TERMS AND CONDITIONS

The terms and conditions (the “Agreement”) that follow regulate your use of our online therapeutic platform (together, the “Platform”) and your access to it. This document is an electronic record which does not require any physical or digital signatures and are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of www.mindconvo.com (the “Website”).

We are Mindconvo Healthcare Private Limited (“Company”, “we”, “us”, “our”). The Website is owned and operated by Mindconvo Healthcare Private Limited (“Company”), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at Subhash Nagar, New Delhi-110027.

The terms of usage (“Terms”) govern your use of the Website and Services provided therein (“Services”). As you access our platform or sign up for our services, you automatically agree to this Agreement. It is important that you thoroughly read this Agreement before using the Platform. You cannot use the Platform if you do not agree to be bound by any of the terms of this Agreement, as this serves to be a legal contract between you and Mindconvo. The terms and conditions of any other agreement you may have with Mindconvo, including without limitation the privacy policy (the “Privacy Policy”), are not intended to be altered in any way by these Terms.

For the purpose of using Mindconvo’s services for your members, employees, students, or any other individuals registered with you for any services, if you are an entity that is not an individual but has been incorporated or registered, you must enter into an agreement or memorandum of understanding with Mindconvo. All users of Mindconvo’s services under such an agreement or memorandum of understanding are subject to these terms and the privacy policy, which may be found here.

We maintain the right to modify these Terms at any moment. Any such changes will take effect as soon as they are posted on the website, and by using the website and/or the services going forward, you consent to these changes. It is your responsibility to periodically review for the most updated version of these terms of use that is readily available on the website.

1. PAYMENT

1.1 The counseling/therapy sessions may be subject to a fee. We will advise the User of the applicable fees for any such service before they use it. A User shall also be bound by any additional terms (if any) specified for particular Service(s) in addition to these Terms.

Please take note of the specific policies regarding refunds in the following situations.

Refund Policy

Conditions that could lead to a FULL REFUND include:

• If, after receiving your payment, Mindconvo is unable to match you with a therapist in less than 48 hours.

Situations where NO REFUND will be granted:

• If you have paid for the session and we assign you to a therapist within 24 to 48 hours but you decide not to attend, you will not receive a refund. Note that no refund will be issued if you decide to cancel before the session for any reason. Before paying for the session, please confirm that you truly need to attend.
• There will be no refund, not even a partial one, if you are dissatisfied with the services.
• If, after completing your package, you’re not satisfied with the services, there won’t be a refund.
• You must use your sessions within the allotted time frame; otherwise, all of your subscriptions will be cancelled and you will not receive a refund. You must resume your journey and re-opt for the packages. In this case, we can assign you the therapist that was previously assigned to you.
• If necessary, therapists have the authority to modify the time and slot of your appointment.
• Should you fail to notify your assigned therapist at least 12 hours prior to the scheduled appointment, your 60-minute package will be forfeited. For the first time, the therapist will alert you with a benefit of doubt, however from next time onwards the deduction will take place.
• If, for any reason, you decide to cancel your package subscription in between, you will not receive a partial or complete refund.
• A session typically takes place once a week, and the therapist is free to select the day and time that works best for you. Although you can ask to start the session as soon as possible, the therapist will ultimately decide on the day and time for you.
• It is your duty to finish your sessions within the Validity time frame. To schedule your upcoming session, get in touch with the therapist you were assigned. Please email us at [email protected] to let us know if the therapist is not assisting you in rescheduling the session.

1.2.2 Appointments 

1.2.2.1. For any services that are purchased, the Mindconvo team will contact the client twice to confirm the services. If the client does not reply within 7 days of the final correspondence, Mindconvo will consider the service as used and will not issue any refund.

1.2.2.2 Mindconvo will check with their service providers in the event of any technical issues during or at the time of the session. The appointment will be rescheduled if it is determined that the case is valid.

1.2.2.3 For sessions, Mindconvo shall not issue a refund if the client does not show up for the scheduled time; the appointment will be considered used.

1.2.2.4 The client shall notify the designated therapist of any rescheduling at least 12 to 24 hours in advance.

1.2.3 Validity of Packages:

Once enrolled, your one session validity is for 20 days post therapist acknowledgment.

LEGAL ACTIONS 

Strong legal action will be taken right away if you are discovered spreading hate, writing fake or misleading reviews, or taking improper actions against the platform or any other associates in an attempt to degrade, tarnish, or malign the image or reputation of Mindconvo Healthcare Private Limited.

