THESE TERMS OF SERVICES IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SERVICES DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC, OR DIGITAL SIGNATURE.
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 PRESCRIBED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY, AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.
THESE TERMS OF SERVICES IS A LEGALLY BINDING DOCUMENT BETWEEN Mentalhp.me AND THE USER (BOTH TERMS DEFINED BELOW). THESE TERMS OF SERVICES WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE "I ACCEPT" TAB OR BY USE OF THE WEBSITE OR BY OTHER MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN Mentalhp.me AND USER
PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE, AND CONSENT TO THESE TERMS OF SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF SERVICES, PLEASE DO NOT USE THIS WEBSITE.
YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO Mentalhp.me AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF THE INFORMATION TECHNOLOGY ACT, 2000, AND THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES) RULES, 2011.
These Terms of Services of the website located at the URL mentalhp.me, on mobile sites or mobile application and the other associated/ancillary applications, products, websites and services (“Website”) is between Dr Arnav Sharma (referred as “mentalhp.me” or “We” or “Us” or “Our"), a company incorporated under the Companies Act, 2013 with its registered office situated at 450 Block-B, Sant Nagar, Burari Delhi 110084, India, and the Users of the Website including but not limited to Users who are patients, medical practitioners, and/or health care providers (referred as "You" or "Your" or "Yourself" or “User”) describe the terms on which mentalhp.me offers You access to the Website and such other services which include but are not limited to interactive session related services, platform services, self-assessments, to interact with medical practitioners, doctors and health care providers from across the globe (“Practitioners”), to help the User receive appropriate diagnosis and quality treatment, knowledge and perspectives through various interactive sessions with the Practitioners ("Services").
These Terms of Services are a contract between You and Mentalhp.me. These Terms of Services shall be read together with the Privacy Policy or other terms and conditions with all other notices, disclaimers, and guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.
For these purposes, the term “Person” shall mean any natural person, firm, company, governmental authority, joint venture, association, partnership, limited liability partnership, society, or other entity (whether or not having separate legal personality).
You and Mentalhp.me shall hereinafter be individually referred to as a “Party” and collectively as the “Parties”
You hereby specifically agree and acknowledge that Mentalhp.me is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between the User and Practioner(s).
You, further acknowledge and agrees that Mentalhp.me will not be held liable for:
(i) Any User interactions and associated issues the User has with the Practitioners.
(ii) Any wrong medication or quality of treatment being given by the Practitioners or any medical negligence on part of the Practioner(s)
(iii) Any type of inconvenience suffered by the User due to a failure on the part of the licensed practitioner(s) to provide agreed services;
(iv) Cancellation or no-show by the Practitioners(s) or rescheduling of booked appointments or any variation in the fees charged.
In agreeing to these terms of use, You acknowledge and undertake that the feedback mechanism provided to You, is a privilege and might be displayed on the respective Practitioner(s) profile. You solely will be responsible for the contents of such feedback, suggestions, and/or constructive criticism.
You understand and agree that any advice or diagnosis made by any Practitioner(s) does not mean that there is a licensed medical professional/patient relationship, between Mentalhp.me and You. You are to comply with all applicable local, and provincial laws, and regulations in connection with Your availing of the services.
You, do not possess the authority to bind Mentalhp.me, in any manner. Nothing, in these Terms Of Use, can be construed to create a relationship between Mentalhp.me and You, other than that of a service provider and User.
Each Party hereby represents and warrants that it has the legal right, power, and authority to enter into, deliver and perform this Agreement and any other documents executed in connection with or pursuant thereto.
You, specifically covenants that he/she shall keep all information confidential, including but not limited to insights, conversations, assessments, diagnosis, treatment, etc. in the course of interactive sessions with Practitioner(s).
Notwithstanding anything contained herein, You does not have the right to assign any of his/her duties or obligations to any other person or organization under the clauses of this agreement. You further agree not to hold Mentalhp.me responsible for any decision taken by You on the basis of the advice or insights as provided by the Practitioner(s).
