Terms Of Use
Mindpeers India Private Limited, on behalf of itself and its affiliates/group companies under the brand "Mindpeers" (“Mindpeers”), is the author and publisher of the internet resource www.mindpeers.co and on the world wide web as well as the software and applications provided by
Mindpeers, including but not limited to the mobile application(s), Mobile Website, the other associated/ancillary applications, products, websites, and Mindpeers Platform managed by Mindpeers (together with the Website, referred to as the “Mindpeers Platform”).
1. NATURE AND APPLICABILITY OF TERMS
1.1. Please carefully go through these Terms of Use (“Terms”) and the privacy policy
available at https://mindpeers.co/privacy-policy (“Privacy Policy”) before you decide
to access the Website or avail the services from the Mindpeers Platform made
available on the Website by Mindpeers. These Terms and the Privacy Policy together
constitute a legal agreement (“Agreement”) between you and Mindpeers in
connection with your visit to the Website and your use of the Mindpeers Platform (as
defined below).
1.2. The Agreement applies to you whether you are:
1.2.1. Mental Health Care Professionals or other health care service providers (such
as a psychologist, Practitioner, life coach, etc.) (whether an individual
professional or an organization) or similar institution wishing to be listed, or
already listed, on the Website, including designated, authorized associates of
such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
1.2.2. A Consumer /Client, his/her representatives, or affiliates, searching for
Practitioners through the Website (“End-User”, “you” or “User”); or
1.2.3. Otherwise a user of the Website (“you” or “User”).
1.3. This Agreement applies to those services made available by Mindpeers on the
Website, which may be offered free of charge and/or for valuable consideration to the
Users (“Mindpeers Platform”), including the following:
1.3.1. For Practitioners: Listing of Practitioners and their profiles and contact
details, to be made available to the other Users and visitors to the Website;
1.3.2. For other Users: Facility to (i) create and maintain ‘User Accounts’, (ii) search
for Practitioners by name, specialty, and geographical area, or any other
criteria that may be developed and made available by Mindpeers, (iii) to make
sessions with Practitioners and (iv) view and use tools and resources made
available on the Platform.
1.4. The Mindpeers Platform may change from time to time, at the sole discretion of
Mindpeers and the Agreement will apply to your visit to and your use of the Website
to avail of the Service, as well as to all information provided by you on the Website at
any given point in time.
1.5. This Agreement defines the Terms of Use under which you are allowed to use the
Mindpeers Platform and describes the manner in which we shall treat your account
while you are registered as a member with us. If you have any questions about any
part of the Agreement, feel free to contact us at hello@Mindpeers.co.
1.6. By downloading or accessing the Website to use the Mindpeers Platform, you
irrevocably accept all the conditions stipulated in this Agreement, the Subscription
Terms of Service and Privacy Policy, as available on the Website, and agree to abide by
them. This Agreement supersedes all previous oral and written Terms of Use (if any)
communicated to you relating to your use of the Website to avail the Mindpeers
Platform. By availing of any Service, you signify your acceptance of the terms of this
Agreement.
1.7. We reserve the right to modify or terminate any portion of the Agreement for any
reason and at any time, and such modifications shall be informed to you in writing
You should read the Agreement at regular intervals. Your use of the Website following
any such modification constitutes your agreement to follow and be bound by the agreement so modified.
1.8. You acknowledge that you will be bound by this Agreement for availing of any of the
services offered by us. If you do not agree with any part of the Agreement, please do
not use the Website, or avail of any services through the Mindpeers Platform.
1.9. Your access to the use of the Website and the Mindpeers Platform will be solely at the
discretion of Mindpeers.
1.10. The Agreement is published in compliance of and is governed by the provisions of
Indian law, including but not limited to:
1.10.1. the Indian Contract Act, of 1872,
1.10.2. the (Indian) Information Technology Act, 2000, and
1.10.3. the rules, regulations, guidelines, and clarifications framed thereunder,
including the (Indian) Information Technology (Reasonable Security Practices
and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI
Rules”), and the (Indian) Information Technology (Intermediaries Guidelines)
Rules, 2011 (the “IG Rules”).
2. CONDITIONS OF USE
2.1. You must be 18 years of age or older to register, use the Mindpeers Platform, or visit
or use the Website in any manner. By registering, visiting and using the Website or
accepting this Agreement, you represent and warrant to Mindpeers that you are 18
years of age or older and that you have the right, authority and capacity to use the
Website and the Mindpeers Platform available through the Website, and agree to and
abide by this Agreement.
2.2. If you use the Mindpeers Platform on behalf of someone else (such as your child,
minor, ward or employee) or an entity (such as your employer), you represent that you
are authorised by such individual or entity to (i) accept this privacy policy on such
individual’s or entity’s behalf, and (ii) consent on behalf of such individual or entity to
our collection, use and disclosure of such individual’s or entity’s information as
described in this privacy policy.
2.3. Corporate User: Mindpeers may make available certain features and tools that permit
certain Users (for example Corporate Organizations, Offices, Factories, Schools, etc.) to
work with their Employees and other Users through the Mindpeers Platform in order
to provide such user with Personalized Content, Workshops, Therapies, Science-based
Assistance Program with Metrics to Measure Your Organization’s Mental Health
(“Corporate User”). If You are a Corporate User, you must use Mindpeers registration
the process as applicable to Business Users from time to time. If You are a Corporate User
and You register an account for an employee, You represent and warrant that You
have received express consent from such employee for You to register them on
Mindpeers Platform. Without limiting the foregoing, you further agree to be bound
by these terms on behalf of such user.
