TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS, PRIVACY POLICY, AND REFUND & RESCHEDULING POLICY.
The MINDS Foundation (501c3 not-for-profit and 12A/80G NGO) (“Us” or “We” or and their connotations) operates a website- (URL: www.mindsfoundation.org) that entails a psychotherapy/counseling service (together called as "Platform") which is engaged in the service of providing a digital platform for psychotherapy management and customer relationship management of online and offline therapy sessions.
This terms and conditions (“Terms”) describe the terms on which the Organization grants end users access to the Platform (hereinafter referred to as ”Services”) and shall be read with the privacy policy available on www.mindsfoundation.org/privacypolicy. Our Platform is primarily for users who need to be connected with a therapist for the purpose of solving their issues or seeking guidance.
By choosing to visit and/or avail any Services provided by Company, you agree to these Terms (as may be amended from time to time). Please read the following information carefully. If you are a parent or guardian and you provide your consent to your child's use of the Platform, you agree to be bound by these Terms in respect to their use of the Platform. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.
Any new features or tools which are added to the current Platform shall also be subject to the Terms and conditions. You can review the latest version of the Terms and conditions at any time on this page. We reserve the right to update, modify, change or replace any part of these Terms and conditions by posting the update on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any updated terms constitutes acceptance of those updated terms.
By agreeing to these Terms and conditions, you represent that you have attained the age of majority in your country or state or province of residence, or that you are the age of majority in your country or state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Condition
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your data/information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, incomplete or obsolete. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Registration
We require users to provide us contact information (like your name, address, telephone number and email address), and demographic information (like your zip code/pin code). As a member, you are also required to provide a valid email address, Gender, Age, Medical Condition information for registration and to avail our services. The MINDS Foundation shall maintain a channel of communication with you once you have registered with us. This communication will be in the form of approval of appointment, reminders, transactional details, slots availability, and other subsequent notifications. We require user to provide accurate and authentic information to us while registering them self
Payment and Refund
The payments made by You for the paid services on the platform shall be according to the plans opted by You through the Platform. All payments by Users shall be through the payment mechanism put in place by Us on our platform.
Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us.
Please refer to our Refund & Rescheduling Policy for more information.
Modifications to The Service and Prices
We reserve the right to change the Prices for our service/product without notice at any point of time.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any point of time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
We have made every effort to display as accurately as possible the description, information of our services or product that appear at the Platform.
We reserve the right, but are not obligated, to limit the sales of our Services or Product to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. Pricing are subject to change anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time.
We do not warrant that the quality of any products, services, content, videos, information, or other material purchased or obtained by you will meet your expectations or provide the desired results, or that any errors in the Service will be corrected. No medical advice provided by us whatsoever.
Please note that we do not endorse any of the therapists or any clinics mentioned on cloud therapy website. It does not make any representations or warranties concerning therapists, clinics or the quality of therapy or advise provided by them. We are not responsible for any content or advice or details in the profiles of the therapists/teachers/coaches.
Removing Your Content
If we reasonably believe that any of your content (1) breaches these terms or our policies (2) violates applicable law, or (3) could harm our users, third parties, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, and content that infringes someone else’s intellectual property rights.
Accuracy of Billing And Account Information
We reserve the right to refuse any order/subscription you place with us. We may, in our sole discretion, limit or cancel quantities/number of subscriptions purchased per user. These restrictions may include orders placed by or under the same user account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases/Subscriptions made at our Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Limited Liability, Warranty and Disclaimer
You are held personally liable for any violation of a third party's rights by you. You agree to reimburse Organization for all damages resulting from the culpable non-observance of the obligations of these Terms. Users release Organization from all eligible claims that other users or third parties may file against the Company due to a violation of their rights by content posted by the user or due to a violation of other obligations. You shall assume the costs of Organization legal defense, including all court and legal fees. This condition does not apply if the Users are not responsible for the infringement.
Organization ensures that the information and the training facilitated by the Therapist/Teachers/Coach on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, fitness, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and training given by the Therapist/teachers/coach on the Platform.
You agree and understand that Organization does not states or claims any warranty for the quality of Session/Guidance/classes/training delivered by the Therapist/teachers/coach listed on our Platform.
The Organization does not guarantee the quality of session/lessons delivered. At any instance of live interactive classes, if the Therapist/teacher uses any sexual or abusive language or depicts any forced sexual acts, or pornographic images, then in such cases, please immediately inform the Organization at the contact provided below. The Company will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance.
