TERMS OF USE OF MINDMATTERS ONLINE SERVICE

Thank you for using MindMatters! Online (also referred to as MiMO). MiMO is a web application (website) dedicated to NON - EMERGENCY mental healthcare. Through our website, we offer online internet based healthcare Services and packages or products, which may use emails, mobiles, video, telephone, webcam, and other technology devices. All the above services are delivered by a team of highly qualified, competent, experienced doctors and support staff, who are committed to the highest standards of professionalism and quality. Leveraging technology, we aim to bringing specialised mental healthcare across regions, and provide world-class care at very affordable prices.

You begin using our services simply by visiting the Website on any page. By using the service in any form, you signify your acceptance to all the terms of use, and agree to comply with all applicable laws in the region you are accessing this website from in addition to applicable laws of the Republic of India and additional governing state / local laws if any. MiMO requires that its agreements be made with persons who are legally qualified to enter into a contract. Thus, you must be a major i.e. above the age legally required for being able to contract in your region in order to be able to register for our services.

Your use of any services (referred to as "Offering" and defined herein below) offered by MindMatters! Online is subject to the terms and conditions mentioned in this document, without prejudice to any additional terms which may be part of the agreement specific to the service that you wish to avail. Your agreement with MindMatters! Online will always include, at a minimum the terms and conditions set out in this document and this will include your complete and unconditional agreement with us (referred to as "Terms of Use", "Agreement").



DEFINITIONS
  1. "Services" referred to above and anywhere else in this Terms of Use include any assistance and offerings we make through our web pages a lot of information and content in written format, and / or videos, podcasts, audio files, pictures, images, photographs, etc. Our medical professionals may interact with you for answering your questions, or giving you advisory. Our support staff may interact with you for resolving your problems or questions, or acknowledging your suggestions. All our interactions, whether through static content, or through various channels such as forms, chat, email, video, audio, phone, internet, or non-internet based, are singularly called a Service or Offering, and collectively called Services or Offerings.
  2. "Website" shall refer to www.mindmattersonline.com or any other domain or sub-domain which may be used by MindMatters! Online for providing the Offering. The term includes the website with all its content and technologies, and components connected with it, which enables us to deliver the Services, and enables interaction between you and Medical Professionals and Associates. (the words "all its content and technologies" were repeated, deleted the repetition and introduced the word "components")
  3. The terms "MindMatters! Online", MiMO, "we", "us", "our" or any grammatical variation of the preceding terms shall refer to MindMatters! Online, and include unless repugnant to the context, its directors, shareholders, employees, contractors, associates, any Medical Professional (herein below defined) affiliated with MindMatters! Online and working on our behalf.
  4. The terms "you", "your" or any grammatical variation shall refer to any patient using our services, any person using our services on behalf of the patients or the user of any of our interfaces including but not restricted to our websites, e-mails or web cam chats.
  5. The term "Medical Professional", wherever used, shall mean and refer to either psychiatrists, or doctors other than psychiatrists, or both of the above, depending on the context and your requirements.
  6. "Associates" shall refer to our sales staff, support staff, and all others who are not Medical Professionals
  7. The term "Medical Information" shall include but not be limited to case sheets, prescriptions, lab reports and x-rays.

Acceptance of Terms of Use
  1. You are expected to be aware of our terms of use prior to making use of our services. Your use of Website by browsing, and/or clicking on any of the links present on the website, or any other means of communication to interact with us shall be construed as your acceptance of our Terms of Use even if no transaction has taken place.
  2. You may not make use of our Services if you do not agree to our terms of service or if you are under the age required by the laws in your country or state for entering into a binding agreement. If you are under the required age, then a parent or guardian must accept this Agreement and guide all consultations under the Services offered. The parent or guardian will assume full responsibility for ensuring that all information supplied to MiMO is accurate, and information about you and your consultations are kept secure. If you are unable to provide the acceptance of such parent / guardian, you may not use this Website.
  3. By making use of our Services, you admit that you have chosen to make use of our Services voluntarily and you have not been coerced in any manner whatsoever. Your use of our Services shall be construed as your admittance of the fact that you are capable of contracting and giving consent with regards to the agreement between you and MindMatters! Online.