3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
3.1. The terms in this Clause 3 apply only to Users other than Practitioners.
3.2. End-User Account And Data Privacy
3.2.1. The terms “Personal Information” and “Sensitive Personal Data or
Information” are defined under the SPI Rules and are reproduced in the
Privacy Policy.
3.2.2. Mindpeers may through the Mindpeers Platform, collect information relating
to the devices through which you access the Website and anonymous data of
your usage. The collected information will be used only for improving the
quality of Mindpeers Platform and to build new features and services.
3.2.3. The Website allows Mindpeers to have access to registered Users’ email or
phone number, for communication purpose so as to provide you with a better
way of booking sessions and for obtaining feedback in relation to the
Practitioners and their practice.
3.2.4. The Privacy Policy sets out, inter-alia:
(a) The type of information collected from Users, including sensitive
personal data or information;
(b) The purpose means and modes of usage of such information;
(c) How and to whom Mindpeers will disclose such information; and,
(d) Other information mandated by the SPI Rules.
3.2.5. The User is expected to read and understand the Privacy Policy, so as to
ensure that he or she has the knowledge of, inter-alia:
(a) the fact that certain information is being collected;
(b) the purpose for which the information is being collected;
(c) the intended recipients of the information;
(d) the nature of collection and retention of the information; and
(e) the name and address of the agency that is collecting the information
and the agency that will retain the information; and
(f) the various rights available to such Users in respect of such
information.
3.2.6. Mindpeers shall not be responsible in any manner for the authenticity of the
personal information or sensitive personal data or information supplied by
the User to Mindpeers or any other person acting on behalf of Mindpeers.
3.2.7. The User is responsible for maintaining the confidentiality of the User’s
account access information and password if the user is registered on the
Mind Peers Platform. The User shall be responsible for all usage of the User’s
account and password, whether or not authorized by the User. The User shall
immediately notify Mindpeers of any actual or suspected unauthorized use of
the User’s account or password. Although Mindpeers will not be liable for
your losses caused by any unauthorized use of your account, you may be
liable for the losses of Mindpeers or such other parties as the case may be,
due to any unauthorized use of your account.
3.2.8. If a User provides any information that is untrue, inaccurate, not current or
incomplete (or becomes untrue, inaccurate, not current or incomplete), or
Mindpeers has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Mindpeers has the right to
discontinue the access of the Mindpeers Platform to the User at its sole
discretion.
3.2.9. Mindpeers may use such information collected from Users from time to time
for the purposes of debugging customer support related issues.
3.2.10. Integrated Service: Mindpeers may permit You to register for the Mindpeers
Platform through, or otherwise associate Your Mindpeers account with,
certain third-party social networking or integrated services, such as Facebook
and Google etc (“Integrated Service”). By registering for Mindpeers Platform
using (or otherwise granting access to) an Integrated Service, You agree that
Mindpeers may access Your Integrated Service’s account information. You
agree that any Integrated Service is a Reference Site (as defined below) and
You are solely responsible for Your interactions with the Integrated Service as
a result of accessing the Mindpeers Platform through the Integrated Service.
Mindpeers does not control the practices of Integrated Services, and You are
advised to read the Privacy Policy and Terms of Use of any Integrated Service
that You use to understand their practices.
3.3. Relevance Algorithm: Mindpeers relevance algorithm for the Practitioners is a fully
automated system that lists the Practitioners, their profile and information regarding
their Practice on its Website. These listings of Practitioners do not represent any fixed
objective ranking or endorsement by Mindpeers. Mindpeers will not be liable for any
change in the relevance of the Practitioners on search results, which may take place
from time to time. The listing of Practitioners will be based on automated
computation of the various factors including inputs made by the Users including their
comments and feedback. Such factors may change from time to time, in order to
improve the listing algorithm. Mindpeers in no event will be held responsible for the
accuracy and the relevancy of the listing order of the Practitioner s on the Website.
3.4. Listing Content And Disseminating Information
3.4.1. Mindpeers collects, directly or indirectly, and displays on the Website, relevant
information regarding the profile and practise of the Practitioners listed on
the Website, such as their specialization, qualification, fees, location, visiting
hours, and similar details. Mindpeers takes reasonable efforts to ensure that
such information is updated at frequent intervals. Although Mindpeers
screens and vets the information and photos submitted by the Practitioners, it
cannot be held liable for any inaccuracies or incompleteness represented
from it, despite such reasonable efforts.
3.4.2. Mindpeers Platform is provided on an "as is" and “as available’ basis, and
without any warranties or conditions (express or implied, including the
implied warranties of merchantability, accuracy, fitness for a particular
purpose, title and non-infringement, arising by statute or otherwise in law or
from a course of dealing or usage or trade). Mindpeers does not provide or
make any representation, warranty, or guarantee, express or implied about
the Website or the Mindpeers Platform. Mindpeers does not guarantee the
accuracy or completeness of any content or information provided by Users on
the Website. To the fullest extent permitted by law, Mindpeers disclaims all
liability arising out of the User’s use or reliance upon the Website, the
Services, representations and warranties made by other Users, the content or
information provided by the Users on the Website, or any opinion or
suggestion given or expressed by Mindpeers or any User in relation to any
User or services provided by such User.
3.4.3. The website may be linked to the website of third parties, affiliates, and
business partners. Mindpeers has no control over, and not liable or
responsible for content, accuracy, validity, reliability, quality of such websites
or made available by/through our Website. Inclusion of any link on the
Website does not imply that Mindpeers endorses the linked site. User may
use the links and these services at User’s own risk.
3.4.4. Mindpeers assumes no responsibility, and shall not be liable for, any damages
to, or viruses that may infect User’s equipment on account of User’s access to,
use of, or browsing the Website or the downloading of any material, data,
text, images, video content, or audio content from the Website. If a User is
dissatisfied with the Mindpeers Platform, User’s sole remedy is to discontinue
using the Mindpeers Platform.
