financial activity is detected, ConsulTOpen may:
- suspend transactions;
- delay settlements;
- reject payments;
- report suspicious activity to competent authorities where legally required;
- cooperate with financial institutions and regulators.
83. Taxes & Statutory Deductions
83.1 Taxes
Consultants remain solely responsible for:
- income tax;
- GST obligations (where applicable);
- statutory filings;
- financial reporting;
- professional tax obligations.
83.2 Tax Deducted at Source (TDS)
Where required under Indian law, ConsulTOpen may deduct Tax Deducted at Source (TDS) before releasing settlement amounts.
Appropriate tax documentation shall be made available in accordance with applicable law.
83.3 Changes in Tax Law
ConsulTOpen reserves the right to modify settlement calculations where required by changes in taxation or other legal requirements.
84. Financial Audits
To ensure the integrity of the Platform, ConsulTOpen reserves the right to conduct reasonable financial reviews relating to:
- settlement calculations;
- commission distribution;
- suspected fraud;
- promotional abuse;
- payment irregularities;
- regulatory compliance.
Consultants shall reasonably cooperate with such reviews.
85. Payment Records
Platform-generated financial records, including:
- settlement statements;
- invoices;
- receipts;
- payment confirmations;
- tax records;
- refund records;
- transaction identifiers;
- accounting adjustments;
shall constitute the primary evidence of financial transactions unless manifest error is established.
86. Financial Corrections
Where genuine financial errors are identified, including:
- duplicate payments;
- duplicate settlements;
- computational errors;
- accounting errors;
- reconciliation errors;
- software malfunctions;
ConsulTOpen may make reasonable financial corrections. Where a correction materially affects a User or Consultant, ConsulTOpen shall use commercially reasonable efforts to communicate the adjustment.
87. Future Financial Products
Without limiting these Terms, ConsulTOpen may introduce:
- subscription billing;
- recurring payments;
- digital wallets;
- promotional credits;
- institutional invoicing;
- enterprise billing;
- split payments;
- escrow-style payment arrangements (where legally permissible);
- scholarship disbursement services;
- grants;
- insurance integrations;
- financing partnerships;
- international payment systems;
- future financial technologies.
Such services shall automatically become subject to these Terms together with any supplementary policies published by ConsulTOpen.
88. Survival of Financial Obligations
The following obligations shall survive account suspension, deletion or termination:
- outstanding payment obligations;
- settlement adjustments;
- chargeback liabilities;
- tax obligations;
- fraud investigations;
- financial recoveries;
- audit rights;
- indemnification relating to financial misconduct;
- rights of set-off.
Termination of an account shall not extinguish any accrued financial rights or obligations.
89. Closing Provisions of Part Iv
This Part IV establishes the contractual framework governing:
- bookings;
- cancellations;
- rescheduling;
- refunds;
- no-shows;
- technical failures;
- consultant settlements;
- financial compliance;
- commission distribution;
- payment adjustments;
- tax obligations;
- financial disputes.
These provisions are intended to promote fairness, transparency and operational integrity while protecting the legitimate interests of Students, Consultants and ConsulTOpen. Where any inconsistency arises between this Part and a subject-specific financial policy published by ConsulTOpen, the more specific policy shall prevail solely with respect to the financial subject matter it governs, unless otherwise required by applicable law.
PART V – CONSULTANT RESPONSIBILITIES, USER RESPONSIBILITIES & PROFESSIONAL STANDARDS
90. Professional Ethics & Duty of Care
90.1 Fundamental Principle
Every Consultant onboarded onto ConsulTOpen is expected to conduct themselves with honesty, professionalism, integrity, competence and respect. Although Consultants operate as independent professionals, they represent the quality and reputation of the Platform while providing services through ConsulTOpen. Accordingly, every Consultant agrees to exercise reasonable professional skill, judgement and care while providing consultation services.
90.2 Ethical Standards
Consultants shall:
- act honestly;
- act professionally;
- communicate respectfully;
- maintain integrity;
- avoid misleading statements;
- avoid exploitation of Students;
- avoid discrimination;
- respect cultural diversity;
- comply with applicable laws;
- comply with recognised professional standards applicable to their profession.
90.3 Student Welfare
Consultants shall place the welfare, dignity and educational interests of Students at the centre of every consultation. Consultants shall not knowingly encourage conduct that may reasonably expose a Student to unnecessary educational, emotional or professional harm. Nothing in this clause creates a guarantee of educational or psychological outcomes.
90.4 Professional Boundaries
Consultants shall maintain appropriate professional boundaries throughout every interaction. Without limitation, Consultants shall not:
- initiate romantic relationships with Students;
- request inappropriate photographs;
- request unnecessary personal information;
- exploit emotionally vulnerable Students;
- pressure Students into purchasing external services;
- manipulate Students for financial benefit.
90.5 Conflicts of Interest
Consultants shall avoid actual or reasonably foreseeable conflicts of interest wherever practicable. Where a material conflict exists that may reasonably affect impartial professional judgement, the Consultant should disclose the conflict to ConsulTOpen and decline or discontinue the Session where appropriate.
90.6 Compliance with Professional Standards
Where a Consultant belongs to a profession governed by statutory or professional regulatory requirements, the Consultant remains solely responsible for complying with those obligations. ConsulTOpen does not supervise professional practice but may remove Consultants who fail to maintain required standards.
91. Consultant Relationship
91.1 Independent Professional Status
Consultants provide services as independent professionals. Nothing contained within these Terms shall create:
- employment;
- partnership;
- agency;
- joint venture;
- franchise;
- fiduciary relationship;
- employer-employee relationship.
91.2 No Employment Benefits
Consultants acknowledge that they are not employees of ConsulTOpen. Accordingly, Consultants shall not be entitled to:
- salary;
- provident fund;
- gratuity;
- leave benefits;
- insurance;
- bonuses;
- employee reimbursements;
- statutory employment protections applicable to employees,
unless separately agreed in writing.
91.3 Professional Independence
Consultants retain complete independence regarding:
- professional methodology;
- educational approach;
- counselling techniques;
- communication style;
- recommendations;
- professional opinions.
Nothing in these Terms authorises ConsulTOpen to dictate professional judgement.
92. Consultant Obligations
Every Consultant agrees to:
- maintain truthful profile information;
- maintain valid qualifications;
- maintain required licences;
- remain professionally competent;
- comply with applicable law;
- respect Student confidentiality;
- cooperate with Platform investigations;
- comply with Platform Policies;
- provide consultations personally unless otherwise authorised.
92.1 Duty to Update Information
Consultants shall promptly notify ConsulTOpen regarding:
- licence suspension;
- licence expiry;
- qualification changes;
- criminal proceedings materially affecting professional suitability;
- disciplinary proceedings;
- change of legal name;
- banking changes;
- changes affecting settlement eligibility.
92.2 Continuous Eligibility
Continued onboarding is conditional upon continued satisfaction of Platform requirements. Failure to maintain eligibility may result in suspension or permanent removal.
93. Professional Qualifications
93.1 Warranties
Consultants represent and warrant that:
- all qualifications submitted are genuine;
- all certificates are authentic;
- all licences remain valid;
- all professional claims are accurate;
- no material information has been intentionally omitted.
93.2 Verification
ConsulTOpen may verify qualifications:
- before onboarding;
- after onboarding;
- periodically;
- following complaints;
- following regulatory changes;
- whenever reasonably necessary.
93.3 False Credentials
Submission of forged, misleading or materially inaccurate qualifications constitutes material breach of these Terms. ConsulTOpen may immediately:
- suspend the Consultant;
- terminate onboarding;
- withhold settlements where legally permissible;
- report fraudulent documentation to competent authorities where required by law.
