Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE ("TOS") BEFORE USING THE WEBSITE
Capitalized terms appearing in this TOS shall have the meaning as stated below:
"Client" or "You", including its grammatical variations, means any natural person using the Services as defined below.
"Client Data" means and includes the details provided by You at the time of creation of Website user account and any proof of compliance such as scanned copies of forms, internal memos, statutory documents, reports, filings, applications, notices, etc. submitted by You through Website (defined below).
"Website" means the www.mindspace.club, which is a web-based proprietary service platform of Mind Space.
"Mind Space" or 'We', 'Us', 'Company', and 'Our' means Mind Space, and includes its authorized employees, and affiliates.
"Services" shall mean providing psychological counselling services to the Client/ User for any challenges or issues Client/User may be facing in their lives. Services shall not include providing psychological counselling to Users with psychotic disorders or Clients/ Users with suicidal tendencies.
Where Mind Space provides You with lists and/or profile previews of Counsellors based on information that You provide to the Website's search features (such as area of specialty and geographical location); the same shall not fall within the scope of Services.
If You are accessing Mind Space through mobile application, then this Agreement will continue to apply to such use. In addition, there may be additional terms (such as the terms imposed by mobile application stores) which will govern the use of the mobile application. In such case, the term 'Website' will be deemed to refer to the Mind Space mobile application.
Services means services offered through this Website and available only in India.
1. THE WEBSITE
1.1. Users: The Website is accessible by anyone. It has been setup for providing Services to Registered Users. "Registered Users" are users who have registered themselves on the Website and an account has been created basis such information. Such users will have a specific user id and password for logging into their account and receiving Services. "Non-Registered Users" are users who are not registered with the Website but may access information on the Website. Certain features of the Website are available to Registered Users only.
1.2. Features of the Website: The Website offers the following features: a) For Registered Users: i. Platform for obtaining generic and preliminary information about Us and seek help from counsellors by asking questions pertaining to emotional wellness. ii. Platform for viewing generic and preliminary information on questions submitted by other Registered Users: You may access the information provided by a counsellor to questions submitted by other Registered Users on the Website. iii. Platform to pay for appointment and interact with Counsellor privately: You may interact with a Counsellor privately on the audio / video feature available on the Website during the booked appointment time. b) For Non-Registered Users: i. Access to Counsellor Profiles: Depending on the extent of information shared by counsellors at the time of registering with the Website, the Counsellors' profile containing their name, qualification, experience, specialization, consultant fees, personal statement, education, professional memberships etc. can be accessed by You. The Website offers various search features to aid You in accessing Counsellor profiles. ii. Access to Counsellor (Availability for in-person appointment): Based on information communicated by Counsellor, the Website shows indicative appointment slots available for online consultation. c) For Counsellors: i. Platform to publish profile: You may upload your profile containing your name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on Website. Your profile is accessible to all Registered as well as Non-Registered Users. ii. Platform for private interaction: You may use Website for private interaction with Registered Users over audio video call hosted on the Website during the booked appointment time or through the free group audio video sessions hosted on the Website. iii. Platform to receive consultation fees for Website interaction: You may use the Website to receive fees for your interactions with Registered User for online interactions. iv. Platform to provide information on emotional well being related questions submitted by Registered Users: You may provide your preliminary and generic information to questions submitted by Registered Users. v. Platform to publish Counsellor-contributed information and education material: You may contribute emotional well being related information and education material which Mind Space may, with or without modification, in its sole discretion, publish on the Website.