3.4.5. If Mindpeers determines that you have provided fraudulent, inaccurate, or
incomplete information, including through feedback, Mindpeers reserves the
right to immediately suspend your access to the Mindpeers Platform or any
of your accounts with Mindpeers and makes such declaration on the
Mindpeers Platform alongside your name/your practice name as determined
by Mindpeers for the protection of its business and in the interests of Users.
You shall be liable to indemnify Mindpeers for any losses incurred as a result
of your misrepresentations or fraudulent feedback that has adversely affected
Mindpeers or its Users.
3.5. Booking A Consultation
3.5.1. Mindpeers enables Users to connect with Practitioners through (a) Book Now
facility that allows Users book a Consultation through the Mindpeers
Platform; (b) Scheduling a Consultation over a phone call or SMS or
WhatsApp; (c) tele-consultation services (chat, audio and video) which
connect Users directly to the Practitioners through the Mindpeers Platform.
3.5.2. If a User has scheduled the consultation over a phone call or SMS or
WhatsApp, and/or availed tele-consultation services(chat, audio or video),
Mindpeers reserves the right to share the information provided by the User
with the Practitioner and store such information and/or tele-consultation of
the User with the Practitioners, in accordance with our Privacy Policy.
3.5.3. Without prejudice to the generality of the above, Mindpeers is acting as a
mere facilitator and is not involved in providing any healthcare or medical
advice or diagnosis and hence is not responsible for any interactions between
User and Practitioners. User understands and agrees that Mindpeers will not
be liable for:
(a) User interactions and associated issues User has with the
Practitioners;
(b) the ability or intent of the Practitioners or the lack of it, in fulfilling
their obligations towards Users;
(c) any wrong medication or quality of treatment being given by the
Practitioners, or any negligence (medical or otherwise) on part of the
Practitioners;
(d) inappropriate treatment, similar difficulties, or any type of
inconvenience suffered by the User due to a failure on the part of the
Practitioners to provide agreed services;
(e) any misconduct or inappropriate behavior by the Practitioners or
their respective staff;
(f) cancellation or no-show by the Practitioner or rescheduling of booked
appointment or any variation in the fees charged, provided these
have been addressed under, Mindpeers Guarantee Program.
3.5.4. All End Users, as well as the Practitioner cancellations, no show, rescheduling,
shall be strictly dealt with Mindpeers rescheduling, refund & cancellation
policy
3.5.5. Users are allowed to provide feedback about their experiences with the
Practitioner, however, the User shall ensure that the same is provided in
accordance with applicable law. The user, however, understands that
Mindpeers shall not be obliged to act in such manner as may be required to
give effect to the content of Users' feedback, such as suggestions for delisting
of a particular Practitioner from the Website.
3.6. Rescheduling, Refund & Cancellation Policy
3.6.1. A minimum of 24 hours' notice is required for rescheduling or cancellation of
an appointment. Without such notification, fees will be charged to the Users
as follows:
(a) Cancellations within 24 hours of the appointment: 100% of the fee
payable for the session.
(b) No‐shows (missed appointment without notification): 100% of the fee
payable for the session.
(c) The Client may avoid a cancellation or no‐show fee if the Parties are
able to reschedule within the same week as dictated by the
Practitioner schedule and availability.
3.6.2. In case of cancellation by the Practitioner, or in the event, the Practitioner with
whom User has booked a paid session via the Mindpeers Platform, has not
been able to meet the User, the User will need to write to us at
hello@Mindpeers.co within five (5) days from the occurrence of such an event; in
which case, 100% fee paid for the session shall be refunded to the User within
the next six (6) business days in the original mode of payment done by the
User while booking, or alternatively, the Practitioner shall adjust the fee paid
towards a rescheduled session, as agreed to between the parties.
3.6.3. To cancel or reschedule a session the User shall do so by logging into the
Mindpeers Platform and/or write an email at (hello@mindpeers.co), any
notification or communication beyond office hours (10 am to 6 pm) shall be
treated to be made the subsequent day.
3.6.4. Users will not be entitled to any refunds in cases where, the Practitioner is
unable to meet the User at the exact time of the scheduled appointment time
and the User is required to wait, irrespective of the fact whether the User is
required to wait or choose to not obtain the medical Mindpeers Platform
from the said Practitioner.
3.7. No Doctor-Patient Relationship; Not for Emergency Use
3.7.1. Please note that some of the content, text, data, graphics, images,
information, suggestions, guidance, and other material (collectively,
“Information”) that may be available on the Website (including information
provided in direct response to your questions or postings) may be provided
by individuals who are Mental Health Care Professionals. The provision of
such Information does not create a licensed medical professional/patient
relationship, between Mindpeers and you and does not constitute an opinion,
medical advice, or diagnosis or treatment of any particular condition, but is
only provided to assist you with locating appropriate mental health care
services from a qualified professional.
3.7.2. It is hereby expressly clarified that the Information that you obtain or receive
from Mindpeers, and its employees, contractors, partners, sponsors,
advertisers, licensors or otherwise through the Mindpeers Platform is for
INFORMATIONAL PURPOSES ONLY. We make no guarantees,
representations, or warranties, whether expressed or implied, with respect to
professional qualifications, quality of work, expertise or other information
provided on the Website. In no event shall we be liable to you or anyone els e
for any decision made or action taken by you in reliance on such information.
3.7.3. The Mindpeers Platform is not for use in medical emergencies or critical health
situations requiring prompt medical attention. If you are considering or
contemplating suicide or feel that you are a danger to yourself or others, you
must immediately, call 112, The Platform is not intended to be real-time and
does not deal in emergencies. If you think you have a medical or mental health
emergency, please call, or go to the nearest open hospital or clinic or
emergency services.