94. Consultant Audits
94.1 Audit Rights
To maintain Platform quality, ConsulTOpen may conduct reasonable audits relating to:
- qualifications;
- licences;
- onboarding documents;
- settlements;
- consultation records;
- complaints;
- policy compliance.
94.2 Cooperation
Consultants shall reasonably cooperate with audit requests. Failure to cooperate without reasonable justification may constitute grounds for suspension.
95. Consultant Pricing
95.1 Pricing Freedom
Consultants may determine their own consultation fees subject to Platform rules.
95.2 Student Pricing
Student pricing shall not exceed the maximum amount prescribed by ConsulTOpen, presently ₹1,500 per consultation, unless revised by the Platform.
95.3 Working Professional Pricing
Consultants may independently determine pricing applicable to Working Professionals.
95.4 Future Pricing
ConsulTOpen reserves the right to introduce:
- subscription pricing;
- bundled pricing;
- institutional pricing;
- promotional pricing;
- enterprise pricing;
- premium consultant programmes;
- dynamic pricing mechanisms.
96. Consultant Performance
ConsulTOpen may monitor Consultant performance using reasonable operational metrics including:
- attendance;
- punctuality;
- cancellation frequency;
- rescheduling frequency;
- Student feedback;
- verified complaints;
- policy compliance;
- professionalism;
- technical reliability.
Performance monitoring is intended to maintain Platform quality and shall not be interpreted as creating an employment relationship.
97. Duty to Report Misconduct
Consultants shall promptly report to ConsulTOpen any reasonably suspected:
- child abuse;
- exploitation;
- identity fraud;
- financial fraud;
- platform abuse;
- security incidents;
- serious policy violations;
- unlawful conduct encountered through the Platform.
Reports should be made in good faith through authorised reporting channels. Knowingly false reports may themselves constitute a violation of these Terms.
98. Closing Provisions of Part V-a
The provisions contained in this Part establish the professional standards expected of every Consultant using the Platform. Compliance with these standards is a continuing condition of onboarding. Failure to comply may result in warnings, suspension, removal from the Platform or any other enforcement action permitted under these Terms.
99. Student Responsibilities
99.1 General Responsibilities
Every Student agrees to use the Platform responsibly, honestly and in accordance with these Terms. Students shall:
- provide accurate information;
- maintain updated account information;
- respect Consultants;
- respect other Users;
- comply with applicable laws;
- comply with Platform Policies;
- act in good faith during all Platform interactions.
99.2 Participation
Students are expected to:
- join Sessions on time;
- communicate respectfully;
- cooperate during consultations;
- provide truthful information relevant to the consultation;
- avoid disruptive behaviour.
Students acknowledge that the quality of a consultation depends partly upon their own participation.
99.3 Responsibility for Decisions
Students remain solely responsible for decisions taken based upon:
- consultation sessions;
- AI recommendations;
- educational guidance;
- career guidance;
- mental wellness discussions.
Consultants and ConsulTOpen provide guidance only. Final decisions remain with the Student or, where applicable, the Student’s Parent or Guardian.
100. Code of Conduct
100.1 Community First Principle
ConsulTOpen is committed to maintaining a safe, respectful, inclusive and trustworthy environment. Every User contributes to the integrity of the Platform. Accordingly, Users shall avoid conduct that may reasonably:
- endanger another User;
- undermine trust in the Platform;
- interfere with consultations;
- damage Platform integrity;
- negatively affect the learning or wellbeing of others.
This principle shall guide interpretation of the behavioural standards contained throughout these Terms.
100.2 Respectful Behaviour
Users shall communicate respectfully at all times. Without limitation, Users shall refrain from:
- abusive language;
- insulting language;
- threatening behaviour;
- intimidation;
- bullying;
- harassment;
- humiliation;
- discriminatory remarks;
- deliberate disruption of consultations.
100.3 Professional Environment
Users shall contribute to maintaining a professional environment suitable for educational and mental wellness consultations. Repeated disruptive behaviour may result in enforcement action.
101. Anti-harassment Policy
Harassment of any kind is strictly prohibited. Prohibited conduct includes, without limitation:
- verbal abuse;
- repeated unwanted communication;
- stalking;
- intimidation;
- coercion;
- blackmail;
- threats;
- sexual harassment;
- persistent unwanted advances;
- inappropriate personal remarks;
- abusive digital behaviour.
ConsulTOpen may immediately suspend or permanently terminate any User engaging in harassment.
102. Anti-discrimination Policy
Users shall not discriminate against another User on the basis of, or in relation to, any characteristic protected under applicable law. Without limitation, prohibited conduct includes discriminatory treatment, abusive remarks or exclusion based on protected characteristics. ConsulTOpen supports equal access to its Platform and Services.
103. Confidentiality Between Users
Students and Consultants shall respect the confidentiality of information shared during consultation Sessions. Users shall not disclose confidential information obtained through the Platform except:
- with the consent of the person concerned;
- where required by applicable law;
- where necessary to prevent imminent harm;
- where otherwise permitted by these Terms.
Nothing in this Section limits ConsulTOpen’s own rights regarding information processed in accordance with these Terms and the Privacy Policy.
104. Prohibited Activities
Without limitation, Users shall not:
- create fake accounts;
- impersonate another person;
- use another person’s account;
- submit forged documents;
- submit forged qualifications;
- manipulate Consultant rankings;
- manipulate Student ratings;
- manipulate Platform algorithms;
- manipulate AI systems;
- scrape Platform data;
- reverse engineer Platform software;
- distribute malware;
- upload malicious code;
- perform phishing;
- perform credential theft;
- conduct social engineering attacks;
- distribute spam;
- transmit viruses;
- bypass Platform security;
- interfere with Platform infrastructure;
- misuse promotional campaigns;
- abuse referral programmes;
- engage in referral fraud;
- engage in review manipulation;
- artificially generate bookings;
- artificially inflate ratings;
- use bots or automated scripts without authorisation;
- circumvent Platform fees;
- conduct illegal activity through the Platform.
The above list is illustrative and not exhaustive.
105. Academic & Professional Integrity
Users shall not use the Platform to:
- facilitate academic dishonesty;
- engage in plagiarism;
- impersonate another student;
- submit another person’s work as their own;
- encourage unethical educational conduct;
- obtain fraudulent qualifications.
Consultants shall likewise refrain from assisting in any conduct that they reasonably know to be dishonest or unlawful.
106. Platform Safety
Users shall not engage in conduct that may compromise Platform safety, including:
- attempting unauthorised access;
- probing Platform vulnerabilities;
- testing security without permission;
- interfering with Platform availability;
- disrupting network operations;
- introducing malicious software;
- interfering with AI systems.
Security testing may only be performed with prior written authorisation from ConsulTOpen.
107. Reviews & Ratings
Students may provide reviews regarding completed consultation Sessions. Reviews shall:
- be honest;
- relate to genuine experiences;
- avoid abusive language;
- avoid false allegations;
- avoid confidential information.
Consultants shall not:
- solicit fake reviews;
- purchase reviews;
- offer incentives for favourable reviews;
- retaliate against Students for reviews.
ConsulTOpen may moderate, remove or decline to publish reviews that violate these Terms.
108. Reporting Violations
Users are encouraged to report suspected violations through official ConsulTOpen reporting channels. Reports should be made honestly and in good faith. Knowingly false, malicious or retaliatory reports may themselves constitute a violation of these Terms.