Provision of the Offering by MindMatters! Online
  1. MiMO Services are not for use in medical emergencies or situations requiring immediate medical attention. IN CASE OF EMERGENCY OR A SITUATION THAT DEMANDS IMMEDIATE / PROMPT MEDICAL ATTENTION, PLEASE DO NOT USE THIS WEBSITE / WEBSITE, AND IMMEDIATELY AVAIL EMERGENCY MEDICAL SERVICES AVAILABLE AT YOUR LOCATION.
  2. Use of MiMO Services and Website requires basic familiarity with Internet and computing devices such as computers, web-cam etc. You agree that you possess the necessary basic skills and knowledge to avail MiMO Services.
  3. MindMatters! Online intends to provide you with the finest Services and products and we would try to innovate and improve our Services with time. You acknowledge that the nature, form or terms of the Services offered by us may change with time.
  4. You acknowledge and agree that MindMatters! Online may stop (permanently or temporarily) providing the Offering (or any features within the Offering) with or without notice, generally at MindMatters! Online's sole discretion. MindMatters! Online shall not be responsible for any direct, indirect or consequential loss or damage caused by modification of the features, limitation of use of our Offering or the discontinuation altogether thereof.
  5. Without prejudice to anything mentioned above, if a Medical Professional is of the opinion, for any reason whatsoever, that consultation and / or treatment must be terminated, he/she may withdraw, suspend or terminate the Services.
  6. MindMatters works with many Medical Professionals who may be certified to practice in a particular location which might not extend to your residence. You shall be notified if the psychiatrist treating you or the corresponding patient is not certified to treat someone in your country/state of residence.
  7. You expressly acknowledge and agree that while booking for a consultation, if you are alerted by the Website that the doctor chosen by you is not entitled to treat in your country, you will refrain from consulting him / her for treatment of your condition. If you elect to continue with the booking, you acknowledge and agree that you will do so only if the purpose of consultation is not for treatment but only for education, clarification of doubts, or seeking a non-treatment opinion.
  8. You acknowledge and agree that while MindMatters! Online may not currently limit your use of the Offering in any way, it may do so if your use hinders with the ability of MindMatters! Online to carry on its operations or the ability of other patients to use the Offering.
  9. The supply of the Offering will be subject to your making payments in the manner as stated in the contract for the service. In the event of the service being permanently or temporarily stopped by us, MindMatters! Online shall not be called on to repay any amount received, other than what is applicable under its prevailing refund policies if any. Unless otherwise specified by MiMO, no refunds will be granted for any payments made under any circumstances.
  10. MindMatters! Online might alter its pricing at any time and you shall be made aware of this via the Website or E-mail.
  11. You acknowledge, agree and warrant that any payments made by you will be by using an instrument (including but not restricted to Credit card / debit card / net banking etc) that you are legally entitled to. You are solely responsible for all liabilities and consequences that arise out of misuse of any credit or debit card, net banking, or any other payment mechanism, that you are not legally entitled to.
  12. You shall be required to have at least one video conferencing session with a Medical Professional prior to or during your use of our services. We may choose to discontinue providing our Services if the Medical Professional is unable to have an online video conferencing session with you, due to any reason including but not limited to your inability or reluctance to do so and technical problems.
  13. MindMatters! Online does not make any representation as to compliance with government regulations in your region which may require disclosure of information with respect to any drugs, medicines, preparations or formulations that may be prescribed to you, nor for any specific treatment, action or application or preparation of medication.
  14. You agree to contact a qualified, competent physician immediately in your location should your condition change or your symptoms worsen and you understand that MindMatters! Online will not be a party to such consultation with an external physician.

Use of MindMatters! Online's Offering
  1. In order to access certain Offering or for your continued use of the Offering, you may be required to provide information about yourself. You agree that any information you give to MindMatters! Online will always be accurate, correct and up to date. MindMatters! Online shall not be liable for any loss or damage caused due to faulty information provided to us by you.
    1. We will store your personal health information online, including health conditions, allergies and medications as declared by you. The record of any interactions with a Consultant as part of an internet form, email, chat, telephone or video consultation becomes part of your record. You agree to provide accurate information for your record, and also to review such information periodically and update whenever necessary, including but not restricted to your email id, telephone numbers, allergies, latest test reports, and alternative contact details. Detailed information regarding use of your record, and who may have access is contained in our Privacy Policy.
    2. MiMO will not validate the accuracy, completeness, adequacy or usability of information in your record. It is your responsibility to also ensure correctness of any third party information in your record.
    3. It is strongly recommended that you must maintain such records outside of the website also so that they are accessible at all times, irrespective of your access to the internet, or availability of the website. You are strongly advised to print out your e-Prescriptions, and retain adequate backups every time you consult. It is also advisable to keep such data handy and available and within easy reach of the person/ s responsible to attend to you in case of an emergency. MIMO ACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR FAILURE TO MAINTAIN YOUR RECORDS.
    4. MiMO reserves the right to delete or destroy any or all records including but not restricted to records of video consultations, communications and materials posted or uploaded to MiMO Service / Website in accordance with its internal record retention and/or destruction policies.