1.3. Types of content on the Website: The various types of content available on the Website may be categorised as follows: 1.3.1. Content provided by Registered Users including questions provided by Registered Users and interactions in the course of private interactions with Counsellors ("User Content") 1.3.2. Content provided by Counsellor including emotional well being related information and educational material; and information provided by way of responses to questions raised by Registered Users or in course of private interactions with Registered Users ("Counsellor Content"); 1.3.3. Content which Mind Space (through itself or its contractors) has generated or procured for the Website ("Mind Space Content");
2. USE OF THE SITE
2.1. Use by all Users (Registered, Non-Registered User) 2.1.1. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will ensure that all the information you supply to us through the Website, or in relation to the Website, is true, accurate, current, complete and non-misleading. You will not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You will not access or otherwise interact with our website using any robot, spider or other automated means. You will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement. However, You may view pages from the Website on a web browser, download pages from the Website for caching in a web browser, print pages from the Website, stream audio and video files which may be hosted on the Website and also use our Website services by means of your web browser. 2.1.2. You will not deliberately use the Website in any way that is unlawful or harms Mind Space, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website. Further, except as expressly permitted by Us or through the other provisions of the Agreement, you shall not download any material from the Website or save any such material on your computer. You may only use the Website for your own personal or business purposes (depending on whether you are a Registered User or Counsellor), and you must not use the Website for any other purposes. You must not edit or otherwise modify any material on the Website. Unless you own or control the relevant rights in the material, you must not republish material from the Website (including republication on another Website); or sell, rent or sub-license material from the Website; exploit material from our website for a commercial purpose; or redistribute material from our website. Notwithstanding anything mentioned above, you may re-distribute our newsletter in print and in electronic form to any person. Mind Space reserves the right to restrict access to areas of the Website, or the whole Website, at its discretion; You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website. 2.1.3. You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS messages from Mind Space on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by Mind Space. Please note that Mind Space will send these SMS messages only to the mobile number that You provide on the Website. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, Mind Space may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from Mind Space. 2.1.4. By using the website and/or registering yourself at Mind Space, you authorize us to contact you via email or phone call or sms and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below irrespective of the fact that you have registered yourself under DND or DNC or NCPR service, you still authorize us to call You from Mind Space & associate partners for the above mentioned purposes till 45 days of your engagement with us. 2.2. Use by Registered User: 2.2.1. You acknowledge that this Website is an informative platform only. Mind Space and the Website are not in the business of providing psychiatric care or provide intervention for mental illness including but not limited to suicidal thoughts, severe depression and other mental disorders. 2.2.2. We encourage You to independently verify any information You see on the Website including information provided by a Counsellor. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement. 2.2.3. The Website allows You to select and schedule appointments with Counsellors. In doing so, Mind Space can help by providing You with lists and/or profile previews of Counsellors who may be suitable to deliver the emotional well being care that you are seeking, based on information that you provide to Mind Space (such as area of specialty and geographical location). 2.2.4. Please note that Mind Space (i) does not recommend or endorse any Counsellors mentioned on the Website; and (ii) does not make any representations or warranties with respect to Counsellors or the quality of the emotional well being care they may provide, and (iii) does not grade counsellors. 2.2.5. You will obtain all relevant consents and approvals prior to posting or providing any User Content. 2.2.6. You may schedule an appointment on the Website for Your family members and friends. However, please note that you will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends. 2.2.8. Mind Space may levy an advance internet handling fee for each private interaction that you have with any Counsellor through the Website. Mind Space will also collect the consultation fee payable to the Counsellor in advance. 2.3. Use by Non-Registered User: 2.3.1. Mind Space will provide You with lists and/or profile previews of Counsellors based on information that You provide to the Website's search features (such as area of specialty and geographical location). Please note that Mind Space (i) does not recommend or endorse any Counsellors mentioned on the Website; and (ii) does not make any representations or warranties with respect to these Counsellors or the quality of the emotional well being care services they may provide
3. ROLE OF Mind Space