109. Community Moderation
To maintain Platform quality, ConsulTOpen may:
- review reports;
- investigate complaints;
- review communications where permitted by law;
- analyse Platform activity;
- moderate User-generated content;
- remove inappropriate content;
- restrict User interactions;
- apply enforcement measures.
Moderation decisions shall be made in good faith, taking into account Platform safety, fairness and applicable law.
110. Community Standards
Every User is expected to contribute to a positive educational environment. ConsulTOpen encourages:
- respectful dialogue;
- constructive feedback;
- professional communication;
- inclusive participation;
- responsible use of AI tools;
- ethical educational practices.
Repeated conduct inconsistent with these Community Standards may result in warnings, restrictions or permanent removal from the Platform.
111. Closing Provisions of Part V-b
The provisions contained in this Part apply to every User of the Platform, including Students, Consultants, institutional users and any future categories of Users. These standards are intended to promote a safe, respectful and trustworthy community while protecting the legitimate interests of Users and ConsulTOpen. Where behaviour is not expressly addressed by a specific clause, ConsulTOpen may nevertheless take reasonable action where such behaviour materially threatens Platform safety, integrity or the rights of other Users, provided such action is consistent with applicable law and these Terms.
112. Enforcement Framework
112.1 General Authority
To maintain the safety, integrity, reliability and reputation of the Platform, ConsulTOpen reserves the right to investigate, monitor and take appropriate enforcement action against any User whose conduct may reasonably violate these Terms, applicable law or any Platform Policy. Enforcement actions shall be exercised in good faith and in a manner reasonably proportionate to the nature and seriousness of the conduct involved.
112.2 Graduated Enforcement
Depending upon the circumstances, ConsulTOpen may take one or more of the following actions:
- issue educational guidance;
- issue warnings;
- require corrective action;
- restrict specific Platform features;
- suspend messaging;
- suspend bookings;
- suspend withdrawals;
- reduce Consultant visibility;
- temporarily suspend the User Account;
- permanently terminate the User Account;
- remove Platform Content;
- report unlawful conduct to competent authorities where legally required.
Nothing in this Section requires ConsulTOpen to follow every step in sequence.
112.3 Immediate Action
Where immediate intervention is reasonably necessary to protect Users, the Platform or comply with law, ConsulTOpen may bypass intermediate enforcement measures and proceed directly to suspension or termination.
113. Fraud & Platform Integrity
113.1 Zero Tolerance for Fraud
ConsulTOpen adopts a zero-tolerance approach towards fraudulent or dishonest conduct. Fraud includes any intentional act designed to obtain an unfair advantage, cause financial loss, mislead another User or undermine the integrity of the Platform.
113.2 Illustrative Examples
Without limitation, fraudulent conduct includes:
- fake bookings;
- fake consultations;
- identity fraud;
- forged documents;
- forged professional qualifications;
- payment fraud;
- chargeback abuse;
- coupon fraud;
- referral fraud;
- settlement manipulation;
- review manipulation;
- rating manipulation;
- account farming;
- multiple account creation to obtain benefits;
- impersonation;
- false emergency claims;
- falsified technical failure claims;
- collusion between Users to exploit Platform policies.
113.3 Consequences
Where fraud is reasonably established, ConsulTOpen may:
- cancel affected transactions;
- reverse promotional benefits;
- recover financial losses;
- suspend settlements;
- permanently terminate Platform access;
- preserve evidence;
- cooperate with financial institutions;
- cooperate with law enforcement where legally required.
These remedies are cumulative and do not limit any other legal rights available to ConsulTOpen.
114. Platform Investigations
114.1 Investigation Powers
Where a complaint, report or suspected violation arises, ConsulTOpen may conduct a reasonable investigation. Investigations may include review of:
- account information;
- booking history;
- payment records;
- session metadata;
- AI-generated transcripts (where lawfully created);
- audio recordings (where recorded with required consent);
- communications conducted through authorised Platform features;
- uploaded files;
- system logs;
- security logs;
- device information;
- other relevant Platform records.
Investigations shall be carried out in accordance with applicable law and the Privacy Policy.
114.2 User Cooperation
Users agree to reasonably cooperate with investigations, including by providing relevant information or documentation where requested. Unreasonable refusal to cooperate may be considered when determining the outcome of an investigation.
114.3 Confidentiality of Investigations
To preserve fairness and Platform security, ConsulTOpen may keep investigation methods, evidence and internal deliberations confidential except where disclosure is required by law.
115. Content Moderation & Removal
115.1 Removal Rights
ConsulTOpen may remove, restrict, disable or refuse access to any User Content that it reasonably believes:
- violates these Terms;
- violates Platform Policies;
- infringes intellectual property rights;
- is unlawful;
- is misleading;
- is abusive;
- threatens User safety;
- compromises Platform security.
Removal may occur without prior notice where reasonably necessary.
115.2 Temporary Restriction
Pending investigation, ConsulTOpen may temporarily restrict access to disputed content without determining that a violation has occurred. Such temporary action does not constitute a finding of wrongdoing.
115.3 Preservation of Evidence
Where appropriate, removed content may be retained for:
- dispute resolution;
- legal proceedings;
- regulatory compliance;
- fraud investigations;
- audit purposes.
Retention shall occur only for as long as reasonably necessary or legally required.
116. Account Restrictions
Without terminating an account, ConsulTOpen may restrict access to one or more Platform features, including:
- bookings;
- messaging;
- AI services;
- file sharing;
- reviews;
- consultant visibility;
- withdrawals;
- promotional programmes;
- referral programmes;
- future premium features.
Restrictions may remain in place until the relevant concern has been resolved.
117. Reporting to Authorities
Where required or permitted by applicable law, ConsulTOpen may report information relating to suspected unlawful conduct to:
- law enforcement agencies;
- courts;
- regulatory authorities;
- financial institutions;
- payment processors;
- cybersecurity agencies;
- child protection authorities;
- other competent governmental bodies.
Such cooperation shall be undertaken in accordance with applicable legal requirements.
118. Vulnerability Disclosure
ConsulTOpen supports responsible security research. Users who identify a genuine security vulnerability are encouraged to report it promptly through authorised channels. Users shall not:
- publicly disclose vulnerabilities before reasonable remediation;
- exploit vulnerabilities;
- access data beyond what is reasonably necessary to demonstrate the issue;
- interfere with Platform operations.
ConsulTOpen may, at its discretion, acknowledge or reward responsible disclosures, but is under no obligation to do so.
119. Whistleblower Protection
Users who report suspected misconduct, fraud or serious policy violations in good faith shall not be subjected to adverse enforcement solely because they made such a report. This protection does not extend to knowingly false, malicious or retaliatory reports.
120. No Waiver of Rights
Failure by ConsulTOpen to investigate or enforce any provision immediately shall not:
- constitute acceptance of the conduct;
- limit future enforcement;
- create any expectation that similar conduct will be permitted;
- waive any legal or contractual right.
Every enforcement decision shall be based upon the specific facts and circumstances of the individual case.
121. Closing Provisions of Part V
This Part V establishes the behavioural, ethical and enforcement framework governing all Users of the Platform. These provisions are intended to:
- maintain Platform safety;
- preserve trust between Users;
- uphold professional standards;
- protect Students;
- support Consultants acting in good faith;
- safeguard the reputation and integrity of ConsulTOpen.
Nothing in this Part limits any additional rights or remedies available to ConsulTOpen under these Terms, other Platform Policies or applicable law.