3.8. Reviews And Feedback
3.8.1. By using this Website, you agree that any information shared by you with
Mindpeers or with any Practitioner will be subject to our Privacy Policy.
3.8.2. You are solely responsible for the content that you choose to submit for
publication on the Website, including any feedback, ratings, or reviews
(“Critical Content”) relating to Practitioners or other healthcare professionals.
The role of Mindpeers in publishing Critical Content is restricted to that of an
‘intermediary’ under the Information Technology Act, 2000. Mindpeers
disclaims all responsibility with respect to the content of Critical Content, and
its role with respect to such content is restricted to its obligations as an
‘intermediary’ under the said Act. Mindpeers shall not be liable to pay any
consideration to any User for re-publishing any content across any of its
platforms.
3.8.3. Your publication of reviews and feedback on the Website is governed by
Clause 8 of these Terms. Without prejudice to the detailed terms stated in
Clause 8, you hereby agree not to post or publish any content on the Website
that (a) infringes any third-party intellectual property or publicity or privacy
rights, or (b) violates any applicable law or regulation, including but not
limited to the IG Rules and SPI Rules. Mindpeers, at its sole discretion, may
choose not to publish your reviews and feedback, if so, required by applicable
law, and in accordance with Clause 8 of these Terms. You agree that
Mindpeers may contact you through telephone, email, SMS, or any other
electronic means of communication for the purpose of:
(a) Obtaining feedback in relation to the Website or Mindpeers Platform;
and/or
(b) Obtaining feedback in relation to any Practitioners lis ted on the
Website; and/or
(c) Resolving any complaints, information, or queries by Practitioners
regarding your Critical Content;
(d) and you agree to provide your fullest co-operation further to such
communication by Mindpeers.
4. TERMS OF USE PRACTITIONERS: The terms in this Clause 4 apply only to Practitioners.
4.1. Listing Policy
4.1.1. Mindpeers, directly and indirectly, collect information regarding the
Practitioners’ profiles, contact details, and practice. Mindpeers reserves the
right to take down any Practitioner’s profile as well as the right to display the
profile of the Practitioners, with or without notice to the concerned
Practitioner. This information is collected for the purpose of facilitating
interaction with the End-Users and other Users. If any information displayed
on the Website in connection with you and your profile is found to be
incorrect, you are required to inform Mindpeers immediately to enable
Mindpeers to make the necessary amendments.
4.1.2. Mindpeers shall not be liable and responsible for the ranking of the
Practitioners on external websites and search engines
4.1.3. Mindpeers shall not be responsible or liable in any manner to the Users for
any losses, damage, injuries or expenses incurred by the Users as a result of
any disclosures or publications made by Mindpeers, where the User has
expressly or implicitly consented to the making of disclosures or publications
by Mindpeers. If the User had revoked such consent under the terms of the
Privacy Policy, then Mindpeers shall not be responsible or liable in any
manner to the User for any losses, damage, injuries, or expenses incurred by
the User as a result of any disclosures made by Mindpeers prior to its actual
receipt of such revocation.
4.1.4. Mindpeers reserves the right to moderate the suggestions made by the
Practitioners through feedback and the right to remove any abusive or
inappropriate or promotional content added on the Website. However,
Mindpeers shall not be liable if any inactive, inaccurate, fraudulent, or nonexistent profiles of Practitioners are added to the Website.
4.1.5. Practitioners explicitly agree that Mindpeers reserves the right to publish the
Content provided by Practitioners to a third party including content
platforms.
4.1.6. You as a Practitioner hereby represent and warrant that you will use the
Mindpeers Platform in accordance with applicable law. Any contravention of
applicable law as a result of your use of these Mindpeers Platforms is your sole
responsibility, and Mindpeers accepts no liability for the same.
4.2. Profile Ownership And Editing Rights
4.2.1. Mindpeers ensures easy access to the Practitioners by providing a tool to
update your profile information. Mindpeers reserves the right of ownership of
all the Practitioner’s profile and photographs and to moderate the changes or
updates requested by Practitioners. However, Mindpeers takes the
independent decision of whether to publish or reject the requests submitted for
the respective changes or updates. You hereby represent and warrant that
you are fully entitled under law to upload all content uploaded by you as part
of your profile or otherwise while using Mindpeers Platform and that no such
content breaches any third party rights, including intellectual property rights.
Upon becoming aware of a breach of the foregoing representation,
Mindpeers may modify or delete parts of your profile information at its sole
discretion with or without notice to you.
4.3. Reviews And Feedback Display Rights Of Mindpeers
4.3.1. All Critical Content is content created by the Users of
www.Mindpeers.co (“Website”), including the End-Users. As a platform,
Mindpeers does not take responsibility for Critical Content and its role with
respect to Critical Content is restricted to that of an ‘intermediary’ under the
Information Technology Act, 2000. The role of Mindpeers and other legal
rights and obligations relating to the Critical Content are further detailed in
Clauses 3.8 and 8 of these Terms.
4.3.2. Mindpeers reserves the right to collect feedback and Critical Content for all
the Practitioners listed on the Website.
4.3.3. Mindpeers shall have no obligation to pre-screen, review, flag, filter, modify,
refuse, or remove any or all Critical Content from any Service, except as
required by applicable law.
4.3.4. You understand that by using the Mindpeers Platform you may be exposed to
Critical Content or other content that you may find offensive or objectionable.