  2. MiMO may send you emails or printed communication, containing information regarding common medical and health-related topics, preventive care messages, specific medical and health related information, links to other related websites and specific information related to your record. MiMO may also make available content in the website related to medical and health information. All such content and resources are general, and should not be construed as expert medical advice specific to you. Such communication, information and resources are solely meant for general education and information. In no case should such communication be taken as a substitute for expert medical opinion, medical diagnosis and / or medical treatment. Such communication, information or resources do not constitute practice of medicine or dispensing of medical services by MiMO. MiMO makes no warranty with respect to the adequacy, completeness, accuracy and relevance of these materials or the information contained therein.
  3. There may be various forums (such as the question and answer forum) where you may post a specific question on your medical condition. In the forum, there may be other users, who are not qualified medical practitioners who may share their view or opinion on your condition or their experiences. MiMO strongly advises you to understand the risks of following such un-qualified suggestions and information. You should always consult and rely on the opinion of a qualified medical practitioner only through a formal consultation process, who is competent to advise you on your specific condition. You expressly understand that the comments / opinions / posts made in such forums by any individual whether a Medical Professional or not is purely his/ her own, and not necessarily endorsed by. Therefore MiMO accepts no responsibility whatsoever for your reliance / depending on any comments made by anyone whosoever, in such general forums, even if such comments are for your specific question / condition.
  4. MiMO encourages you to interact and provide feedback in the form of comments and / or suggestions.
  5. We may share your personal information with third parties as and when considered necessary by us (e.g. certain information of our clients could be shared with third parties for the process of payment for our services). For more information regarding the manner in which your personal information may be shared, kindly refer to our Privacy Policy.
  6. During the use of our services you might be required to undergo certain physical or clinical tests to be undertaken by certified physicians according to the recommendation of medical professionals. We shall not be held liable if the treatment provided by us is affected due to faulty data provided by such tests or unavailability of the required data.
  7. MiMO has a wide range of Services that are available to you against payment. Such payments may be one-time, or a recurring subscription. You agree to pay all required fees and amounts, as set out by MiMO on its website, and as amended from time to time. You acknowledge and agree that all such price information, terms and conditions of payment set out, terms and conditions and restrictions of change of scheduling, terms, conditions and restrictions of refund etc shall all together be considered as a part and parcel of these Terms.
  8. You understand that it is important that the information you provide is always current, complete, and accurate.
  9. You acknowledge and agree that you are required to pay all fees and amounts in full prior to consultations or commencement of subscription term, as the case may be. You are expected to be fully aware of the applicability of refunds, your eligibility for a refund and refund process that are clearly set out on the website and updated from time to time. If you have any questions about the fees being charged, or about applicability of refunds, you must contact MiMO associates through the communication and / or information channels available on the website, PRIOR to making your payments. In case you are not entitled to a refund, and you make a payment, you may still forfeit your payment even if you later claim ignorance of these Terms.
  10. As a part of its continuous improvement and innovation, MiMO reserves the right to alter its pricing for any or all of its services, at any time. With respect to an ongoing service that is fully paid for, or an ongoing subscription, such revised prices will apply immediately after the expiry of the current ongoing service or subscription as the case may be. In case of subscriptions, all such price revisions shall apply for renewals.
  11. MiMO will view very strongly any disputes that are made by you with respect to any charges on your account, that are later found to be valid. Without prejudice to any other legal recourse and remedies available, MiMO may take immediate and summary action that may include a fine, suspension and / or termination of services and / or account. Any such fines and costs shall be treated as principal debt owed to MiMO by you.
  12. You agree not to access (or attempt to access) the Offering by any means other than through the interfaces provided by MindMatters! Online. You specifically agree not to access (or attempt to access) any of the Offering through any automated means (including but not restricted to through the use of scripts or web crawlers), or to undermine the security or integrity of the Website, and will not attempt to gain unauthorized access.
  13. You agree that there could be service disruptions, interruption of a consultation, breaks in communication or other disruptions related to technology or otherwise. This may result in incomplete or erroneous Service delivery. You fully understand these risks, and accept them, and agree to hold MiMO harmless against any and all of such risks.
  14. Unless you have been specifically permitted to do so in a separate agreement with MindMatters! Online, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Offering for any purpose.
  15. You agree that you are solely responsible for any breach of obligations on your part of the Terms mentioned in this document or in any contract between you and MindMatters! Online and for the consequences (including any loss or damage which MindMatters! Online may suffer) of any such breach.
  16. Any services provided by third parties using the Website or directly or indirectly connected to the Offering shall not be subject to this document or our Privacy Policy. MiMO excludes any and all liabilities arising out of any such services, to the fullest extent permitted under law.
  17. MiMO expressly prohibits you from directly indulging in or inciting or encouraging anyone else to indulge in:
    1. Spam - including but not restricted to unsolicited bulk email, bulk and / or repeated postings, unsolicited posting to news groups, etc.;
    2. Posting of malicious, defamatory, derogatory remarks, comments or content, profanity, use of vulgar / unparliamentary language, abuse, threatening, posting of pornographic content, material, or links, or indulging in or supporting any illegal activities;
    3. advertisement or publicity of any other product or service;
    4. infringement upon the rights of others;
    5. introduction or propagation of computer worms or viruses or malware, adware, malicious code, or spyware of any kind;
    6. using a false identity, attempt to gain unauthorized entry to any site or network, infringe copyrights, trademarks, or other intellectual property rights.
  18. You agree to comply with the above requirements in totality and further to comply with applicable laws related to the transmission data and other information via internet. You agree that without prejudice to any legal and criminal proceedings that MiMO or any legal authority may initiate against you for violation of the above terms, your account will be terminated for any of the above infractions. MiMO may also proceed against you to recover exemplary damages by way of loss of reputation, disruption of service etc, should you be found to violate the above provisions. By accepting this agreement you are holding MiMO harmless against any and all liabilities that it might be subject to, as a consequence of your violation, even if such violations could be foreseen and acted upon or prevented by MiMO.
  19. Any misrepresentation or false statements made by you at any time including but not restricted to during registration or in the course of any interaction with any MiMO Medical Professional or Associate, is a violation of these Terms and may result in your account being suspended immediately without further notice, either temporarily or permanently, without prejudice to any other action that MiMO may be entitled to take under this agreement or any applicable prevailing laws..