PART VI – PRIVACY, DATA PROTECTION & INTELLECTUAL PROPERTY
122. Privacy by Design & Data Protection Principles
122.1 Commitment to Privacy
ConsulTOpen recognises that privacy and responsible handling of personal data are fundamental to maintaining the trust of Students, Consultants and all other Users. Accordingly, ConsulTOpen is committed to designing, operating and continuously improving the Platform in a manner that promotes responsible data governance, lawful processing and appropriate security safeguards.
122.2 Privacy by Design
ConsulTOpen endeavours to incorporate privacy considerations into the design, development and operation of the Platform. Without limitation, this includes:
- considering privacy during product development;
- limiting unnecessary collection of personal data;
- implementing appropriate technical safeguards;
- implementing organisational safeguards;
- regularly reviewing privacy practices;
- continuously improving security controls.
122.3 Privacy by Default
Where reasonably practicable, Platform features shall be configured so that only personal data reasonably necessary for the intended purpose is processed. Users may be provided with privacy controls where appropriate and technically feasible.
122.4 Data Protection Principles
ConsulTOpen seeks to process personal data in accordance with principles including:
- lawfulness;
- fairness;
- transparency;
- purpose limitation;
- data minimisation;
- accuracy;
- storage limitation;
- integrity;
- confidentiality;
- accountability.
These principles shall guide interpretation of this Part together with the Privacy Policy.
122.5 Compliance with Applicable Law
ConsulTOpen intends to process personal data in accordance with applicable laws, including the Digital Personal Data Protection Act, 2023 (“DPDP Act”), together with any amendments, subordinate legislation or successor enactments. Where legal obligations change, ConsulTOpen may modify its privacy practices and policies accordingly.
123. Personal Data Collection
123.1 Information Collected
ConsulTOpen may collect information voluntarily provided by Users or generated through their use of the Platform. Depending upon the nature of the Services, such information may include:
- Full Name;
- Mobile Number;
- Email Address;
- Date of Birth;
- Educational Institution;
- Current Class or Programme;
- Academic Interests;
- Career Aspirations;
- Favourite Subjects;
- Location Information;
- Profile Information;
- Account Credentials;
- Device Information;
- Usage Information;
- Payment Information (processed through authorised payment providers);
- Consultation Information;
- Uploaded Files;
- Audio Recordings (where both participants have consented);
- AI-generated Transcripts;
- AI-generated Session Summaries;
- Mood Logs;
- Wellness Inputs;
- Communications conducted through authorised Platform features;
- Other information reasonably necessary for providing Platform Services.
123.2 Mandatory and Optional Information
Certain information may be mandatory to create an account or access particular Services. Other information may be optional and provided voluntarily by the User. Failure to provide mandatory information may prevent access to some Platform features.
124. Purposes of Processing
Personal data may be processed for purposes including:
- creating and managing User Accounts;
- verifying identity;
- onboarding Consultants;
- booking consultation Sessions;
- processing payments;
- generating invoices;
- providing customer support;
- facilitating communications;
- generating AI transcripts;
- generating AI session summaries;
- personalising educational recommendations;
- improving AI systems;
- improving Platform functionality;
- detecting fraud;
- ensuring Platform security;
- resolving disputes;
- complying with legal obligations;
- conducting internal analytics;
- carrying out quality assurance;
- enforcing these Terms;
- developing future Platform features.
Processing shall be limited to purposes that are reasonably connected with the operation of the Platform or otherwise authorised by applicable law.
125. Consent
125.1 User Consent
Where consent is required under applicable law, ConsulTOpen shall seek such consent through appropriate electronic mechanisms before processing personal data. By using the Platform and accepting these Terms, Users acknowledge and agree to the processing of their personal data as described in these Terms and the Privacy Policy, subject to any consent requirements imposed by applicable law.
125.2 Withdrawal of Consent
Where processing is based upon consent, Users may withdraw such consent in accordance with applicable law. Withdrawal of consent shall not affect processing lawfully undertaken before such withdrawal. Withdrawal may also affect the availability of certain Platform features where processing is necessary to provide those Services.
125.3 Consent for Audio Recording
Audio recordings of consultation Sessions shall only be created after obtaining the express consent of both the Student and the Consultant. If either participant declines consent:
- no audio recording shall be made;
- the consultation may still proceed, subject to Platform functionality.
126. Special Categories of Information
Certain Platform features may involve the collection of information relating to:
- emotional wellbeing;
- mood logs;
- educational aspirations;
- consultation discussions;
- AI interactions.
Such information is collected solely for legitimate Platform purposes, including improving consultation quality, generating AI-assisted insights and enhancing User experience. ConsulTOpen shall not intentionally process such information beyond what is reasonably necessary for those purposes. Nothing in this Section authorises processing that would otherwise be prohibited under applicable law.
127. Minor Users
127.1 Parental Consent
Users below eighteen (18) years of age may use the Platform only after valid consent has been provided by a Parent or lawful Guardian, where required under applicable law.
127.2 Best Interests of the Child
ConsulTOpen endeavours to operate the Platform in a manner that supports the educational and wellbeing interests of Minor Users. Parents remain responsible for supervising the Minor’s use of the Platform where appropriate.
127.3 Additional Safeguards
ConsulTOpen may introduce additional safeguards for Minor Users, including:
- enhanced privacy controls;
- additional consent mechanisms;
- restricted functionality;
- age-appropriate features;
- parental management tools.
128. Data Accuracy
Users remain responsible for ensuring that information provided to ConsulTOpen is accurate, complete and up to date. ConsulTOpen may request correction, verification or updating of information where inaccuracies are identified. Reasonable efforts shall be made to maintain accurate records, but Users share responsibility for promptly notifying ConsulTOpen of changes.
129. Closing Provisions of Part Vi-a
This Part establishes the fundamental contractual principles governing privacy, data collection, consent and responsible processing of personal information on the Platform. It shall be read together with the ConsulTOpen Privacy Policy, which provides more detailed operational information regarding data processing, User rights, retention periods, security measures and other privacy practices. Where any inconsistency arises between this Part and the Privacy Policy, the more specific privacy provision shall prevail in relation to the relevant data processing activity, unless otherwise required by applicable law.
130. Data Storage & Retention
130.1 Storage of Personal Data
ConsulTOpen may store personal data using secure cloud infrastructure, data centres or other authorised storage systems selected by ConsulTOpen or its service providers. Storage locations may change from time to time as the Platform evolves, provided such processing complies with applicable law.
130.2 Retention Period
Personal data shall not be retained indefinitely. ConsulTOpen shall retain personal data only for as long as reasonably necessary for:
- providing Platform Services;
- maintaining User Accounts;
- complying with legal obligations;
- resolving disputes;
- fraud prevention;
- financial accounting;
- taxation;
- regulatory compliance;
- enforcement of these Terms.
130.3 Current Retention Policy
Unless a longer period is required by law or reasonably necessary for the purposes stated above:
- certain operational data may presently be retained for 90 days;
- financial, tax and statutory records may be retained for longer periods as required
by law;
- investigation records may be retained until the relevant matter has been resolved.
ConsulTOpen reserves the right to revise retention periods through its Privacy Policy.
130.4 Secure Deletion
Where personal data is no longer required, ConsulTOpen shall use commercially reasonable measures to securely delete, anonymise or otherwise dispose of such information in accordance with applicable law.
131. Data Security
131.1 Security Commitment
ConsulTOpen implements commercially reasonable technical, organisational and administrative safeguards designed to protect personal data against:
- unauthorised access;
- unauthorised disclosure;
- accidental loss;
- destruction;
- alteration;
- misuse;
- unlawful processing.
131.2 Security Measures
Security measures may include, without limitation:
- encryption;
- secure authentication;
- access controls;
- audit logging;
- monitoring systems;
- firewall protection;
- malware detection;
- intrusion detection;
- regular software updates;
- vulnerability management;
- employee access controls.