You are responsible for:
-- Complying with all applicable laws in the course of performing its obligations under this agreement, and
-- Representing that You have no criminal antecedents or convictions and/ or any criminal action is pending against You
-- Not engaging in any activity other than strictly for the purposes specifically laid down under these terms as integral constituents of the services, prior to, during the continuance of, and after each and every session.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to Our Website and the use of this Website. Nothing in this disclaimer can lead to the limiting or exclude Our or Your liability for,
-- Death or personal injury
-- Fraud or fraudulent misrepresentation
-- Anything that is not permitted under applicable law; or may not be excluded under applicable law.
Mentalhp.me cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms of Services, and, as between You and us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.
By agreeing to these Terms of Service, You acknowledge that when You access any link that leaves the services, the site You will enter into is not controlled by Mentalhp.me and are subject to different terms of use and privacy policy not linked to ours. We urge You to read their internal policies for Your continued interaction with such third parties. By accessing links to other sites, You acknowledge that Mentalhp.me is not responsible for those sites.
Mentalhp.me perpetually reserves the right to disable links to and/or from third-party sites to the services, although we are under no obligation to do so
.
Some parts of Our Services can be interactive, and Mentalhp.me, in any circumstance, is responsible for the content, information, or actions of You and/or other third parties. You are solely responsible for Your interactions and communications with the Practitioner(s) including any sensitive personal information provided by You to the = Practitioner(s), and any other parties with whom You interact or communicate with through the Services provided. You shall not use the platform except strictly for the purposes specifically laid down in this Terms of Service.
Your session may be recorded for training and educational purposes, in case you wish to opt out of this, please inform the Practitioner prior to the commencement of the session or you may choose to opt-out by deselecting the option prior to joining the session. If at any point during your session, you wish to stop the recording, you may do so by deselecting the record option.
Mentalhp.me owns all rights, titles, and interests (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, the content of the Website, video recordings, ideas, and information, google text chats which are the subject matter of services (collectively referred to as “Intellectual Properties”).
Notwithstanding anything contained in this agreement, Intellectual Properties include all rights:
-- Paternity
-- Integrity
-- Disclosure and withdrawal and,
-- Any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like
.
The User agrees to keep all technical and non-technical information, which Mentalhp.me may have acquired before or after the date of this Agreement in relation to the technology, customers, business, operations, financial conditions, assets or affairs of the other Party resulting from negotiating this Agreement; or exercising its rights or performing its obligations under this Agreement; or which relates to the contents of this Agreement (or any agreement or arrangement entered into pursuant to this Agreement), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products and Services of Mentalhp.me confidential or any other information designated as confidential from time to time.
It is hereby clarified that any consultations with the Practitioner(s) vide voice or video calls shall not be recorded or broadcast by the User or Mentalhp.me, except with the consent of the User, and shall be used only for the training the Practitioners and educational purposes as mentioned herein.
Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which: (i) was known by the User prior to receiving the confidential information from Mentalhp.me; (b) becomes rightfully known to the User from a third-party source not known (after diligent inquiry) by the User to be under an obligation to Mentalhp.me to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the User in breach of this Agreement; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation.
These Terms of Services are effective unless and until terminated by either You or Mentalhp.me. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use Our Services, or when You cease using Our Website and Our Services.
If You fail to comply, or Mentalhp.me suspects that You have failed, to comply with any term or provision of these Terms of Services, we reserve the right to terminate these Terms of Services at any time without notice. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny access to Our Services (or any part thereof).
In the event of any termination of this Agreement, the User shall promptly and forthwith make payments accrued or due to Mentalhp.me.
Upon termination of this Agreement, any rights or obligations of the User existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of this agreement and such other provisions as specifically identified in this Agreement, shall survive.
For the online consultation services provided by Mentalhp.me, the User pays consultation charges as per the quotation displayed on the Website and/or third-party payment gateway. You will be redirected to a third-party payment gateway where the payment is made along with applicable taxes and other charges (including but not limited to credit cards, debit cards, and internet handling charges, if any) as duly charged by such a third-party payment gateway.
In agreeing with these Terms of Services, You acknowledge that multiple payment options such as debit/credit card, net banking, Unified Payments Interface (UPI), etc are made available at the time of making the transaction. You further agree and acknowledge that Mentalhp.me is not responsible or assumes any liability in respect of any loss or damage arising directly or indirectly to You due to any payment issues arising out of any transaction on the third-party payment gateway.