Security of your account
  1. MindMatters! Online shall provide its services primarily through the Website. You might need to make use of a web-based account to make use of our services. You agree and understand that you are responsible to MindMatters! Online and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the Offering. You are responsible for any and for all activities carried out under your MiMO login and account.
  2. MindMatters! Online will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into MindMatters! Online database, MindMatters! Online shall not be made liable for the resulting damages.
  3. You agree to not to share your password with anyone and If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned personnel at MindMatters! Online immediately.
  4. You agree that MiMO's services are internet based, and are therefore subject to all risks of the medium, including but not restricted to disruption in communication, misunderstanding due to remote communication, transmission errors, corruption or compromise of data, vulnerabilities that such medium is prone to, etc. You unconditionally accept all risks, and agree to be solely responsible for the consequences of such risks, and hold MiMO free from any responsibility whatsoever.
  5. MindMatters! Online shall not be liable for misuse or wrong use of your credit card information, or online banking information, should you choose to use those modes of payment. You acknowledge you are aware of risks of internet based payments and agree to take all required precautions to safeguard your interests, and also agree and acknowledge that MiMO will not be held responsible for any breach in security during or after your payment transactions.
  6. Without prejudice to anything contained anywhere in these terms, you expressly understand, acknowledge and agree that given the internet medium and its vulnerabilities, you understand and accept all risks and vulnerabilities, and will hold MiMO completely harmless against any or all consequences of the security any of your information being compromised or breached for any reason whatsoever.

