This document is an electronic record in terms of
- Information Technology Act, 2000
- The rules framed there under as applicable; and
- The amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Mind Solace, a division of Mantra Psychological Services Pvt. Ltd, a Company incorporated under the law of India and having its registered office at A-179, Shivalik, Malviya Nagar, New Delhi provides the following web-based/mobile based services on its platform, to prospective clients (hereinafter referred to as "The Clients").
- The platform provides the following services through its website and application:
- Online counselling sessions to the Clients with Medical Consultants who are registered with Mind Solace and whose details have been uploaded by Mind Solace on its website.
- Providing link between the Clients and the Consultants
- Such counselling sessions shall take place as per the scheduled appointment directly agreed between the Client and the Consultant; The term “Consultants” shall include and refer to individual medical practioners and mental health professionals registered with the Platform and would include their employees, agents or independent contractors.
- In addition to the health services as referred to above, the Clients may also avail of certain other special services called “Premium Services”. Premium Services would mean and include relaxation resources, sleep assistance and the like. Such services would not include medical or health care services.
- The Clients:
- Any person desirous of availing the services on the Platform may sign up on the website.
- Upon such signing up, the Clients shall be deemed to confirm that they have read and agree to the Terms and Conditions, of their free will and without any coercion.
- It is mandatory for the client to be above the age of 18(eighteen) years to sign up on the website. Mind Solace reserves the right to terminate the account of any person anytime who is below the age of 18(eighteen). Parents/Guardians consent is a must for any client under the age of 18 years who wants to seek help through Mind Solace. Parents should give consent by emailing it on email@example.comß with a valid Indian phone number, which will be double checked by Mind Solace.
- These Terms and Conditions are subject to change or modify by Mind Solace, without notice. The Clients are responsible for regularly updating themselves of the Terms & Conditions, by reviewing them periodically.
- Registration of Consultants:
The Consultants may get themselves registered with the Platform by using any of their personal email ids. Upon registering with the Platform, the Consultants will be provided with the profile pages, so as to enable them to post their relevant information about their education, training experience and area of specialisation. The consultants are advised to provide accurate and complete information in the consultant’s profile and promptly update the Registration Data provided to Mind Solace to keep it current and complete.
The consultants & Mental Health Professionals registered on the platform are solely and exclusively responsible for the content of their respective Consultant profile and Mind Solace expressly disclaims any liability for the content of the consultant’s profile. Mind Solace can only ensure that qualified Consultants are enlisted on the platform.
- Access to and use of Platform by the Clients:
- The Clients by accessing the website and paying Mind Solace the appropriate fee, shall be entitled to avail of the services available on the Platform, subject to the applicable Terms & Conditions.
- The website/The Platform:
- The Platform contains the details provided by the Consultants who are registered and who have agreed to provide healthcare and other services, as provided herein.
- Mind Solace verifies the credentials or the accuracy or expertise or skills and capacity of the Consultants as detailed by them, however the clients should accredit of such factors on their own to avoid any discrepancy.
- The Consultants who are registered on this Platform have represented to Mind Solace and to the Clients that they possess the requisite qualification and experience, statutory permission or license related to their fields or practice. Mind Solace is not responsible for any claims that arise in the future.
- The Consultants have agreed to Mind Solace that they shall not withdraw their services on this Platform not earlier than 30 days of their intention to do so. Upon such decision, they shall stop accepting new Clients on the Platform and need to send in writing to firstname.lastname@example.org their intention to stop providing services through Mind Solace.
- Client-Consultant Contact:
- A Client accessing the Platform shall have access to the services provided by the various Consultants.
- The Client may choose the service from a particular Consultant, by checking the appropriate sign on the application.
- By establishing the contact and access as above, a Client shall have agreed to avail of the particular service from a specific Consultant as chosen by him. Such a contact once established, is final and binding on the Client and cannot be reversed or cancelled.
- The Client agrees:
- not to disrupt or interfere with the security of or otherwise abuse the website and mobile application.
- not to disrupt or interfere with any other user’s access of the website.