Mentalhp.me reserves the right, but is not obligated to facilitate and support You, in mutually resolving any transaction failure or such other payment issues faced by You; provided, however, that You ensure and take all reasonable efforts to immediately contact, co-operate with and notify Mentalhp.me regarding the payment issues faced.
Mentalhp.me reserves the right to amend the pricing, pricing bands, or structure in any transaction that falls within respect to this Agreement from time to time for any reason whatsoever. This clause is subject to due notification of the such amendment to the User (direct notification or via Mentalhp.me’s Website) and the User specifically disclaims any and all rights that vest upon him/her under any contract, law, or equity in this regard.
You shall indemnify and hold harmless Mentalhp.me, its owner, licensee, affiliates (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Services, Privacy Policy and other terms and conditions, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of Mentalhp.me and/or third party, including but not limited to any damages caused to the brand image of Mentalhp.me by means of posting wrong/obscene/ deteriorating/decadence posts/video on social media sites/blogs.
IN NO EVENT SHALL MENTALHP.ME BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSE SUCH AS AND/OR RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/OR SIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF SERVICES, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms of Services are also subject to Mentalhp.me’s Privacy Statement, a link to which can be found by selecting “Privacy Policy” in the footer of Mentalhp.me’s Website. The Privacy Policy noticed at https://mentalhp.me/privacy-policy is incorporated into this Agreement by this reference.
Mentalhp.me reserves the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time without any prior written notice to You. We encourage You to regularly refer to these Terms of Service to educate Yourself on any updates.
By agreeing to these Terms of Services, You agree that Your continued use of the Website following the posting of changes means that You accept and agree to the revisions and updates made by Mentalhp.me on its Terms of Services and Privacy Policy.
Your compliance with these Terms of Services grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable.
If the performance of Mentalhp.me’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of Mentalhp.me, or an act of God (each a “Force Majeure Event”), then Mentalhp.me shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that Mentalhp.me shall give prompt notice within a period of seven (7) business days from the date of occurrence of the Force Majeure Event and providing a description to the User of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that Mentalhp.me shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.
If Mentalhp.me’s performance of its obligations under this Agreement is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, Mentalhp.me may terminate these Terms of Services or suspend its Services or use of Website without incurring any charges.
You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.
These Terms of Services are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Website, shall be subject to the jurisdiction of the courts at Delhi, India.
Mentalhp.me offers an email, calling and in-app-based support system. In case You require any assistance or support, You may access support resources or contact Our support by email at arnav@mentalhp.me provides Support on Monday – Friday between the hours of 10 a.m. – 6:00 p.m. IST (except public holidays).
The User agrees and acknowledges that Mentalhp.me shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by Mentalhp.me, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by Mentalhp.me. Any suggestions by Mentalhp.me regarding the use of the Service shall not be construed as a warranty.
In furtherance of the Consumer Protection Act 2019 (“Consumer Protection Act”) and the Consumer Protection (E- Commerce) Rules 2020 (“E-Commerce Rules”) a nodal officer is appointed to ensure compliance with the Consumer Protection Act and the E-Commerce Rules.
The details of the grievance officer to which consumer grievances can be redressed are as follows;
Name: Arnav Sharma
Contact Details:9540660333
Mentalhp.me shall revert to every complaint within 48 hours of receipt of the complaint. Further, Mentalhp.me shall take the best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Mentalhp.me regarding the use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that Mentalhp.me shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by Mentalhp.me, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by Mentalhp.me. Any suggestions by Mentalhp.me regarding use of the Service shall not be construed as a warranty.
In accordance with the Information Technology Act 2000, Information Technology (Intermediary Guidelines) Rules, 2011 and rules made there under, if a User has any questions concerning the Platform, this Agreement, the Services, or anything related to any of the foregoing, the name and contact details of the Grievance Officer are provided below.
Name: Arnav Sharma
Phone: 9540660333
Email: arnav@mentalhp.me
The grievance officer shall revert to every complaint within 24 hours of receipt of the complaint. Further, Mentalhp.me shall take the best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Mentalhp.me regarding the use of the Services shall not be construed as a warranty.
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