Mindpeers shall not be liable for any effect on the Practitioner’s business due
to Critical Content of a negative nature. In these respects, you may use the
Mindpeers Platform at your own risk. Mindpeers however, as an ‘intermediary,
takes steps as required to comply with applicable law as regards the
publication of Critical Content. The legal rights and obligations with respect
to Critical Content and any other information sought to be published by
Users are further detailed in Clauses 3.8 and 8 of these Terms.
4.3.5. Mindpeers will take down information under standards consistent with
applicable law and shall in no circumstances be liable or responsible for
Critical Content, which has been created by the Users. The principles set out
in relation to third-party content in the terms of Service for the Website shall
be applicable mutatis mutandis in relation to Critical Content posted on the
Website.
4.3.6. If Mindpeers determines that you have provided inaccurate information or
enabled fraudulent feedback, Mindpeers reserves the right to immediately
suspend any of your accounts with Mindpeers and makes such declaration on
the website alongside your name/your clinics name as determined by
Mindpeers for the protection of its business and in the interests of Users.
4.4. Relevance Algorithm: Mindpeers has designed the relevance algorithm in the best
interest of the End-User and may adjust the relevance algorithm from time to time to
improve the quality of the results given to the End Users. It is a pure merit driven, the
proprietary algorithm which cannot be altered for specific Practitioners. Mindpeers
shall not be liable for any effect on the Practitioner’s business interests due to the
change in the Relevance Algorithm.
4.5. Practitioner Undertaking
4.5.1. The Practitioner is duly registered, licensed, and qualified to provide mental
health care, wellness services, as per applicable laws/ regulations/ guidelines
set out by competent authorities and the Practitioner shall not be part of any
the arrangement which will prohibit him/her from providing Mental Health care
Services within the territory of India. The Practitioner shall at all times ensure
that all the applicable laws that govern the Practitioner shall be followed and
utmost care shall be taken in terms of the consultation/ services being
rendered.
4.5.2. The Practitioner possesses the appropriate and current level of training,
expertise, and experience to provide Mental Healthcare Services in a
professional manner with due skill, care, and diligence
4.5.3. The Practitioner shall maintain high standards of professionalism, service, and
courtesy
4.5.4. The Practitioner understands that the Practitioner is fully liable for any
violation of any local laws and regulations as may arise from providing Mental
Healthcare Services.
4.6. Usage In Promotional & Marketing Materials
4.6.1. In recognition of the various offerings and services provided by Mindpeers to
Practitioner, Practitioner shall (subject to its reasonable right to review and
approve): (a) allow Mindpeers to include a brief description of the services
provided to Practitioners in Mindpeers marketing, promotional, and advertising
materials; (b) allow Mindpeers to make reference to Practitioner in case
studies, and related marketing materials; (c) serve as a reference to Mindpeers
existing and potential clients; (d) provide video logs, testimonials, e-mailers,
banners, interviews with the news media, and providing quotes for press releases;
(e) make presentations at conferences; and/or (f) use the Practitioner’s name
and/or logo, brand images, tag lines, etc., within product literature, e-mailers,
press releases, social media, and other advertising, marketing and
promotional materials.
5. MINDPEERS FEED
5.1. These Terms of Use governing Mindpeers Self Care Tools/ Mental Health Gym / ‘Vent
Out’ Wall /Blog and other online resources (“Mindpeers Feed”) apply to Users (being
both end-users/Practitioners).
5.2. Mindpeers Feed is an online content platform available on the Website, wherein
Practitioners who have created a Mindpeers profile can log in and post health and
wellness-related content.
5.3. Practitioners can use Mindpeers Feed by logging in from their account, creating
original content comprising text, audio, video, images, data, or any combination of
the same (“Content”), and uploading said Content to Mindpeers Platform. Mindpeers
shall post such Content to Mindpeers Feed at its option and subject to these Terms of
Use. The Content uploaded via Mindpeers Feed does not constitute medical advice
and may not be construed as such by any person.
5.4. Practitioners acknowledge that they are the original authors and creators of any
Content uploaded by them via Mindpeers Feed and no Content uploaded by
them would constitute an infringement of the intellectual property rights of any other
person. Mindpeers reserves the right to remove any Content which it may determine
at its discretion as violating the intellectual property rights of any other person,
including but not limited to patent, trademark, copyright, or other proprietary rights.
Practitioner agrees to absolve Mindpeers from and indemnify Mindpeers against all
claims that may arise as a result of any third party intellectual property right claim
that may arise from the Practitioner’s uploading of any Content on the Mindpeers
Feed.
5.5. Practitioner hereby assigns to Mindpeers, in perpetuity and worldwide, all intellectual
property rights in any Content created by the User and uploaded by the User via
Mindpeers Feed.
5.6. Mindpeers shall have the right to edit or remove the Content and any comments in
such manner as it may deem Mindpeers Feed at any time.
5.7. The Practitioner shall ensure that the Content or any further responses to the Content
(including responses to Users) is not harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, or libelous in any manner. Further, Practitioner
should ensure that the Content is not invasive of any other person’s privacy, or
otherwise contains any elements that are hateful, racially, or ethnically objectionable,
disparaging, or otherwise unlawful in any manner whatever. Mindpeers reserves the
right to remove any Content which it may determine at its discretion is violative of
these Terms of Use or any law or statute in force at the time. Also, the Practitioner
agrees to absolve Mindpeers from and indemnify Mindpeers against all claims that
may arise as a result of any legal claim arising from the nature of the Content posted
by the Practitioner on Mindpeers Feed.
5.8. A practitioner shall ensure that no portion of the Content is violative of any law for
the time being in force.
5.9. A practitioner shall ensure that the Content is not threatening the unity, integrity,
defense, security, or sovereignty of India, friendly relations with foreign states, or
public order. Further, the Practitioner shall ensure that the Content will not cause
incitement to the commission of any cognizable offense or prevent investigation of
any offense or insult to any other nation.