1.3 User(s) can make payments through any of the following available options:

1.3.1 Internet Banking

1.3.2 Debit/ Credit Cards

1.3.3. UPI

1.4 The User acknowledges and agrees that any details and procedures pertaining to making payments through Internet Banking, Debit Cards, or Credit Cards (collectively, the “Virtual Payment Mode”) will be governed by agreements or terms and conditions that are specific to the User and the applicable banks. Any liability that may arise in connection with the Virtual Payment Modes (including any fraudulent transaction) shall not be borne by us in any way.

1.5 If you use any of the payment options on the website, we will not be held liable or responsible for any loss or damage that results to you, whether directly or indirectly.

(a) No authorization for any transactions;

(b) Problems with payment resulting from the transaction; or

(c) processing of such transactions denied for any reason.

1.6 You recognize, acknowledge, and concur that the payment option offered to you isn’t a financial or banking service.

1.7 Without having to give the User any notice beforehand, Mindconvo retains the right to alter the fees for Services at any time. Such modifications will take effect immediately and be binding on the user.

2. OWNERSHIP OF THE WEBSITE

2.1 Mindconvo Healthcare Private Limited owns or has a license for the content on this website. All rights in the Mindconvo Healthcare Private Limited Content are owned by and belong to Mindconvo Healthcare Private Limited. You agree not to erase, modify, adapt, create derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or engage in any other form of commercial exploitation of the Mindconvo Content. You also agree not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices included in or accompanying the Mindconvo Content.

2.2 Mindconvo Healthcare Private Limited owns the trademarks for the Mindconvo name and logo, which may not be duplicated, mimicked, or used in whole or in part without Mindconvo Healthcare Private Limited’s prior written consent, unless granted in advance. Furthermore, Mindconvo maintains ownership of all custom graphics, button icons, and scripts as service marks, trademarks, and/or trade dress. Any attempt to copy, imitate, or use any of these materials, in whole or in part, without express written consent from Mindconvo Healthcare Private Limited is prohibited.

3. USE OF THE WEBSITE AND CONDUCT

3.1 Use of the Website

3.1.1. The Website may only be used for legitimate purposes. No content that violates or infringes upon the rights of others, is abusive, defamatory, libelous, invading privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains harmful formulas, recipes, or instructions, or encourages behavior that would be grounds for criminal prosecution, civil liability, or other legal violations, may be posted or transmitted through the Website.

3.1.2 You consent to refrain from participating in any of the following forbidden activities: (i) utilizing any part of the Website for copying, sharing, or disclosure in any format; (ii) sending unsolicited emails, spam, or chain letters; (iv) attempting to decipher any transmissions to or from the servers hosting the website, interfere with system integrity or security; (iii) acting in a way that places an unreasonable or disproportionately heavy burden on our infrastructure; (iv) uploading malicious data, viruses, worms, or other software agents through the website; (v) gathering or harvesting any personally identifiable information, including account names, from the website; and (vi) using the website for any commercial purposes without obtaining the required permissions from the User Content; (vii) pretending to be someone else, misrepresenting your affiliation with a person or organization in any other way, engaging in fraud, hiding or attempting to hide your identity; (viii) interfering with the website’s proper operation; (ix) accessing any content via the website using a technology or method other than those made available by the website; or (x) evading any security measures we may employ to prevent or restrict access to the website, including any features that enforce restrictions on the use of the website or its content.

3.2 Guidelines for User Content:

3.2.1 Your behaviour and any information you upload, publish, or display on or through the Website are entirely your responsibility. Mindconvo disclaims all responsibility for your actions in connection with your use of our website. There may be legal repercussions for breaking these terms, as stipulated by the relevant legislation.

3.2.2 Users can create, share, and post content on the website (collectively, “User Content”). Mindconvo does not assert any ownership rights to user-generated content. In its sole discretion, Mindconvo has the right (but not the obligation) to delete any User Content that is saved on the Website.

3.2.3. Mindconvo disclaims all liability with regard to any User Content that is created, stored, shared, posted, or transmitted through the Website by you, any other User, or any third party. You understand that we are only serving as a passive conduit for the online distribution and publication of your User Content, and that you will be fully responsible for it and the consequences of posting, publishing, or sharing it. Should your content break these terms, you might be held legally accountable for it.