Content in the Offering
  1. MindMatters! Online makes no warranty regarding any treatment. MindMatters! Online does not guarantee that a web-based consultation, telephone consultation or video consultation is the appropriate course of treatment for your particular health problem.
  2. Neither MiMO nor its Medical Professionals or any other employee or associates directly or indirectly endorse any advertisement of any third party that may appear on our Website.
  3. You should be aware that content presented to you as part of the Offering, including but not limited to advertisements and promotional material of MindMatters! Online or other companies, is protected by intellectual property rights which are owned by MindMatters! Online, or the sponsors or advertisers who provide that content to MindMatters! Online (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically permitted to do so by MindMatters! Online or by the owners of that content, in a separate agreement.
  4. MindMatters! Online may at time communicate certain information to you regarding various ailments, treatment etc. that may not be in relation to the treatment being undertaken by the patient. We would like to state that such information is merely for educational purposes and should not be construed as an alternative to patient-specific treatments.
  5. Any content being disseminated using MindMatters! Online's sales network or the product, service or Website may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
  6. You represent and warrant that if you elect to register on the Website, you will do so under your own name and use MiMO Website in accordance with these Terms and abide by the obligations therein.
  7. You agree that MindMatters! Online has no responsibility to you or to any third party, for any content that you create, transmit or display while using our Offering or for the consequences of your actions (including any loss or damage which MindMatters! Online may suffer) by doing so, and further that you will hold MiMO harmless and indemnify MiMO against any and all such consequences.
  8. You understand that by using the Offering you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the Offering at your own risk. MindMatters! Online shall not be made responsible for any repugnant content circulated on its Offering by other users. On noticing any such content, it is your duty to bring it to the attention of MindMatters! Online employees immediately.

    Intellectual Property Rights
  1. Use, storage, reproduction, copying, display or redistribution of the MiMO logos or marketing and publicity content is strictly prohibited without written permission from MiMO. The matter, layouts, images, icons, pictures, graphics, colour combinations, style, patterns, designs and other content are protected under applicable copyrights, service marks, registered marks, trademarks and other proprietary rights. MiMO shall solely retain all rights, title and interest in any and all such proprietary rights.
  2. The foregoing does not apply to your MiMO records pertaining to your personal data.
  3. You agree that you will not modify, reproduce, copy, store, display, sell, rent, lease, loan, transfer, transmit, distribute, decompile, reverse-engineer, reverse-assemble, or otherwise attempt to extract source code or any programming content used within or with the Website. You may not transfer, sell, assign, loan, rent or lease, grant a security interest or otherwise attempt to alienate any rights or create derivative works based on it or in any manner commercially exploit the Website and / or the Services, whether fully or in part. You agree that we will view violations by you of these terms with utmost seriousness and will relentlessly prosecute you to the fullest extent possible under the any and all applicable laws, and further seek compensation from you to the fullest extent possible, under any and all laws applicable. You also acknowledge and agree that the final decision of whether you are in violation of any of these terms is at the sole discretion of MiMO.
  4. Except as expressly provided in these Terms, no other right or license with respect to any copyrights, patent rights, trademark rights or other proprietary rights are granted under this agreement either to you or anyone else with respect to your account and usage. To the extent any rights are not expressly granted under these Terms, all such rights are expressly reserved to MiMO.
  5. You acknowledge and undertake that you are responsible for any property rights of content that you post if such rights are already reserved by you or any third party. You alone are solely responsible to ensure that anything that you post or provide by way of feedback does not violate any and all applicable laws including but not restricted to those related to intellectual property protection, prevention of piracy, copyrights, patents etc, and that whatever you post or provide does not infringe upon any rights of any other party. MiMO expressly disclaims any responsibility or liability for such content that infringes upon any rights of any other party. Should there be such violations and / or infringements, MiMO reserves the right to take down such content, and take all legal steps available to prosecute you and to claim damages from you to the fullest extent permissible under any and all available applicable laws for the time being in force.
  6. You acknowledge and agree that when you use the Offering, you may have access to material that may be in written or electronic form, for example but without limitation, the matter on the web-pages, videos, podcasts, forums, message boards, messages, chats, etc. In addition, you may be exposed to many business processes such as registration, payment, customer service etc. You may use multiple features of the website, and access documentation and help about the Website. All such material, which includes but is not restricted to information, software and documentation, both electronic and printed media, logos, processes, images, drawings, videos, podcasts, audio clips, content, trade secrets, patent related material and other content are the sole proprietary intellectual property of MindMatters! Online. MindMatters! Online owns all legal right, title and interest in and to the Offering, including any intellectual property rights which subsist in the Offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Offering may contain information which is designated confidential by MindMatters! Online and that you shall not disclose such information without MindMatters! Online's prior written consent. Unauthorised use of our trademark, logos etc shall be punishable under appropriate Indian laws.
  7. You additionally agree that in using the Offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
  8. You expressly grant an unconditional perpetual worldwide license to MiMO in respect of any feedback from you, including but not limited to emails or physically written messages, verbal or written appreciation, posts on the website, comments, chats, part or whole of video sessions, notes, feedback form on the website, artwork, communications, computer code or creative materials provided to MiMO and / or any content that you submit, post, transmit or display on, or through, the website, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist) for use by MiMO for any purpose, including but not restricted to reproduction, disclosure, publishing, distribution, publicity, marketing, and the like without any compensation to you, subject to the restriction that your personal information or information about a medical condition or disease you are suffering from which can be directly associated with your identity, shall not be publicly made available without your consent. Unless you have agreed otherwise in writing with MindMatters! Online, you agree that you are responsible for protecting and enforcing those rights and that MindMatters! Online has no obligation to do so.
  9. To enable you to use the Website, MiMO hereby grants you a non-exclusive, non-transferable temporary license subject to the following conditions:
    1. The license is granted to you only when you are registered on the website, and maintain an active and valid account, and is valid only for the duration logged in;
    2. The license is immediately revoked when your account becomes invalid, is suspended, closed or otherwise inactive;
    3. Except where expressly permitted to download or print (e.g. your prescription), you may not store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works;
    4. You may not attempt to or permit any attempt to re-engineer, decompile, reverse engineer, modify in any manner, copy, or reproduce or extract the source code of the software or any part thereof, or its documentation;
    5. You may not transfer, sell, assign, loan, rent or lease your rights under this license;
    6. The license does not transfer or create any rights whatsoever in MiMO's intellectual property to you or anyone else, even temporarily;
    7. Your valid MiMO account is created and maintained by you, by fully and accurately providing your personal information and you are required to periodically review and update such information to ensure its applicability and accuracy.