Security measures may evolve as technology and threats develop.
While ConsulTOpen employs reasonable safeguards, Users acknowledge that no internet-based system can guarantee absolute security. Accordingly, ConsulTOpen does not warrant that the Platform will always be immune from cyberattacks, unauthorised access or security incidents despite reasonable precautions.
132. Cookies & Similar Technologies
132.1 Use of Cookies
ConsulTOpen may use cookies, local storage, device identifiers and similar technologies to:
- authenticate Users;
- maintain login sessions;
- improve Platform performance;
- remember User preferences;
- analyse Platform usage;
- enhance security;
- improve User experience.
132.2 Cookie Controls
Where reasonably practicable, Users may manage certain cookie preferences through browser settings or Platform controls. Disabling cookies may affect Platform functionality.
132.3 Future Technologies
ConsulTOpen may introduce additional tracking technologies provided such use complies with applicable law.
133. Analytics & Platform Improvement
To improve the Platform, ConsulTOpen may analyse information relating to:
- Platform usage;
- feature adoption;
- booking behaviour;
- navigation patterns;
- system performance;
- AI usage;
- error reports;
- security events.
Analytics may be conducted internally or through authorised third-party service providers. Reasonable efforts shall be made to minimise the use of personally identifiable information where not required.
134. Anonymised & Aggregated Data
134.1 Anonymisation
ConsulTOpen may anonymise or de-identify personal data so that it no longer identifies an individual. Information that has been genuinely anonymised may cease to constitute personal data under applicable law.
ConsulTOpen may generate aggregated statistical information relating to:
- Platform usage;
- educational trends;
- booking trends;
- AI performance;
- service quality;
- operational metrics.
Such aggregated information shall not intentionally identify individual Users.
134.3 Business Use
Subject to applicable law, anonymised and aggregated information may be used for:
- research;
- product improvement;
- artificial intelligence development;
- analytics;
- benchmarking;
- investor reporting;
- business planning;
- academic collaborations;
- publication of statistical insights.
No individual User shall be identified through such use.
135. Third-party Service Providers
135.1 Authorised Processors
ConsulTOpen may engage carefully selected third-party service providers to support Platform operations. These providers may include:
- cloud hosting providers;
- payment gateways;
- AI providers;
- communication providers;
- analytics providers;
- cybersecurity providers;
- customer support tools;
- infrastructure providers;
- verification providers.
135.2 Processing Obligations
Where third-party providers process personal data on behalf of ConsulTOpen, ConsulTOpen shall seek to ensure that appropriate contractual obligations requiring confidentiality, security and lawful processing are in place.
135.3 Third-Party Terms
Certain third-party services remain governed by their own privacy policies and terms of service. Users acknowledge that ConsulTOpen cannot control the independent practices of such third parties.
136. User Rights
Subject to applicable law, Users may possess rights relating to their personal data, including the right to:
- access personal data;
- request correction of inaccurate information;
- request updating of information;
- request deletion where legally permissible;
- withdraw consent where processing is based on consent;
- raise grievances;
- exercise any additional rights provided under applicable law.
Exercise of these rights may be subject to verification and reasonable procedural requirements.
137. Data Breaches & Security Incidents
137.1 Incident Response
Where ConsulTOpen becomes aware of a personal data breach or significant security incident affecting the Platform, it shall take commercially reasonable steps to:
- investigate the incident;
- contain the incident;
- mitigate potential harm;
- restore Platform security;
- comply with applicable legal obligations.
137.2 Notification
Where notification is required under applicable law, ConsulTOpen shall notify affected Users and/or competent authorities within the timeframes prescribed by law.
137.3 Cooperation
Users agree to reasonably cooperate where their assistance is necessary to investigate or mitigate a security incident affecting their account.
138. International Processing
At the Effective Date, ConsulTOpen primarily operates within India.
However, as the Platform grows, certain processing activities or service providers may involve data processing outside India where permitted under applicable law. ConsulTOpen shall endeavour to ensure that such processing is carried out in accordance with applicable legal requirements and appropriate contractual safeguards.
139. Closing Provisions of Part Vi-b
The provisions contained in this Part establish the contractual framework governing:
- data storage;
- retention;
- security;
- cookies;
- analytics;
- anonymised information;
- third-party processors;
- User privacy rights;
- security incidents;
- future international processing.
These provisions shall be interpreted consistently with the Privacy Policy and applicable data protection legislation. ——140. ARTIFICIAL INTELLIGENCE GOVERNANCE
140.1 AI Philosophy
ConsulTOpen incorporates Artificial Intelligence (“AI”) technologies to improve educational guidance, operational efficiency, user experience and platform functionality. AI is intended to assist, support and enhance human decision-making and shall not be interpreted as replacing qualified human judgement.
140.2 Human Oversight
Every AI feature provided through the Platform remains subject to human oversight wherever reasonably appropriate.
Accordingly:
- Consultants remain solely responsible for their professional advice;
- AI does not replace independent human judgement;
- AI recommendations should be reviewed in context;
- Users should exercise independent judgement before acting upon AI-generated
outputs.
140.3 No Professional Advice by AI
Unless expressly stated otherwise, AI-generated responses shall not constitute:
- psychological diagnosis;
- medical advice;
- legal advice;
- financial advice;
- educational certification;
- guaranteed career guidance;
- professional counselling.
AI outputs are informational and assistive in nature.
140.4 AI Limitations
Users acknowledge that AI systems may:
- generate inaccurate information;
- misunderstand context;
- produce incomplete responses;
- rely upon imperfect datasets;
- produce inconsistent outputs;
- occasionally fail.
Accordingly, Users agree not to rely exclusively upon AI-generated content when making significant educational, career or mental wellness decisions.
140.5 Continuous Improvement
ConsulTOpen reserves the unrestricted right to:
- retrain AI models;
- replace AI providers;
- improve algorithms;
- modify prompts;
- discontinue AI features;
- introduce new AI technologies;
- introduce automated moderation tools;
- improve AI safety mechanisms.
Such changes shall not require amendment of these Terms provided they remain consistent with applicable law.
140.6 Responsible AI
ConsulTOpen seeks to develop and deploy AI responsibly. Reasonable efforts may be undertaken to:
- improve accuracy;
- reduce harmful outputs;
- improve fairness;
- improve safety;
- improve reliability;
- reduce misuse.
Nothing contained herein guarantees that AI systems will always perform perfectly.
141. Intellectual Property
141.1 Ownership
Except for User Content, all intellectual property rights in and relating to the Platform are and shall remain the exclusive property of ConsulTOpen or its licensors. Such rights include, without limitation:
- copyrights;
- trademarks;
- trade names;
- logos;
- software;
- source code;
- object code;
- databases;
- documentation;
- graphics;
- designs;
- user interfaces;
- workflows;
- AI systems;
- algorithms;
- domain names;
- business methods;
- proprietary technologies.
141.2 No Transfer of Ownership
Nothing contained in these Terms transfers ownership of any intellectual property to a User. Users receive only the limited licence expressly granted under these Terms.
142. Limited Licence
Subject to continuous compliance with these Terms, ConsulTOpen grants each User a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform solely for its intended purposes. The licence automatically terminates upon suspension or termination of the User Account.
143. User Content
143.1 Ownership
Users retain ownership of intellectual property rights in content uploaded by them to the Platform. Ownership remains with the original creator unless otherwise agreed in writing.