3.2.4 By using this site, you consent to refrain from posting, storing, transmitting, creating, or sharing any User Content that could: (i) put you, another person, or animal at risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness; (ii) could put people or property at risk of any other loss or damage; (iii) could attempt to harm or exploit children by exposing them to inappropriate content, requesting personally identifiable information, or in another way; (iv) could constitute or contribute to a crime or tort; contains any content or information that we consider to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, violating someone’s right to privacy or publicity, harassing, humiliating, libelous, threatening, profane, or otherwise objectionable; (vi) contains any content or information that is illegal (including, without limitation, the disclosure of trade secrets or insider information under securities law); or (vii) contains any content or information that you are not authorized to make available under any legal or fiduciary or contractual arrangements. You guarantee that no third-party rights, including without limitation any intellectual property rights (as defined below) or privacy rights, will be violated by any User Content you produce, save, or distribute. Although it is not required to, Mindconvo retains the right to reject and/or delete any User Content that it determines, in its sole discretion, to be in violation of these terms. In accordance with the laws of any state, nation, territory, or other jurisdiction, “Intellectual Property Rights” is defined as all patent, copyright, mask work, moral, publicity, trademark, trade dress, and service mark rights, goodwill, trade secret, and other intellectual property rights that may now exist or may hereafter arise. It also includes all Website registrations, extensions, and renewals related to these rights.

3.2.5 You declare, represent, and warrant the following in relation to your User Content:

3.2.5.1 You agree not to break any laws or violate the rights of any third party, including but not limited to intellectual property rights or privacy rights, in the course of using your User Content as permitted by these Terms and the Website.

3.2.5.2 If your User Content includes any copyrighted material that is not your original work or for which you do not otherwise own the copyright, and you use the Website for any commercial purpose, you warrant that you have obtained all necessary rights, licenses, consents, and permissions to use that copyrighted material in connection with the creation and/or distribution of that User Content.

3.2.5.3 Without requiring payment of any guild fees, residuals, payments, fees, or royalties due under any collective bargaining agreement or otherwise, Mindconvo may use the rights to your User Content granted under these Terms.

3.2.5.4 For any User Content that you or any other User or third party creates, saves, shares, posts, sends, or otherwise makes available through the Website, whether directly or indirectly, Mindconvo disclaims all liability and accepts no responsibility. You understand that Mindconvo is only serving as a passive conduit for the distribution and publication of your User Content, and that you are solely responsible for it and the consequences of posting, publishing, or sharing it. Should your content break these terms, you might be held legally accountable for it.

4. RIGHTS TO USER CONTENT

4.1 You hereby grant Mindconvo, and you represent and warrant that you have all the rights necessary to grant, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, list information about, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and Mindconvo (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels.

5. DISCLAIMERS

5.1 THE ADVICE OR INFORMATION GIVEN BY EXPERTS VIA THE WEBSITE IS ONLY FOR INFORMATIONAL PURPOSES AND IS NOT TO BE USED AS A REPLACEMENT FOR A DOCTOR EXAMINATION. WE STRONGLY ADVISE YOU NOT TO RELY ONLY ON, OR MAKE DECISIONS BASED SOLELY ON, ADVICE FROM ANY EXPERT.

5.2 It is acknowledged and agreed upon by you that an Expert may be a therapist, counsellor, or other mental health professional. Mindconvo disclaims all responsibility for any advice and treatment that you receive from an Expert via the Website. You also understand and agree that Mindconvo’s role is strictly limited to giving you access to these Experts; you bear full responsibility for the decision to use the Website to contact with an Expert and to keep up your interaction with them.

5.3 THE SERVICES ARE NOT TO BE USED IN AN EMERGENCY. Please visit the closest hospital or health care provider if you believe you are experiencing a medical or mental health emergency, or if you have any concerns about your care or treatment at any point.

5.4 THIS WEBSITE DOES NOT SERVE AS A SUICIDE HELPLINE. You may immediately stop using the services at your discretion and please notify the appropriate government authorities, police, or emergency medical personnel if you are thinking about or considering suicide or feel that you pose a risk to yourself or others. YOU CAN CALL SUICIDE HELPLINE ASSRA (91-22-27546669 or visit http://www.aasra.info/helpline.html) AND SEEK IMMEDIATE SUPPORT AT THE EARLIEST.