5.10. User may also use Mindpeers Feed in order to view original content created by
Practitioners and to create and upload comments on such Content (where allowed).
Furthermore, the Users may utilize the Mindpeers Feed to vent out their thoughts and
feeling anonymous or otherwise, communicate with other users on a peer-to-peer
level, indulge in conversations with Practitioners, etc. (“User Content”)
5.11. User acknowledges that the User Content reflects the views and opinions of the
authors of such Content and does not necessarily reflect the views of Mindpeers.
5.12. User agrees that the Content they access on Mindpeers Feed does not in any way
constitute advice and that the responsibility for any act or omission by the User
arising from the User’s interpretation of the Content, is solely attributable to the User.
The User agrees to absolve Mindpeers from and indemnify Mindpeers against all
claims that may arise as a result of the User’s actions resulting from the User’s viewing
of Content on Mindpeers Feed.
5.13. User acknowledges that all intellectual property rights in the User Content on
Mindpeers Feed vests with Mindpeers. The User agrees not to infringe upon
Mindpeers intellectual property by copying or plagiarizing content on Mindpeers
Feed. Mindpeers reserves its right to initiate all necessary legal remedies available to
them in case of such an infringement by the User. Also, User Content will be the sole
intellectual property of Mindpeers. The User agrees not to post User Content that
would violate the intellectual property of any third party, including but not limited to
patent, trademark, copyright, or other proprietary rights. Mindpeers reserves the right
to remove any User Content which it may determine at its discretion as violating the
intellectual property rights of any third party. The User agrees to absolve Mindpeers
from and indemnify Mindpeers against all claims that may arise as a result of any
third party intellectual property right claim that may arise from the User Content.
5.14. User shall ensure that the User Content is not harmful, harassing, blasphemous,
defamatory, obscene, pornographic, paedophilic, or libelous in any manner. Further,
User should ensure that the User Content is not invasive of any other person’s privacy,
or otherwise contains any elements that are hateful, racially, or ethnically
objectionable, disparaging, or otherwise unlawful in any manner whatever. Mindpeers
reserves the right to remove any Content which it may determine at its discretion is
violative of these Terms of Use or any law or statute in force at the time Also, the User
agrees to absolve Mindpeers from and indemnify Mindpeers against all claims that
may arise as a result of any legal claim arising from the nature of the User Content.
5.15. User shall ensure that the User Content is not threatening the unity, integrity, defense,
security or sovereignty of India, friendly relations with foreign states, or public order.
Further, the Practitioner shall ensure that the User Content will not cause incitement
to the commission of any cognizable offense or prevent investigation of any offense
or is insulting to any other nation.
5.16. Content Ownership and Copyright Conditions Of Access
5.16.1. The contents listed on the Website are (i) User-generated content, or (ii)
belong to Mindpeers. The information that is collected by Mindpeers directly
or indirectly from the End- Users and the Practitioners shall belong to
Mindpeers. Copying of the copyrighted content published by Mindpeers on
the Website for any commercial purpose or for the purpose of earning profit
will be a violation of copyright and Mindpeers reserves its rights under
applicable law accordingly.
5.16.2. Mindpeers authorizes the User to view and access the content available on or
from the Website solely for ordering, receiving, delivering, and
communicating only as per this Agreement. The contents of the Website,
information, text, graphics, images, logos, button icons, software code,
design, and the collection, arrangement, and assembly of content on the
Website (collectively, "Mindpeers Content"), are the property of Mindpeers
and are protected under copyright, trademark, and other laws. User shall not
modify the Mindpeers Content or reproduce, display, publicly perform,
distribute, or otherwise use the Mindpeers Content in any way for any public
or commercial purpose or personal gain.
5.16.3. Users shall not access the Mindpeers Platform for purposes of monitoring their
availability, performance, or functionality, or for any other benchmarking or
competitive purposes.
6. HEALTH RECORDS
6.1. Mindpeers may provide End-Users with a facility known as ‘Records’ on the
Mindpeers Platform. The information available in your Heath Records is of two types:
6.1.1. User-created: Information uploaded by you or information generated during
your interaction with Mindpeers Platform and/or Practitioner e.g.: sessions,
your journal, your assignments in terms of sessions, To-Do lists, etc.
6.1.2. Practice-created: Health Records generated by your interaction with a
Practitioner who uses Mindpeers Platform.
6.2. The specific terms relating to such Health Records are as below, without prejudice to
the rest of these Terms and the Privacy Policy:
6.2.1. Your Records is only created after you have signed up and explicitly accepted
these Terms.
6.2.2. Any Practice created Health Record is provided on an as-is basis at the sole
intent, risk, and responsibility of the Practitioner and Mindpeers does not
validate the said information and makes no representation in connection
therewith. You should contact the relevant Practitioner in case you wish to
point out any discrepancies or add, delete, or modify the Health Record in
any manner.
6.2.3. Health Records are provided on an as-is basis. While we strive to maintain the
highest levels of service availability, Mindpeers is not liable for any
an interruption that may be caused to your access to the Mindpeers Platform.
6.2.4. The reminder provided by the Records is only a supplementary way of
reminding you to perform your activities as prescribed by your Practitioner.
Mindpeers is not liable if for any reason reminders are not delivered to you or
are delivered late or delivered incorrectly, despite their best efforts.
6.2.5. It is your responsibility to keep your correct mobile number and email ID
updated on the Mindpeers Platform. Mindpeers is not responsible for any
loss or inconvenience caused due to your failure in updating the contact
details with Mindpeers.