143.2 Licence to ConsulTOpen
By uploading content to the Platform, the User grants ConsulTOpen a worldwide, non-exclusive, royalty-free, revocable (subject to operational and legal requirements), licence to:
- host;
- store;
- reproduce;
- process;
- transmit;
- display;
- adapt (only where technically necessary);
- analyse;
- moderate;
- secure;
- use such content
solely for operating, maintaining, improving and securing the Platform, complying with legal obligations, resolving disputes and providing Platform Services.
This licence shall not authorise ConsulTOpen to commercially exploit User Content outside the operation of the Platform without additional permission, unless otherwise permitted by applicable law.
143.3 User Warranties
Every User represents and warrants that:
- they own the uploaded content or possess all necessary rights;
- the content does not infringe third-party rights;
- the content is lawful;
- the content complies with these Terms.
Users remain solely responsible for their uploaded content.
144. Copyright Protection
Users shall not upload, distribute or transmit content that infringes copyrights or other intellectual property rights belonging to another person. Where ConsulTOpen reasonably believes that content infringes intellectual property rights, it may:
- remove the content;
- restrict access;
- suspend the account;
- terminate repeat infringers;
- cooperate with lawful requests from rights holders.
145. Trademarks
The name ConsulTOpen, together with associated logos, branding, designs, trade dress and other distinctive identifiers, constitute valuable intellectual property of ConsulTOpen. Users shall not:
- copy;
- imitate;
- register;
- misuse;
- dilute;
- falsely associate with;
- commercially exploit
such intellectual property without prior written permission.
146. Software Restrictions
Users shall not:
- copy Platform software;
- reverse engineer;
- decompile;
- disassemble;
- modify;
- create derivative works;
- circumvent technological protections;
- attempt unauthorised access to source code.
Where applicable law expressly permits certain activities notwithstanding contractual restrictions, nothing in this Section shall limit those statutory rights.
147. Feedback
Users may voluntarily provide suggestions, comments, recommendations or ideas relating to the Platform. Unless otherwise agreed in writing, all feedback may be used by ConsulTOpen without restriction and without any obligation to provide compensation. Nothing in this Section transfers ownership of unrelated intellectual property belonging to the User.
148. Copyright Complaints
Any person who believes that content available through the Platform infringes their intellectual property rights may submit a complaint to ConsulTOpen containing reasonable information necessary to identify:
- the allegedly infringed work;
- the allegedly infringing material;
- the complainant;
- contact information;
- the basis of the complaint.
ConsulTOpen may investigate such complaints in good faith and take reasonable action where appropriate.
149. Repeat Infringer Policy
ConsulTOpen reserves the right to suspend or permanently terminate Users who repeatedly infringe the intellectual property rights of others. Repeated infringement may also result in removal of uploaded content and restriction of future uploads.
150. Business Continuity & Platform Evolution
Users acknowledge that the intellectual property comprising the Platform may evolve continuously. ConsulTOpen may:
- redesign the Platform;
- replace technologies;
- migrate infrastructure;
- acquire additional intellectual property;
- license third-party technologies;
- transfer intellectual property within affiliated entities;
- develop future AI systems;
- launch additional software products.
Nothing contained in these Terms limits such evolution.
151. Survival of Intellectual Property Rights
The following provisions survive suspension, deletion or termination of a User Account:
- intellectual property ownership;
- licence rights necessary for lawful operation;
- confidentiality obligations;
- copyright enforcement;
- trademark protection;
- dispute resolution relating to intellectual property;
- accrued legal rights and remedies.
152. Closing Provisions of Part Vi
This Part VI establishes the contractual framework governing:
- privacy;
- personal data;
- AI governance;
- intellectual property;
- user-generated content;
- copyright;
- trademarks;
- software licensing;
- platform evolution.
These provisions shall be interpreted consistently with the Privacy Policy and all applicable intellectual property and data protection laws.
PART VII – LEGAL PROVISIONS, DISCLAIMERS & LIMITATION OF LIABILITY
153. Foundational Legal Principles
153.1 Purpose of these Terms
These Terms establish the contractual framework governing the relationship between ConsulTOpen and every User of the Platform. They are intended to promote:
- fairness;
- transparency;
- platform safety;
- lawful operation;
- responsible use of technology;
- protection of Students;
- protection of Consultants;
- protection of ConsulTOpen;
- sustainable operation of the Platform;
153.2 Interpretation
These Terms shall be interpreted:
- reasonably;
- in good faith;
- consistently with applicable law;
- in a manner that gives effect to their commercial purpose;
- in a manner that preserves the validity of the Agreement wherever reasonably
possible. No provision shall be interpreted so narrowly as to defeat the overall objectives of these Terms unless required by applicable law.
153.3 Platform Safety
Where two reasonable interpretations are possible, preference shall ordinarily be given to the interpretation that better promotes:
- Platform security;
- User safety;
- compliance with law;
- integrity of Platform operations.
Nothing in this Section authorises interpretation contrary to mandatory legal requirements.
154. General Disclaimers
154.1 Nature of Services
ConsulTOpen operates a technology platform facilitating interactions between Students and independent Consultants. Except where expressly stated otherwise, ConsulTOpen does not itself provide:
- psychological treatment;
- medical treatment;
- psychiatric services;
- legal services;
- financial advisory services;
- educational certification;
- employment guarantees;
- admission guarantees.
154.2 Independent Consultants
Consultants remain solely responsible for:
- professional opinions;
- recommendations;
- advice;
- communications;
- consultation quality;
- professional judgement.
Professional opinions expressed by Consultants do not necessarily represent the views of ConsulTOpen.
154.3 No Guaranteed Outcomes
Educational, professional and personal outcomes depend upon numerous factors beyond the reasonable control of ConsulTOpen. Accordingly, ConsulTOpen does not guarantee:
- admission to educational institutions;
- internships;
- employment;
- promotions;
- salary increases;
- examination results;
- scholarships;
- career success;
- psychological improvement;
- academic performance;
- personal development outcomes.
155. Educational Disclaimer
Information made available through the Platform is intended for educational and informational purposes. Neither the Platform nor its AI systems guarantee the completeness, accuracy or continuing validity of educational information. Educational policies, admission criteria, examinations, eligibility requirements and institutional practices may change without notice. Users remain responsible for independently verifying critical information before making significant educational decisions.
156. Mental Wellness Disclaimer
156.1 Platform Nature
Mental wellness services available through the Platform are intended to support emotional wellbeing and personal development. Unless expressly stated otherwise, they should not be interpreted as emergency medical services.
156.2 Emergencies
ConsulTOpen is not an emergency response service. Users experiencing:
- suicidal thoughts;
- immediate danger;
- medical emergencies;
- psychiatric emergencies;
- threats of serious harm;
should immediately contact emergency services, appropriate healthcare professionals or other competent emergency resources available in their jurisdiction. ConsulTOpen may display emergency helpline information on the Platform but does not operate such services.
156.3 Crisis Situations
Where Platform personnel reasonably believe that a User may face an immediate risk of serious harm, ConsulTOpen may take reasonable protective measures consistent with applicable law, including displaying emergency resources, encouraging the User to seek immediate assistance or taking other steps reasonably necessary to promote safety. Nothing in this Section creates a contractual obligation for ConsulTOpen to monitor every User continuously or to detect every crisis situation.
157. Artificial Intelligence Disclaimer
157.1 AI Limitations
Artificial Intelligence features are provided on an “as available” basis. AI systems:
- may produce inaccurate information;
- may generate incomplete responses;
- may misunderstand context;
- may contain errors;
- may not reflect current developments.
157.2 Human Judgment
Users agree that AI outputs shall not replace independent human judgement. Where professional advice is required, Users should consult an appropriately qualified professional.