5.5 YOU USE THIS WEBSITE AT YOUR OWN RISK AND ACCESS THE SERVICES AND INFORMATION PROVIDED THEREIN. In no way is Mindconvo engaged in the practice of medicine or the provision of medical care, nor will it ever be.

6. PRIVACY AND SECURITY

6.1 You are aware that by using the Website, you agree to the gathering, use, and sharing of your aggregate data and personally identifiable information in accordance with our privacy policy.

6.2 You acknowledge that Mindconvo is unable to ensure that unauthorized parties will never be able to get around our security protocols or misuse your personal data. You understand that you do so at your own risk when providing personal information.

7. WARRANTY

7.1 USE OF THE WEBSITE IS AT THE USER’S RISK AND IS PROVIDED ON AN “AS IS” BASIS. Aside from any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, the website is provided “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Unless specifically stated herein, no advice or information—verbal or written—that you obtain from Mindconvo or via the website shall constitute a warranty.  APART FROM THE ABOVE, MINDCONVO, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT THE INFORMATION CONTENTED ON THE WEBSITE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Downloading any content from the website or obtaining it in any other way is done at your own risk. You bear full responsibility for any harm that may come to your computer system, mobile device, or data loss as a result of the download or your use of the website.

7.2 Any product or service advertised or made available by a third party through the website or any hyperlinked website or service is not covered by MINDCONVO’s warranty, endorsement, guarantee, or assumption of responsibility. Additionally, MINDCONVO will not be involved in or in any way monitor any transaction involving you and third-party providers of goods or services.

8. EXCEPTIONS AND LIMITATIONS

8.1 Mindconvo disclaims all liability and guarantees regarding the caliber or worth of the services provided on the website, as well as the accessibility of the Expert(s). Mindconvo does not formally or implicitly advocate for or support any of the services offered on the website. Neither Mindconvo nor any of its affiliates will be held accountable for any mistakes or omissions.

8.2 You understand and agree that Mindconvo does not support, recommend, warrant, or guarantee the credentials, experience, claims, or background of any Expert, or any service, advice, opinion, or recommendation given by an Expert, even though Mindconvo conducts background checks and verifications on all Experts. Regarding (a) any Expert; (b) the Website or (c) any service, advice, opinion, or recommendation made available via the Website; or (d) the validity, accuracy, availability, completeness, safety, legality, quality, or applicability of any information made available via the Website, nothing in these Terms, the Website, or on any third-party site shall be deemed to be an endorsement, recommendation, referral, verification, warranty, or guarantee.

8.3 You understand that there will be times when the Website won’t be available, such as when there are planned maintenance or upgrades, urgent repairs, or equipment or telecommunications link failures.

8.4 By using the Website, you acknowledge that Mindconvo is not liable for any User Content that you post and does not support it. Mindconvo is under no duty to pre-screen, watch over, modify, or delete any User Content. You will be solely liable for any legal repercussions pertaining to your User Content if it violates these Terms.

8.5 Mindconvo retains the right, at any time and without prior notice, to remove any User Content from the Website. Although Mindconvo may keep User Content that has been removed from the Website indefinitely, including, without limitation, to fulfill legal requirements, it might not be possible to get back without a legitimate court order. You won’t hold Mindconvo responsible for any changes, pauses, or stops to the Website or for any loss of User Content.

8.6 Without giving you or other Users advance notice, we reserve the right to modify the Website, discontinue offering it or any of its features, or impose usage restrictions. For any reason, including if, in our sole judgment, you violate any provision of these Terms, we reserve the right to permanently or temporarily suspend, cancel, or remove your access to the Website, as well as to remove any User Content, all without prior notice or liability. You will still be subject to these Terms even after termination for any reason or for no reason at all.

9. TERMINATION

9.1 Mindconvo may, at any time, and for any reason, terminate these Terms. With or without prior notice, Mindconvo retains the right, at its sole discretion, to limit, suspend, or end your access to and use of the Website. Sections of the Terms that apply otherwise will remain in effect after termination. We reserve the right to enforce and prosecute any violations of these Terms in addition to any termination rights.

10. LINKS

10.1 The Website might have connections to external websites, or “Linked Sites.” The Company has no control over the Linked Sites. We disclaim all liability for the information contained in any linked site, including but not limited to any links within linked sites and any modifications or updates made to them.