Termination of your relationship with MindMatters! Online

  1. The Terms will continue to apply until terminated by either you or MindMatters! Online as set out below.
  2. MindMatters! Online may at any time, terminate its legal agreement with you if:
    1. you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
    2. MindMatters! Online is required to do so by law (for example, where the provision of the Offering to you is, or becomes, unlawful);
    3. You or MiMO decide at anytime to terminate this agreement for any reason whatsoever.
  3. Upon termination, your right to use the MiMO Services and the licenses granted hereunder shall be terminated immediately. Further, your rights to use the Services and the licenses granted hereunder shall stand terminated automatically and immediately, without further notice, in the event you fail to comply with any of the Terms. Upon any termination, you will destroy any and all MiMO materials that may be in your possession and cease any access of MiMO Services / Website.
  4. When these terms come to an end, all of the legal rights, obligations and liabilities that you and MindMatters! Online are subject to in relation to the obligation to maintain confidentiality or such other legal rights, and the terms related to Indemnification, Property Rights, and other obligations and liabilities which are expressed to continue indefinitely, shall be unaffected.
  5. For termination MiMO may send a notice of termination of Services to you via contact details available in your personal data. MiMO does not accept any responsibility for undelivered notices due to changed or obsolete data in your profile - therefore it is of utmost importance for you to keep updated, correct and current data related to your account. Upon termination, MiMO may delete all data, files, or other information that is stored without any further notice, warning, or reasons.
    1. you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
    2. MindMatters Online is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful).