3.1. Mind Space's role is limited to providing a platform for a) hosting and publishing User Content, and Counsellor Content b) Registered Users to raise emotional well being related questions and Counsellor's to provide preliminary and generic information to the questions c) private interaction between Registered User and Counsellor d) finding Counsellors based on Registered User's inputs and Counsellor profiles created by Counsellors themselves and f) facilitating collection and disbursal of consultation and service fees for Counsellors. To the extent that the Website and the information and services on the Website are provided free of charge, Mind Space will not be liable for any loss or damage of any nature. Mind Space will not be liable to you in respect of any losses arising out of any event or events beyond Our reasonable control. Mind Space will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. Mind Space will not be liable to you in respect of any special, indirect or consequential loss or damage. 3.2. Mind Space's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Mind Space has no responsibility and/ or liability in respect of the content and transactions on the Website including any User Content or Counsellor Content information provided by Counsellors, interactions between Counsellors on the one hand and Users on the other hand. 3.3. Mind Space does not have the obligation to pre-screen or monitor User Content or Counsellor Content at any time. However Mind Space may elect to monitor any User Content or Counsellor Content and remove any User Content and Counsellor Content from the Website if Mind Space determines in its sole discretion that such User Content and/or Counsellor Content is in violation of this Agreement or any applicable law and best practices. Where Mind Space removes any User Content or Counsellor Content from the Website, Mind Space will make reasonable efforts to inform the User or Counsellor who had posted such User Content or Counsellor Content respectively. Such actions do not in manner negate or dilute Mind Space's position as an intermediary or impose any liability on Mind Space with respect to User Content and/or Counsellor Content. 3.4. If Mind Space suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User or Counsellor, notwithstanding any other rights Mind Space may have, Mind Space reserves the right to inform the relevant government or law enforcement authorities. Mind Space will cooperate in all investigative procedures or requests for access/ information initiated by any such government or law enforcement authorities. 3.5. Mind Space does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
4. LINKS TO THIRD PARTY WEBSITES
5. PROPRIETARY RIGHTS
5.1. Mind Space respects the intellectual property rights of others, and We expect the same from You. The Website, User Content, Counsellor Content and Mind Space Content are protected by applicable intellectual property laws. 5.2. Mind Space's Rights to the Website and Mind Space Content: 5.2.1. All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to Mind Space or its licensors. Through Your use of the Website, by no means are any rights impliedly or expressly granted by Mind Space to You in respect of such works. 5.2.2. Except as stated otherwise in this Agreement all Mind Space Content (including all intellectual property rights to such content) is owned exclusively by Mind Space and/or its licensors. 5.2.3. When You use the Website in accordance with this Agreement, a limited royalty-free right is granted to You by Mind Space to use Mind Space Content for personal and non-commercial use in India for the time that You are either a Registered User or an Counsellor or for the time that You make use of the Website, whichever is less. 5.2.4. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise. 5.2.5. Unless expressly authorized by Mind Space, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Mind Space Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. 5.3. Rights in User Content: 5.3.1. You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or Counsellor Content (in case You are a Counsellor) that You post on the Website or provide to Mind Space. 5.3.2. You hereby grant Mind Space a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content and create derivate works of the User Content for promotional purposes.
6. PERSONAL INFORMATION
7.1. Interaction with Counsellor on the Website: 7.1.1. You understand and agree that any interactions and associated issues with the Counsellor(s) on the Website, is strictly between You and the Counsellor(s). You shall not hold Mind Space responsible for any such interactions and associated issues. Mind Space is not involved in providing any emotional wellbeing care or medical advice or diagnosis and hence is not responsible for any outcome between You and the Counsellor You interact with. If You decide to engage with a Counsellor to provide medical services to You, You do so at Your own risk. 7.1.2. The results of any search You perform on the Website for Counsellors, or provision of access to any Counsellor on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular Counsellor. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the Counsellor. The search results are based on an object computer algorithm. 7.1.3. Mind Space shall not be responsible for any breach of service or service deficiency by any Counsellor. 7.1.4. We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of the Counsellor to fulfill his/her obligations in any transaction. We advise You to perform Your own investigation prior to selecting a Counsellor. 7.3. Clinical Support Information: We may listen to and provide information to assist you in coping with an emotional problem. This may include general and emotional well being-care related information and resources. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Website by third parties, including Counsellor Content is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our Website. You assume full risk and responsibility for the use of information You obtain from or through this site, and You agree that Mind Space is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any Counsellor, emotional well being-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the website. 7.4. Information regarding Counsellor: Information regarding Counsellor found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the Counsellor. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor Mind Space provides any advice or qualification certification about any particular Counsellor. You are encouraged to independently verify any such information You see on the Website with respect to a Counsellor that You seek to make an appointment with. 7.5. No Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to Your questions or postings) may be provided by Counsellors. The provision of such content to You by Mind Space does not constitute delivery of emotional well being care or diagnostic services to You and does not create a professional relationship between Mind Space and You. 7.6. No Medical Advice Provided: The content provided by the Website, either by Mind Space or by Counsellor, should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from Mind Space, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information. 