10.2 We disclaim all liability for any transmission that the user receives from any Linked Site. We are only offering these links for your convenience. The Website, its operators, or any of their legal heirs or assigns do not in any way endorse the Linked Sites or any association with them.

10.3 By using the Linked Sites, you agree to be bound by their terms of use, privacy policies, and any additional policies. You also understand and agree that we won’t be held accountable or liable in any way for any harm or loss that is caused or claimed to be caused by using or relying on any of the advertising, goods, services, or other materials that are made available on or through any Linked Sites, or for any mistakes, falsehoods, libel, slander, omissions, obscene content, pornographic material, or profanity that may be found there.

11. INDEMNIFICATION

11.1 If you violate any of these terms or use the website in any way, you agree to indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses as well as third party claims and causes of action, including, without limitation, attorneys’ fees. In connection with any such defense, you agree to offer us any free assistance we may need. This assistance may include giving us reasonable access to you as well as any information, documents, or records we may require. Without our prior written approval, you are not permitted to waive any defense or settle any third-party claim.

11.2 IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE WEBSITE, YOU HEREBY RELIEVE MINDCONVO ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

12. LIMITATION OF LIABILITY

12.1 Under no circumstances will Mindconvo, its affiliates, or any other party involved in the creation, production, or delivery of this website be liable for any direct, incidental, consequential, indirect, special, or punitive damages resulting from your use of, or inability to use, this website, any linked sites, or from any failure of performance.  Notwithstanding the fact that Mindconvo has been informed of the possibility of such damage, these limitations are applicable regardless of the basis of the alleged liability, including contract, tort, negligence, strict liability, and other bases.

12.2 THE USER ACKNOWLEDGES THAT BY USING THE WEBSITE AND/OR SERVICES, HE/SHE IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTIONS, LIABILITIES, CONSEQUENCES, DECISIONS, AND BEHAVIORS (“CONDUCT”) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR SERVICES, AND SHALL IN NO WAY HOLD MINDCONVO AND/OR ITS AFFILIATES RESPONSIBLE FOR SUCH CONDUCT.

13. GOVERNING LAW

This Agreement is designed in accordance and shall be governed by the laws of India, and Delhi court shall have exclusive jurisdiction with respect to any dispute arising hereunder.

14. GRIEVANCE OFFICER

14.1 The “Grievance Officer” can be reached using the information below, in compliance with the Information Technology Act of 2000 and its implementing regulations.

Email address: [email protected]

     15. MISCELLANEOUS PROVISIONS

15.1 Survival: If these Terms are terminated or expire for any reason, the provisions of these Terms that, by their very nature, should survive such termination will survive such termination, unless the relevant provisions stated herein indicate otherwise.

15.2 Severability: If any term or provision in these Terms is determined to be unlawful or unenforceable in whole or in part pursuant to any statute or legal rule, such term or provision or part shall be deemed to be severable from these Terms to the extent determined, but the validity and enforceability of the remaining terms and conditions shall not be affected.

15.3 Unenforceability: Should any term, phrase, clause, sentence, or other portion of these terms be deemed unenforceable or invalid for any reason, such term or portion shall be deleted or modified in a way that will make the modified terms legal and enforceable to the maximum extent permitted by applicable laws, so long as the party’s motivation for entering into these terms is not unduly compromised.

15.4 No Waiver: Neither party’s failure to exercise any right or power resulting from the other party’s failure to comply with or default on any of the terms of these terms shall affect that party’s ability to exercise that right or power or be interpreted as a waiver of it. Only in writing or with the Parties’ consent may the terms and conditions of these Terms be altered or waived. Any covenant, condition, or agreement herein contained that is waived by one of the Parties hereto shall not be deemed to be a waiver of any subsequent breach of such covenant, condition, or agreement (whether or not the provision is similar).

15.5 Notices: Any notice required or authorized to be given to Mindconvo under this agreement must be in writing and sent or transmitted via (i) internationally recognized courier service, (ii) hand delivery, (iii) email, or (iv) registered or certified mail, as long as its receipt is acknowledged and it is sent to the address Mindconvo specifies. Any notification required by these terms should be sent to:

Name- Mindconvo Healthcare Private Limited.

Send us a message at https://mindconvo.com/contact/

Contact email address at Mindconvo.com

NOTE: We would advise you to periodically review this page for the latest information or updates in our Privacy Policy and practices. MINDCONVO HEALTHCARE PRIVATE LIMITED reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately.

Last updated -30-10-2023