Exclusion of warranties
  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.
  2. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT AND EXPRESSLY EXCLUDE TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW,THAT:
    1. THE OFFERING IS APPROPRIATE OR ADEQUATE FOR YOUR MEDICAL CONDITION;
    2. YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS;
    3. YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
    4. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  5. WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TRADE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  6. DUE TO THE INHERENT CHARACTER OF INTERNET MEDIUM AND CONSEQUENT VULNERABILITIES, MiMO DOES NOT GUARANTEE DATA TRANSMISSION AND / OR STORAGE OVER THE INTERNET TO BE SECURE. WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION FROM UNAUTHORIZED ACCESS, USE OR DISCLOSURE, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT OR PROVIDE TO US OR THAT WHICH WE STORE ON COMPUTER SYSTEMS.
  7. YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND ACCEPT THAT YOUR DATA PRIVACY AND SECURITY MAY BE COMPROMISED OR BREACHED DUE TO VARIOUS REASONS INCLUDING BUT NOT RESTRICTED TO HACKING, INTRUSION, VIRUSES MALICIOUS PROGRAMS AND OTHER TECHNOLOGY THREATS. IN ANY AND ALL OF SUCH CASES, YOU AGREE NOT TO HOLD MiMO RESPONSIBLE FOR ANY AND ALL DAMAGES AND LOSSES CAUSED TO YOU.


    Disclaimers
  1. You admit that you are making use of our Services out of your own volition and are fully aware of the risks involved and you assume full responsibility of such risks. We disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not make any warranties regarding the suitability, adequacy or accuracy of our Services.
  2. We cannot be held liable if a treatment or drug suggested by us is against the laws of the state/ country you reside in. It is your responsibility to ensure that the treatment or drugs being prescribed are legal in your country or state.
  3. You acknowledge and agree that interruptions in our Services could occur for any reason whatsoever and that MindMatters! Online shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services.
  4. MiMO, including its Medical Professionals and / or Associates are under no obligation at any time to validate the correctness, usability, and / or adequacy of any information provided by you for use in Services. Therefore you are solely responsible for the information provided by you, and the consequences of reliance on such information by MiMO.

Limitation of Liabilities

  1. MiMO shall NOT BE LIABLE under any circumstances, INCLUDING IN CASE OF NEGLIGENCE ON ITS PART, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE MIMO SERVICES / WEBSITE, OR THAT RESULTS FROM ERRORS, MISTAKES, INTERRUPTIONS, DATA CORRUPTION, DELETION OF DATA OR INFORMATION, OMISSIONS, DEFECTS, BUGS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, MALICIOUS ATTACK, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MIMO RECORDS, PROGRAMS OR SERVICES. You acknowledge that this provision applies to all content and functionality of MiMO Services / Website.
  2. SUBJECT TO OVERALL PROVISION IN CLAUSE 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR:
    1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
    2. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS;
    3. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY CHANGES WHICH WE MAY MAKE TO THE OFFERING, OR FOR ANY; PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
      (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE OFFERING;
      (III) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
      (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

      ALL CLAUSES IN THIS SECTION AND THOSE RELATED TO INDEMNIFICATION, DISCLAIMERS AND EXCLUSION OF WARRANTIES AND EXCLUSION / LIMITATION OF LIABILITY SHALL APPLY AND BE BINDING ON YOUR SURVIORS / SUCCESSORS IN THE UNFORTUNATE EVENT OF DEATH BEING A CONSEQUENCE OF ANY BREACH WHATSOEVER IN SECURITY OF THE WEBSITE.


Changes to the Terms

  1. MindMatters! Online may make changes to the terms from time to time. MindMatters! Online will post such changed terms on the Website as soon as they are effective. We reserve such right, at any time, to modify, alter, or update these terms and conditions without prior notice at any time. Modifications shall become effective immediately upon being posted at the website. Your continued use of the website after such amendments are posted constitutes an acknowledgment and acceptance of the terms and the modifications therein.