157.3 Continuous Evolution
AI technologies evolve rapidly. Accordingly, ConsulTOpen may:
- improve AI systems;
- replace AI providers;
- retrain AI models;
- discontinue AI features;
- introduce new AI technologies,
without prior notice where legally permissible.
158. Third-party Services Disclaimer
The Platform may integrate with or rely upon independent third-party services including:
- payment gateways;
- cloud hosting providers;
- AI providers;
- communication providers;
- verification providers;
- analytics providers;
- infrastructure providers.
ConsulTOpen does not control the independent operations of such third parties and shall not be responsible for interruptions, failures or inaccuracies arising primarily from their independent services, except where liability cannot lawfully be excluded.
159. Platform Availability Disclaimer
Although ConsulTOpen uses commercially reasonable efforts to maintain Platform availability, uninterrupted or error-free operation cannot be guaranteed. Temporary interruptions may occur due to:
- maintenance;
- software updates;
- infrastructure failures;
- cyberattacks;
- internet outages;
- telecommunications failures;
- Force Majeure Events;
- regulatory requirements.
160. User Responsibility
Every User remains solely responsible for:
- decisions taken using Platform information;
- maintaining account security;
- safeguarding login credentials;
- verifying important information;
- complying with applicable law;
- complying with these Terms.
Users acknowledge that they use the Platform voluntarily and at their own discretion.
161. Closing Provisions of Part Vii-a
This Part establishes the interpretive principles and general disclaimers applicable throughout these Terms. The specific limitations of liability, indemnification provisions, Force Majeure protections, dispute resolution mechanisms and miscellaneous legal provisions contained in the remaining Parts of this Agreement shall be interpreted consistently with the foundational principles established herein.
162. Limitation of Liability
162.1 Allocation of Risk
Users acknowledge that the Platform is made available subject to the allocation of risks set out in these Terms. The fees, commission structure and commercial arrangements offered by ConsulTOpen have been determined in reliance upon these allocations of responsibility and liability. Accordingly, the limitations contained in this Part constitute an essential basis of the contractual relationship between ConsulTOpen and every User.
162.2 No Liability for Independent Professional Advice
ConsulTOpen shall not be responsible for the professional opinions, recommendations, advice, conclusions or communications of independent Consultants. Each Consultant remains solely responsible for the services they provide. Nothing in this Section limits any liability that cannot lawfully be excluded under applicable law.
162.3 No Liability for User Conduct
To the fullest extent permitted by applicable law, ConsulTOpen shall not be responsible for:
- actions of Students;
- actions of Consultants;
- User-generated Content;
- misuse of Platform features;
- off-platform interactions;
- inaccurate information supplied by Users;
- unauthorised account access caused by User negligence;
- disputes arising directly between Users.
162.4 Third-Party Services
ConsulTOpen shall not be liable for failures, interruptions or losses arising primarily from independent third-party services including:
- payment gateways;
- banks;
- internet service providers;
- telecommunications providers;
- cloud hosting providers;
- AI service providers;
- mapping services;
- analytics providers;
- infrastructure providers.
Where a third-party issue affects Platform Services, ConsulTOpen will use commercially reasonable efforts to assist Users in resolving the issue where appropriate.
162.5 Technical Interruptions
ConsulTOpen shall not be liable for temporary interruption of Services resulting from:
- planned maintenance;
- emergency maintenance;
- software updates;
- infrastructure upgrades;
- internet outages;
- cyberattacks;
- Force Majeure Events;
- failures beyond ConsulTOpen’s reasonable control.
162.6 Educational & Career Outcomes
ConsulTOpen shall not be liable for outcomes relating to:
- examinations;
- admissions;
- scholarships;
- internships;
- employment;
- placements;
- promotions;
- salaries;
- academic performance;
- career progression.
Such outcomes depend upon numerous factors beyond the reasonable control of ConsulTOpen.
162.7 AI Outputs
ConsulTOpen shall not be liable for losses arising solely because a User relied exclusively upon AI-generated outputs without exercising independent judgement or seeking appropriate professional advice where required. This provision does not exclude liability where applicable law prohibits such exclusion.
162.8 Aggregate Liability
To the fullest extent permitted by applicable law, the aggregate liability of ConsulTOpen arising out of or relating to these Terms or the use of the Platform shall not exceed the total Platform fees or commissions actually retained by ConsulTOpen in connection with the specific transaction giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to such liability. This limitation shall not apply where liability cannot legally be limited or excluded.
162.9 Exclusion of Certain Losses
To the fullest extent permitted by applicable law, ConsulTOpen shall not be liable for:
- indirect loss;
- consequential loss;
- incidental loss;
- special damages;
- exemplary damages;
- punitive damages;
- loss of profits;
- loss of business opportunities;
- loss of goodwill;
- loss of reputation;
- loss of anticipated savings;
- loss of data not caused by ConsulTOpen’s failure to implement commercially
reasonable safeguards. Nothing in this Section excludes liability that cannot lawfully be excluded.
163. User Assumption of Risk
Users acknowledge that:
- educational guidance involves judgement;
- career planning involves uncertainty;
- mental wellness support involves individual circumstances;
- AI systems have inherent limitations;
- online communication may occasionally experience technical interruptions.
Accordingly, Users voluntarily assume the ordinary risks reasonably associated with the use of a technology-enabled consultation platform.
164. Indemnification
164.1 User Indemnity
Each User agrees to defend (where requested), indemnify and hold harmless ConsulTOpen, its proprietor, employees, contractors, consultants, affiliates, successors and permitted assigns from and against any claims, proceedings, liabilities, losses, damages, costs and expenses (including reasonable legal costs) arising out of or relating to:
- breach of these Terms;
- violation of applicable law;
- infringement of third-party rights;
- User Content;
- fraud;
- negligent or wilful misconduct;
- misuse of the Platform;
- unauthorised access resulting from the User’s failure to safeguard account
credentials.
164.2 Procedure
Where reasonably practicable, ConsulTOpen shall notify the User of any claim for which indemnification is sought. The User shall cooperate in the defence of such claim.
Nothing in this Section prevents ConsulTOpen from taking immediate steps reasonably necessary to protect its legal interests.
164.3 Survival
The indemnification obligations contained in this Section survive suspension, deletion and termination of the User Account.
165. Force Majeure
165.1 Events Beyond Reasonable Control
ConsulTOpen shall not be liable for failure or delay in performing obligations where such failure or delay results from events beyond its reasonable control. Examples include, without limitation:
- natural disasters;
- floods;
- earthquakes;
- fires;
- epidemics;
- pandemics;
- war;
- terrorism;
- civil unrest;
- governmental actions;
- internet outages;
- telecommunications failures;
- cyberattacks;
- power failures;
- labour disputes;
- failures of essential third-party infrastructure.
165.2 Effect
During the continuation of a Force Majeure Event:
- affected obligations may be suspended to the extent reasonably necessary;
- ConsulTOpen shall use commercially reasonable efforts to resume normal
operations as soon as practicable.
166. Insurance
ConsulTOpen may, but is under no obligation to, obtain insurance relating to aspects of its business operations. Nothing contained in these Terms shall be interpreted as creating insurance coverage or insurance benefits for Users unless expressly stated in writing.
Users acknowledge that ConsulTOpen may undergo:
- investment;
- merger;
- acquisition;
- restructuring;
- business transfer;
- sale of assets;
- succession planning;
- conversion into another legal entity.
In connection with such transactions, rights and obligations under these Terms may be assigned or transferred to the successor entity to the extent permitted by applicable law, provided the successor honours the material obligations owed to Users.