6.2.6. Mindpeers uses industry–level security and encryption for your Health
Records. However, Mindpeers does not guarantee to prevent unauthorized
access if you lose your login credentials or they are otherwise compromised.
In the event you are aware of any unauthorized use or access, you shall
immediately inform Mindpeers of such unauthorized use or access. Please
safeguard your login credentials and report any actual suspected breach of
account to hello@Mindpeers.co.
6.2.7. If you access Health Records on behalf of someone else (such as your child,
minor, ward, or employee) or an entity (such as your employer), you are
deemed to be responsible for the Health Records of users and all obligations
that such users would have had, had they maintained their own separate
individual Records. You agree that it shall be your sole responsibility to obtain
the prior consent of your such users and shall have the right to share, upload
and publish any sensitive personal information of such users. Mindpeers
assumes no responsibility for any claim, dispute, or liability arising from this
regard, and you shall indemnify Mindpeers and its officers against any such
claim or liability arising out of unauthorized use of such information.
6.2.8. In case you want to delete your Records, you can do so by contacting our
service support team. However only your account and any associated Health
Records will be deleted, and your Health Records stored by your Practitioners
will continue to be stored in their respective accounts.
6.2.9. You may lose your “User-created” record if the data is not synced with the
server.
6.2.10. If the Health Record is unassessed for a stipulated time, you may not be able
to access your Health Records due to security reasons.
6.2.11. Mindpeers is not liable if, for any reason, Health Records are not delivered to
you or are delivered late despite its best efforts.
6.2.12. Mindpeers is not responsible or liable for any content, fact, Health Records,
medical deduction, or the language used in your Health Records whatsoever.
Your Practitioner is solely responsible and liable for your Health Records and
any information provided to us including but not limited to the content in
them.
6.2.13. Mindpeers has the ability in its sole discretion to retract Health Records
without any prior notice if they are found to be shared incorrectly or
inadvertently.
6.2.14. Mindpeers will follow the law of land in case of any constitutional court or
jurisdiction mandates to share Health Records for any reason.
6.2.15. You agree and acknowledge that Mindpeers may need to access the Health
Record for cases such as any technical or operational issue of the End User in
access or ownership of the Records.
6.2.16. To the extent that your Records have been shared with Mindpeers or stored
on the Mindpeers Platform by the Practitioners, You hereby agree to the
storage of your Records by Mindpeers pertaining to sessions for storage of
Records (as defined in clause 6) in India and outside India, in accordance with
the applicable laws and further agree, upon creation of your account with
Mindpeers, to the mapping of such Records as may be available in Mindpeers
database to your User account.
7. SPECIFIC TERMS: Users will be bound by certain additional Terms of Use and/or rules
applicable and/or incentive plans and/or subscription plans and/or fair usage policy(s) etc.
with respect to the use of certain specific products and features which may be posted from
time to time (“Specific Terms”). All such Specific Terms are hereby incorporated by reference
into the Terms.
8. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
8.1. As mandated by Regulation 3(2) of the Information Technology (Intermediaries
guidelines) Rules, 2011, Mindpeers hereby informs Users that they are not permitted
to host, display, upload, modify, publish, transmit, update, or share any information
that:
8.1.1. belongs to another person and to which the User does not have any right to;
8.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libelous, 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.
8.1.3. harm minors in any way.
8.1.4. infringes any patent, trademark, copyright, or other proprietary rights.
8.1.5. violates any law for the time being in force.
8.1.6. deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in
nature;
8.1.7. impersonate another person;
8.1.8. contains software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer
resource;
8.1.9. threatens the unity, integrity, defense, security, or sovereignty of India, friendly
relations with foreign states, or public order, or causes incitement to the
commission of any cognizable offense or prevents investigation of any
offense or is insulting any other nation.
8.2. Users Are Also Prohibited From:
8.2.1. violating or attempting to violate the integrity or security of the Mindpeers
Platform, Website, or any Mindpeers Content;
8.2.2. transmitting any information (including job posts, messages, and hyperlinks)
on or through the Website that is disruptive or competitive to the provision of
services by Mindpeers;
8.2.3. intentionally submitting on the Website any incomplete, false, or inaccurate
information;
8.2.4. making any unsolicited communications to other Users;
8.2.5. using any engine, software, tool, agent, or other device or mechanism (such as
spiders, robots, avatars, or intelligent agents) to navigate or search the
Website;
8.2.6. attempting to decipher, decompile, disassemble, or reverse engineer any part
of the Mindpeers Platform;
8.2.7. copying or duplicating in any manner any of Mindpeer's Content or other
the information available from the Mindpeers Platform;
8.2.8. framing or hotlinking or deep linking any Mindpeers Content.
8.2.9. circumventing or disabling any digital rights management, usage rules, or
other security features of the Software.
8.3. Mindpeers, upon obtaining knowledge by itself or been brought to actual knowledge
by an affected person in writing or through email signed with an electronic signature
about any such information as mentioned above shall be entitled to disable such
information that is in contravention of Clauses 8.1 and 8.2. Mindpeers shall also be
entitled to preserve such information and associated records for at least 90 (ninety)
days for production to governmental authorities for investigation purposes.
8.4. In case of non-compliance with any applicable laws, rules, or regulations, or the
Agreement (including the Privacy Policy) by a User, Mindpeers has the right to
immediately terminate the access or usage rights of the User to the Website and
Mindpeers Platform and to remove non-compliant information from the Website.
8.5. Mindpeers may disclose or transfer User-generated information to its affiliates or
governmental authorities in such manner as permitted or required by applicable law,
and you hereby consent to such transfer. The SPI Rules only permit Mindpeers to
transfer sensitive personal data or information including any information, to any other
body corporate or a person in India, or located in any other country, that ensures the
the same level of data protection that is adhered to by Mindpeers as provided for under
the SPI Rules, only if such transfer is necessary for the performance of the lawful
the contract between Mindpeers or any person on its behalf and the User or where the
The user has consented to data transfer.