Indemnification

  1. For the purposes of all clauses under this section, the term MiMO includes its shareholders, affiliates, directors, officers, managers, employees, contractors or other representatives and any action may be taken jointly and severally by such persons for the benefit of MiMO.
  2. You agree to release, indemnify, and hold harmless, MiMO from all liabilities, claims and expenses, including attorney's fees, costs and fees of any third parties relating to or arising under:
    1. this Agreement;
    2. or the Services provided hereunder;
    3. or your use of the Services, including but not restricted to, infringement by you or someone else using the Service / Website with your computer / login credentials, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of the Terms.
  3. You further agree to release and hold harmless, MiMO against any consequences, damages, liabilities, or losses whatsoever, that you may suffer as a result of you using the Services, or the Website.
  4. You further agree to release and hold harmless, MiMO against any claims and / or suits that any third party may bring against us on your behalf, for all liabilities, claims and expenses, arising out of this agreement, or the Services provided hereunder, or your use of the Services / Website, irrespective of the cause on which such claims are founded.
  5. You will defend, indemnify, save and hold MiMO harmless from any and all demands, liabilities, losses, costs and claims, including attorneys' fees, ("Liabilities") asserted against them, that may arise or result from:
    1. your violation of any of the Terms;
    2. directly or indirectly by you or any person whom you have knowingly or unknowingly allowed to access MiMO Services / Website.
  6. Notwithstanding anything contained above, your exclusive remedies for all damages, losses and causes of actions whether in contract, tort, including negligence or otherwise, shall not exceed the purchase price of the product / Service or the aggregate amount which you have paid directly to MiMO during the month to which such claims pertain. Such limitations shall apply to MiMO's total aggregate liability for any and all reasons including but not restricted to those of negligence, tortuous behavior, or any breach.
  7. In addition, to the maximum extent permitted by law, in no event shall MiMO be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to death (whether or not wrongful), injury, loss of use, loss of profits, interruption of Service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, the Services / Website, even MiMO is advised of the likelihood or possibility of the same.
  8. If in certain locations, by law, any of the above limitations of liability are not applicable, then such limitations shall not apply in such locations to the extent of such inapplicable limitations. This will not affect any other limitations above that are not restricted by law in such locations.

General legal terms

  1. The terms constitute the legal agreement between you and MindMatters! Online and govern your use of the Offering, but without prejudice to any additional terms which may be part of an agreement specific to the Service you wish to avail of (but excluding any Offering which MindMatters! Online may provide to you under a separate written agreement), and completely replace any prior agreements between you and MindMatters! Online in relation to the Offering.
  2. You agree that if MindMatters! Online does not exercise or enforce any legal right or remedy which is contained in the terms (or which MindMatters! Online has the benefit of under any applicable law), this will not be taken to be a formal waiver of MindMatters! Online's rights and that those rights or remedies will still be available to MindMatters! Online.
  3. If any portion of this document is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent of the Parties. The remaining portions remain in full force and effect.
  4. MindMatters! Online may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. The clauses mentioned in this document will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of both the parties.

Dispute Resolution

  1. You and MindMatters! Online agree that any dispute regarding agreement(s) between you and us shall be referred to arbitration. The arbitrator shall be appointed by MindMatters! Online and the seat of arbitration shall be Hyderabad, in India.
  2. Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of the India, and the Courts of Hyderabad in India shall have exclusive jurisdiction in all such cases.
  3. Both you and MiMO agree to waive respective rights for a jury trial with respect to any disputes, to the fullest extent permitted by law.
  4. This Agreement shall be governed by and shall be construed in accordance with the laws of the Republic of India.
  5. Failure or delay in exercising any rights under this agreement by either you or MiMO, or failure to insist upon or enforce strict performance of any provision of this Terms, shall not be considered waiver of such right, even if there are multiple, successive instances of such failures or delays. If a valid waiver is made in writing, no single waiver shall be considered a continuing or permanent waiver.
  6. The provisions of these Terms act individually and collectively. In the event of any clauses herein that are unenforceable, the remainder of clauses shall continue to apply as if the unenforceable term did not exist.
  7. You expressly understand and agree that these Terms do not authorize you to be a representative of MiMO or vice-versa, for any purpose whatsoever. Neither you nor MiMO has the power or authority whether as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other for any purpose whatsoever.
  8. MiMO may provide notice/s to you at the contact details provided by you, or by a general notice on the MiMO Website / Website. You may give notice to MiMO at any time via the contact information and channels available to you on the website.

Note: If you have any questions or concerns about these terms, or you wish to have more information, contact us at complaints@mindmattersonline.com or write to CEO, DDR HEALTH CARES PRIVATE LIMITED, HNO 2-56, FLAT NO-401, RUBY BL DEVI HOMES,, YOUTH COLONY, HAFEEZPET, SHERILINGAMPALLY, HYDERABAD - 500019, Andhra Pradesh, INDIA. We normally respond within 3 working days of having received your email and within 15 days of having received other forms of postal mail / communication.


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