- not to upload, post, or otherwise transmit through or on this website any viruses or other harmful, disruptive or destructive files.
- not to divulge his/her username and password to others either on or off the website.
- Representations and Obligations of Consultants:
- To respond to a Client within a reasonable time but in no event more than one business day after receiving client’s request for appointment.
- To hold any information provided by a Client in strict confidence and not to disclose it to any third party.
- The Consultants shall indemnify and hold indemnified Mind Solace for any adverse result arising from treatment of a Client through this Platform.
- Clients’ Representation and Indemnity
- The Client represents and warrants that he/she shall use the services of a Consultant chosen by him/her on this Platform, at their sole risk and cost and in any case, they shall indemnify and hold Mind Solace harmless of any claim or loss or damage arising from the services availed by him/her from a Consultant through this Platform.
- Disclaimer and Rights of Mind Solace
- Mind Solace does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness or usefulness of third party contents and disclaims all liabilities arising from or related to third party content including but not limited to any information pertaining to any consultant. Further, Mind Solace does not in any manner endorse or guarantee the quality of counselling sessions provided by any consultant registered with our platform.
The client acknowledges and agrees that the entire risk arising out of your use of the website, platform, mobile App and or of availing any services remains solely with him/her.
- The Mind Solace shall not be liable for any failure or deficiency in the services provided by a Consultant to a Client.
- The Mind Solace shall have the right to deny access to any one if in the opinion of the Mind Solace, such person has violated any of the agreed Terms and Conditions or otherwise has acted in a manner contrary to law or applicable regulations.
- The Mind Solace shall have the right to deny access to anyone who it considers as undesirable for accessing this Platform.
- Limitation of Liability:
Mind Solace only connects the Client to the consultants & Mental Health Professionals for the purpose of providing service but do not assess the suitability, legality or ability of any consultant. In no case Mind Solace shall be liable for any direct or indirect, incidental, special or consequential damages of any kind. The clients expressly waive and release Mind Solace from any of the liabilities arising from or in any way related to the Consultants.
Mind Solace will not be party to any disputes, negotiations of disputes including but not limited to payment between the client and the consultants.
- Payment Terms:
- The Client on establishing access to this Platform, shall pay forthwith to Mind Solace the requisite fee/charges for such access. The Client shall, in addition, agree to bear all taxes/duties leviable thereon.
- The Client shall also be liable to pay the Consultant for the service availed of, before availing of such service on each counselling session on agreed hourly rates. Such fee shall be exclusive of any taxes/duties as may be leviable thereon, which shall be borne by the Client.
- Upon realisation of payment from a Client, Mind Solace shall make necessary payment to the Consultant within such time as separately agreed to the Consultant.
- While making payment to the Consultant, Mind Solace shall have the right to withhold any taxes at source, as may be statutorily required.
- Proper and timely payment by a Client to Mind Solace shall discharge the liability of the Client to the Consultant.
- Intellectual Property Rights:
- All intellectual property rights (including but not limited to trade mark, copyright, patent, service mark etc.) and other proprietary rights in and in relation to any platform including without limitation any derivatives improvements or modifications whose ownership is directly attributable to Mind Solace (expressly excluding any information which belongs to the consultants, clients, other third party) shall vest wholly, completely and fully with Mind Solace throughout the territory of the world and the consultants/clients shall have no right to claim on such intellectual property in any manner whatsoever. The content of any document cannot be copied, modified, distributed, reproduced, republished, downloaded, displayed, transmitted or sold in any form or by any means of in whole or in parts without the prior written permission of Mind Solace.
- Mind Solace may discontinue, suspend or terminate the client’s/consultant’s right to use the service or platform at any time in case of breach of any of these terms at its sole discretion and without prior notice to them. After such termination, Mind Solace will have no further obligation to provide the service except to the extent of providing an access to the health record.
Any suspension, termination or cancellation will not affect the client’s obligation to Mind Solace under these terms which by their nature survive on such suspension, termination or cancellation.
- Governing Law & Jurisdiction:
- These terms shall be governed by and construed under the laws of India and the courts of Delhi shall have exclusive jurisdiction.