7.7. Non-substitution of professional medical advice: The Information provided on the Website and in any other communications from or provided through Mind Space is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified emotional well being care professional because of advice that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that Mind Space shall not be responsible for Your treatment or be treated as a emotional well being care provider on account of collection of the consultation fees for private consultation by Counsellor, for any reason whatsoever. 7.8. Mind Space disclaims any representation and/or warranty for the security, reliability, quality, timeliness, and performance of (i) the website and its features; (ii) Counsellor who responds to question of a registered user or who interacts privately with a registered user; (iii) any information, content or advice available on or received through the website (iv) access to or alteration of user content or Counsellor content (v) transmissions or data and any other matter relating to the website and / or services. 7.9. Mind Space makes no warranty or representation that any errors in the website will be corrected except as required by law. 7.10. Mind Space assumes no responsibility and/or liability with respect to any user content, or counsellor content (as applicable) which you may post on the website and you are solely responsible for such user content posted on the site. 7.11. You agree that the open and real-time nature of the platform makes it impossible for Mind Space to vouch for the validity, authenticity and honesty of user content or counsellor content. Mind Space is not responsible for any user content or Counsellor content on the site, or for the consequences of you reading or relying on such content. 7.12. The site is provided on a "as is" and "as available" basis. Neither Mind Space nor any third party service providers are liable for any technical or other operational difficulties or problems which may result in loss of your data, personalization settings or other interruptions in the features offered on the website. Neither Mind Space nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any User content, Mind Space content or your personalization settings. 7.13. Mind Space does not provide any guarantee and shall not be held liable or responsible for the failure to send sms or other notifications or reminders to you as a feature of the website. 7.14. Neither the Counsellors, nor Mind Space shall be responsible or liable for any breach or loss of data including personal information caused due to events beyond the control of Counsellors / Mind Space or due to technical reasons or third party actions.
8. LIMITATION OF LIABILITY
8.1. To the fullest extent permitted by law, in no event will Mind Space or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not Mind Space has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, Mind Space's liability under this Agreement shall be limited to the amount of payments received from You for the Services and shall be governed by the Refund Policy.
9. REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That: 9.1. You are at least 18 years of age and that Your use of the Website shall not violate any applicable law or regulation; 9.2. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information; 9.3. You as a Registered or Non-Registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited. 9.4. Your use of this Website shall be subjected to the following restrictions: 9.4.1. You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify; 9.4.2. You will not decompile, reverse engineer, or disassemble the content, or 9.4.3. You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content. 9.5. You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion. 9.6. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet. 9.7. You will not host, display, upload, modify, publish, transmit, update or share any information that (a) belongs to another person and to which the user does not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
10.1. You hereby indemnify, defend, and hold Mind Space, the Mind Space's distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, Counsellors), and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
11.1. Mind Space reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information. 11.2. Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, Counsellor Content or Mind Space Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. Mind Space shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
12. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India,. and the courts at Delhi, India shall have exclusive jurisdiction.
13.1. Mind Space reserves the right to modify any part of the Agreement at any time without giving You prior notice. 13.2. When We update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by e-mail if You have provided Your e-mail Id) which will intimate You of the amendments. You do not agree to the amendments; please do not use the Website any further.
14.1. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. Mind Space shall appoint a sole arbitrator. The arbitration award shall be final and binding on the You and Mind Space. The arbitrator shall have no authority to award punitive, consequential or other damages beyond the prevailing partys actual damages (other than reasonable attorney's fees and other costs of arbitration). Subject to the above, You and Mind Space shall be subject to the exclusive jurisdiction of the Courts in Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. You agree that arbitration will be the exclusive forum for adjudication of the dispute, provided that such demand precedes the filing of a complaint in any court of competent jurisdiction. 14.2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
15. GENERAL PROVISIONS
Video Call Process
As soon as you pay for the appointment you shall receive an email with the schedule and link to join the Audio Video call. Please use that link to join the appointment at right time.