168. Survival of Legal Obligations
The following provisions shall survive suspension, deletion or termination of a User Account:
- payment obligations;
- intellectual property rights;
- confidentiality obligations;
- indemnification obligations;
- limitation of liability;
- dispute resolution provisions;
- audit rights;
- settlement adjustments;
- fraud investigations;
- legal notices;
- any rights or obligations that by their nature are intended to survive termination.
169. Closing Provisions of Part Vii-b
The provisions contained in this Part allocate risk between the parties in a commercially reasonable manner while recognising that certain liabilities cannot be excluded or limited under applicable law. Accordingly, every exclusion and limitation contained herein shall be interpreted only to the maximum extent permitted by law. Where any limitation is found unenforceable, the remaining provisions shall continue in full force and effect.
170. Governing Law
170.1 Applicable Law
These Terms and Conditions, together with all Platform Policies and every dispute, claim or controversy arising out of or relating to the Platform, shall be governed by and construed in accordance with the laws of the Republic of India.
170.2 Mandatory Legal Rights
Nothing contained in these Terms shall limit or exclude any statutory rights that cannot lawfully be waived or excluded under applicable law. Where any provision conflicts with mandatory legal requirements, such mandatory legal requirements shall prevail only to the extent of that conflict.
171. Dispute Resolution
171.1 Good Faith Resolution
Before commencing formal legal proceedings, the parties agree to make commercially reasonable efforts to resolve disputes amicably. Either party may notify the other party in writing describing:
- the nature of the dispute;
- the relevant facts;
- the relief sought.
The parties shall attempt to resolve the matter through good faith discussions.
171.2 Internal Resolution
Users are encouraged to first utilise ConsulTOpen’s grievance redressal process before initiating arbitration or litigation where appropriate. Nothing contained herein prevents a party from seeking urgent legal relief where delay may result in irreparable harm.
172. Arbitration
172.1 Reference to Arbitration
Where a dispute cannot reasonably be resolved through good faith discussions, such dispute shall, to the extent legally permissible, be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, together with any statutory amendments or re-enactments.
172.2 Seat and Venue
The legal seat and venue of arbitration shall be New Delhi, India, unless the parties mutually agree otherwise.
172.3 Language
The arbitration proceedings shall be conducted in the English language unless otherwise mutually agreed.
172.4 Arbitrator
The arbitration shall ordinarily be conducted by a sole arbitrator appointed in accordance with applicable law. Where applicable law requires a different procedure, that procedure shall prevail.
172.5 Interim Relief
Nothing in this Section prevents either party from approaching a competent court for urgent interim or injunctive relief before or during arbitration where legally permissible.
173. Jurisdiction
Subject to the arbitration provisions above and applicable law, the courts at New Delhi, India shall have exclusive jurisdiction over matters arising out of or relating to these Terms where court proceedings are lawfully maintainable.
174. Legal Notices
174.1 Notices to ConsulTOpen
Legal notices intended for ConsulTOpen shall be sent to: Registered Office: House No. 20, First Floor, Khasra No. 630, Pahari Colony, Ghitorni Enclave, New Delhi – 110030, India. Legal Email: consultopen1@gmail.com
174.2 Notices to Users
Users agree that ConsulTOpen may provide notices through:
- Email;
- Dashboard notifications;
- SMS;
- WhatsApp;
- Push notifications;
- In-app messages;
- Website notices;
- any future electronic communication channel adopted by the Platform.
Electronic delivery shall constitute valid notice to the fullest extent permitted by law.
175. Assignment
Users shall not assign, transfer, delegate or otherwise dispose of their rights or obligations under these Terms without the prior written consent of ConsulTOpen. ConsulTOpen may assign, transfer or novate these Terms in connection with:
- investment;
- merger;
- acquisition;
- restructuring;
- succession;
- sale of business;
- corporate reorganisation;
- any other legitimate business transaction,
provided that the successor entity assumes the material obligations owed to Users.
176. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable by a competent authority, that provision shall be modified or severed only to the minimum extent necessary. The remaining provisions shall continue in full force and effect.
177. Waiver
Failure or delay by ConsulTOpen in exercising any right, remedy or power under these Terms shall not constitute:
- waiver;
- abandonment;
- estoppel;
- limitation of future enforcement.
A waiver shall be effective only if expressly made in writing by an authorised representative of ConsulTOpen.
178. Entire Agreement
These Terms, together with all Platform Policies and any supplementary agreements expressly incorporated herein, constitute the entire agreement between ConsulTOpen and the User relating to the use of the Platform. They supersede all prior understandings, representations, negotiations and communications relating to the same subject matter.
179. Relationship of the Parties
Nothing contained in these Terms shall be interpreted as creating:
- employment;
- partnership;
- agency;
- joint venture;
- franchise;
- fiduciary relationship,
between ConsulTOpen and any User except where expressly provided by law or a separate written agreement.
180. Export Control & Sanctions Compliance
Users agree not to use the Platform in violation of any applicable export control laws, sanctions regulations or trade restrictions applicable to ConsulTOpen. ConsulTOpen reserves the right to restrict access where required to comply with applicable legal obligations.
181. Headings & Interpretation
Section headings are included solely for convenience and shall not affect interpretation.
Words importing the singular include the plural and vice versa. References to legislation include amendments, replacements and re-enactments. The words “including”, “includes” and “include” shall always mean “including without limitation.”
182. Language
These Terms have been drafted in the English language. Where translations are published for convenience, the English version shall prevail in the event of any inconsistency unless otherwise required by applicable law.
183. Contact Information
For questions regarding these Terms or the Platform: Platform: ConsulTOpen Website: https://consultopen.com Support Email: support@consultopen.com Legal Email: consultopen1@gmail.com Grievance Officer: Abhinav Saini Grievance Officer Email: abhinav@consultopen.com Registered Office: House No. 20, First Floor, Khasra No. 630, Pahari Colony, Ghitorni Enclave, New Delhi – 110030, India.
184. Effective Date
These Terms shall become effective from the Effective Date specified on the cover page. Continued use of the Platform after the Effective Date constitutes acceptance of these Terms.
185. Survival
Any provision that by its nature is intended to survive termination, suspension or deletion of a User Account shall continue in full force and effect. Without limitation, this includes provisions relating to:
- payments;
- settlements;
- refunds;
- intellectual property;
- confidentiality;
- privacy;
- limitation of liability;
- indemnification;
- dispute resolution;
- audit rights;
- fraud investigations;
- legal compliance.
186. Digital Execution
These Terms constitute an electronic contract. Acceptance through electronic means, including account registration, clicking an acceptance button, booking a Session, making a payment or otherwise using the Platform, shall have the same legal effect as a handwritten signature to the fullest extent recognised under applicable law.
187. Final Acknowledgement
By accessing or using ConsulTOpen, the User acknowledges and confirms that they:
- have carefully read these Terms;
- understand their contents;
- have had the opportunity to seek independent advice if desired;
- voluntarily agree to be legally bound by these Terms;
- agree to comply with all Platform Policies;
- understand that these Terms may be updated from time to time in accordance with
Section 5. If a User does not agree to these Terms, they must immediately discontinue to use of the Platform.
END OF TERMS & CONDITIONS Version: 1.0 Platform: ConsulTOpen Business Structure: Sole Proprietorship Website: https://consultopen.com Registered Office: House No. 20, First Floor, Khasra No. 630, Pahari Colony, Ghitorni Enclave, New Delhi – 110030, India. Support Email: support@consultopen.com Legal Email: consultopen1@gmail.com
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