8.6. Mindpeers respects the intellectual property rights of others and we do not hold any
responsibility for any violations of any intellectual property rights
9. TERMINATION
9.1. Mindpeers reserves the right to suspend or terminate a User’s access to the Website
and the Mindpeers Platform with or without notice and to exercise any other remedy
available under law, in cases where,
9.1.1. Such User breaches any Terms of Use of the Agreement;
9.1.2. A third-party reports violation of any of its right as a result of your use of the
Mindpeers Platform;
9.1.3. Mindpeers is unable to verify or authenticate any information provide to
Mindpeers by a User;
9.1.4. Mindpeers has reasonable grounds for suspecting any illegal, fraudulent, or
abusive activity on part of such User; or
9.1.5. Mindpeers believes in its sole discretion that the User’s actions may cause legal
liability for such User, other Users or for Mindpeers or are contrary to the
interests of the Website.
9.2. Once temporarily suspended, indefinitely suspended, or terminated, the User may not
continue to use the Website under the same account, a different account or reregister under a new account. On termination of an account due to the reasons
mentioned herein, such User shall no longer have access to data, messages, files, and
other material kept on the Website by such User. The User shall ensure that he/she/it
has continuous backup of any Health Records on the Mindpeers Platform.
10. LIMITATION OF LIABILITY
10.1. In no event, including but not limited to negligence, shall Mindpeers, or any of its
directors, officers, employees, agents, or content or service providers (collectively, the
“Protected Entities”) be liable for any direct, indirect, special, incidental,
consequential, exemplary, or punitive damages arising from, or directly or indirectly
related to, the use of, or the inability to use, the Website or the content, materials and
functions related thereto, the Mindpeers Platform, User’s provision of information via
the Website lost business, or lost End-Users, even if such Protected Entity has been
advised of the possibility of such damages. In no event shall the Protected Entities be
liable for:
10.1.1. provision of or failure to provide all or any service by Practitioners to end users contacted or managed through the Website;
10.1.2. any content posted, transmitted, exchanged, or received by or on behalf of
any User or other person on or through the Website;
10.1.3. any unauthorized access to or alteration of your transmissions or data; or
10.1.4. any other matter relating to the Website or the Service.
10.2. In no event shall the total aggregate liability of the Protected Entities to a User for all
damages, losses, and causes of action (whether in contract or tort, including, but not
limited to, negligence or otherwise) arising from this Agreement or a User’s use of the
Website or the Mindpeers Platform exceeds, in the aggregate Rs. 1000/- (Rupees One
Thousand Only).
11. RETENTION AND REMOVAL: Mindpeers may retain such information collected from Users
from its Website or Mindpeers Platform for as long as necessary, depending on the type of
information; purpose, means, and modes of usage of such information; and according to the
SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
12. APPLICABLE LAW AND DISPUTE SETTLEMENT
12.1. You agree that this Agreement and any contractual obligation between Mindpeers
and User will be governed by the laws of India.
12.2. Any dispute, claim, or controversy arising out of or relating to this Agreement,
including the determination of the scope or applicability of this Agreement to
arbitrate, or your use of the Website or the Mindpeers Platform or information to
which it gives access, shall be determined by arbitration in India, before a sole
the arbitrator appointed by Mindpeers. The arbitration shall be conducted in accordance
with the Arbitration and Conciliation Act, 1996 (as amended from time to time).
12.3. The seat and venue of such arbitration shall be 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 to the dispute.
12.4. Subject to the above Clause 12.3, the courts at Delhi shall have exclusive jurisdiction
over any disputes arising out of or in relation to this Agreement, your use of the
Website or the Mindpeers Platform or the information to which it gives access.
13. CONTACT INFORMATION GRIEVANCE OFFICER
13.1. If a User has any questions concerning Mindpeers, the Website, this Agreement, the
Mindpeers Platform, or anything related to any of the foregoing, Mindpeers customer
support can be reached at the following email address: hello@Mindpeers.co or via
the contact information is available on www.Mindpeers.co.
13.2. In accordance with the provisions of the Information Technology Act, 2000 and Rule
3(11) of Information Technology (Intermediaries guidelines) Rules, 2011, if you have
any grievance with respect to the Website or the service, including any discrepancies
and grievances with respect to the processing of information, you may communicate
such grievance to the Grievance Officer:
Name: Sahil Chitkara
Address:
Phone:
Email: hello@Mindpeers.co
13.2.1. In the event you suffer as a result of access or usage of our Website by any
person in violation of Regulation 3(2) of the Information Technology
(Intermediaries guidelines) Rules, 2011, please address your grievance to the
above person.
14. SEVERABILITY: If any provision of the Agreement is held by a court of competent jurisdiction
or arbitral tribunal to be unenforceable under applicable law, then such provision shall be
excluded from this Agreement and the remainder of the Agreement shall be interpreted as if
such provision was so excluded and shall be enforceable in accordance with its terms;
provided however that, in such event, the Agreement shall be interpreted so as to give effect,
to the greatest extent consistent with and permitted by applicable law, to the meaning and
the intention of the excluded provision as determined by such court of competent jurisdiction or
arbitral tribunal.
15. WAIVER: No provision of this Agreement shall be deemed to be waived and no breach
excused unless such waiver or consent shall be in writing and signed by Mindpeers. Any
consent by Mindpeers to, or a waiver by Mindpeers of any breach by you, whether expressed
or implied, shall not constitute consent to, waiver of, or excuse for any other different or
subsequent breach.