The Organization will not be held responsible for any unethical, illegal acts performed by the User on the advice of the Therapist/teacher/coach while accessing the Platform.
In no event shall the Organization be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Platform or any content provided on or through the Platform.
The Organization facilitates educational and informational on an “as is” basis and is liable only to provide its services with reasonable skill and care.
In no case shall The MINDS Foundation, its proprietor, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
The Organization’s total liability for any and all kinds claims in the aggregate, arising out of or related to your use of the Platform, shall not under any circumstances exceed the total amounts/subscription actually paid by You to the Organization for its Services.
External Sites have not been verified or reviewed by Organization and all use and access of External Sites is made at your own risk. "External Sites" means third party websites and online services to which the Service links. The Organization gives no other warranty in connection with the Service and to the maximum extent permitted by law, Organization excludes liability for:
a. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Company have been made aware of;
b. the accuracy, currency or validity of information and material contained within any communications or the Service;
c. any interruptions to or delays in updating the Service;
d. any incorrect or inaccurate information on the Service;
e. the infringement by any person of any copyright or other intellectual property rights of any third party through any communication or use of the Service;
f. the availability, quality, content or nature of External Sites;
g. any transaction involving External Sites;
h. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any Communication (save that, where digital content supplied to You by Organization or on behalf of Organization through the Service causes damage to your digital content or devices You may be entitled to compensation or repair or replacement, in which case kindly inform to Organization); and
i. all representations, warranties, conditions and other terms and conditions which but for this notice would have an effect
The Organization does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.
Specific Disclaimer Regarding Our Service
We would like to clarify that we are not providing psychiatric care and/or cure for mental illness. We also do not provide any help or provide sessions for suicidal thoughts, severe depression and other mental disorders. We only provide a platform that connects our users to avail therapy with the help of the therapists/teachers/coaches chosen by them through our platform.
Your communication/interaction with the therapist is strictly between you and the therapist chosen by you. You shall not hold The MINDS Foundation its proprietor, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors accountable for any such interactions and associated issues. We are not responsible for your emotional well-being, mental health and shall not be held accountable for any outcome of the interaction/communication between you and the therapists chosen by you.
We are not responsible for any breach of service from the side of the therapist. Information regarding the therapists is for general purposes only. Such information is published by us through the details given by the therapists. Such information changes and may become outdated or inaccurate. The MINDS Foundation does not provide any advice or professional certification about any therapist. The information and materials available through our website are not intended to constitute professional advice, diagnosis or treatment. We are not responsible for the accuracy or completeness of the information available through our site/platform. You understand the full risk and responsibility for the use of the information available and opting for our services.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control over nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and conditions.
Third Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. We have the right to remove any or all of your comments if we find them breaching any of our terms. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through the store and any forms is governed by our Privacy Policy.
Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product/service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Rule of Conduct
Users must comply with the laws that apply to You in the location that You access Organization’s Services from. If any laws applicable to You restrict or prohibit You from using Services of Organization, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Organization. You promise that all the information You provide to Company on accessing and/or using the Services of Organization is and shall remain true, accurate and complete at all times.
Notwithstanding any other provision of these Terms You agree and undertake not to:
a. Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
b. Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
c. Create software which mimics any data or functionality in the Service;
d. Use or deal in the Service except as permitted by these Terms;
e. Include contact details intended to enable communication outside of the Service, in any Communication;
f. Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
g. Make any public, business or commercial use of the Service or any part of them;
h. Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without prior written permission of Company;
i. Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Platform, or showing either to other people);
j. Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
k. Delete or obscure any copyright or other proprietary notice on the Service.
The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and You expressly consent to Organization’s monitoring your computer's random access memory for the purpose of identifying said unauthorized third-party programs.
Prohibited Uses
In addition to other prohibitions as set forth in the, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Indemnification
You agree to indemnify, defend and hold harmless The MINDS Foundation and our parent, subsidiaries, affiliates, proprietor, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of use of our platform and/or your breach of these Terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Without limiting any other rights that Organization may have, Organization may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if Organization considers (in the sole discretion of Organization) that You have breached any of these Terms.
You may also terminate your agreement with the Organization by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and conditions shall not constitute a waiver of such right or provision.
These Terms and conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and conditions).
Any ambiguities in the interpretation of these Terms and conditions shall not be construed against the drafting party.
Governing Law
These Terms shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of India, which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Mumbai, India.
Changes To Terms and conditions
You can review the most current version of the Terms and conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and conditions constitutes acceptance of those changes.
Contact Information
Questions about the Terms and conditions should be sent to us at info@mindsfoundation.org