Terms & Conditions

Definitions

Definition: Terms like “Company”, “MindLoops”, “MindLoops.in”, “Brand”, “Firm”, “We”, “Our”, “Us”, “Service provider” or similar terminology are all in reference to MindLoops as a provider of services for the remainder of this document.
Platform: “Platform”, “Sites”, or similar terminology are all in reference to any mobile apps, websites, or web links that the User can employ to access any services provided by the Company.
User: The terms “Client”, “User”, “You”, “Your”, “Patient”, or other similar terminologies are all in reference to you as the user of our Sites, and/or as a recipient of our products, services, and resources for the remainder of this document.
Mental Health Professional: Terms like “Mental Health Practitioner”, “Mental Health Professional”, “Wellness Professional”, “therapist”, “wellness advisor”, “expert”, “doctor”, “consultant” or similar terminology are all in reference to the Mental Health Practitioner.

Comments

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Nature of Service

MindLoops is a platform that delivers mental health wellness Services to individuals and organisations. These include, but are not limited to, corporate wellness programmes through which employees of organisations avail various products and Services. MindLoops offerings may include/are:

Online and face-to-face consultation with expert Mental Health Professionals (who have been authorised by MindLoops to use the platform for delivering their Services).
Periodic self-assessments and psychological tests.
Workshops and/or webinars delivered by trained Mental Health Professionals
Self-help tools, content, and programmes through various channels, including, but not restricted to, websites, mobile applications, and emails.
Chat application/services where clients can exchange encrypted private messages with their Mental Health Professional in addition to the online consultation.
Participation in user forums, topics, replies, comments, feedback, blogs, and any other submissions on the platform;

The Services offered by MindLoops are in compliance with our client anonymity and confidentiality policies (refer to our Privacy Policy).

MindLoops reserves the right to add, edit, or remove products and Services from its offerings without prior notification. The aforementioned shall hereinafter be referred to as “Services”.

User Agreement

By choosing to visit and/or avail of any Services and/or resource from MindLoops, the user confirms that they are above 18 years of age and are not otherwise incompetent to contract under the Indian Contract Act, 1872, and are legally allowed to take decisions of their own.

As per our Privacy Policy, our Services and Sites are not directed to persons under the age of 18 years. We do not knowingly solicit anyone under the age of 18 to participate independently in any of our Services

The user also accepts and agrees to our Terms and Conditions (hereafter referred to as “User Agreement”) and those additional terms and conditions and policies referenced herein and/or available by hyperlinks.

Please read the User Agreement carefully. The terms in the User Agreement are in effect upon your using or availing of Services and/or resources from our Sites. Accessing the Service/platform on any medium, including but not limited to mobile phones, smartphones, and tablets, is also subject to the terms of the User Agreement. We reserve the right to add, modify or remove sections from the User Agreement at any time during the course of the agreement with no prior notice. Continuing to use the MindLoops platform and purchase of any Service and/or resource forms an obligatory legal agreement between the user and MindLoops. The liability to review the User Agreement from time to time lies with the User. Continuation of the use of the platform after revision of the User Agreement will be deemed to be an acceptance of the revised terms.

Applicability Of Terms

The general terms and conditions in the User Agreement are applicable to all present and future contracts established between the user and MindLoops. This User Agreement applies to all users of the platform, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. By availing any of our Services, the user irrevocably accepts all the obligations stipulated in the User Agreement, Terms of Use and Privacy Policy, and other policies referenced herein; and agrees to abide by them. The User Agreement supersedes any previous oral or written terms and conditions that may have been communicated to you.

Termination Of Agreement

At any given point in time, during the term of the user agreement, the user shall be entitled to terminate the user agreement provided that all the outstanding payments are cleared (from either of the parties), if and when applicable. Upon termination of the user agreement, there might be information stored on our server(s). If the user wishes to get their information removed, they can directly contact the MindLoops team by mailing us at support@mindloops.in or info@mindloops.in. Over the course of the term of the user agreement, MindLoops can choose to terminate the user agreement without citing a reason. Any payment due to MindLoops should be paid by the user within 30 days from the termination of the user agreement. Any payment receivable by the user will be processed by MindLoops as per our Refund Policy.

Terms of Use

During the course of the User Agreement, it is expressly stated, understood, and agreed by you (user) that you shall abide by the following terms of use.

You are 18 years of age or older, not otherwise incompetent to contract under the Indian Contract Act, 1872, and that your use of the platform shall not violate any applicable law or regulation;
All registration information you submit – either to us directly or through your organisation – is truthful and accurate, and you agree to maintain the accuracy of such information;
Your use of the platform is solely for your personal and non-commercial use. Any use of this platform or its content other than for personal purposes is prohibited.
Your personal and non-commercial use of this platform shall be subjected to the following restrictions:
You shall not modify any content of the platform;
You shall not decompile, reverse engineer, or disassemble the content;
You shall not delete or modify any content of the platform and/or Services, including but not limited to legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or logos, that you do not own or have express permission to modify;
You shall not use the platform and/or services in any way that is unlawful or harms the company or any other person or entity, as determined in the company’s sole discretion.
You shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, access to the service, or any content on the platform through which the service is provided without express written permission by MindLoops.
You shall not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the platform and/or Services or any connected network, or otherwise interfere with any person’s or entity’s use of the platform and/or the services.
You acknowledge that when you access a link that leaves the platform, the site you enter is not controlled by MindLoops, and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that the company is not responsible for those sites. The company reserves the right to disable links from third-party sites to the platform, although it is under no obligation to do so.
You agree that you will pay all applicable fees on time. In the event of late payment, MindLoops reserves the right to levy a charge/interest on the outstanding amount.
You take responsibility to check the technical specifications required before making a booking for a session or before availing yourself of any of the other digital offerings.
You may not host, display, upload, modify, publish, transmit, update, or share any information that:
- belongs to another person and to which you do not have any right;
- deceives or misleads the addressee about the origin of such messages,
- communicates any information that is grossly offensive or menacing in nature; and
- threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, causes incitement to the commission of any cognizable offense, prevents investigation of any offense, or insults any other nation.

Intellectual Property

The contents of the platform are for informational purposes only. MindLoops disclaims all liability to any person for any loss or damage caused by dependence on any part of the platform. Third-party content appearing on the platform is the property of its respective owners, and MindLoops does not assert any rights in relation to the same. Such third-party content is used by MindLoops subject to the fair use provisions of Indian copyright law and applicable provisions in other jurisdictions. MindLoops asserts its copyright ownership over the remaining contents of this document. No information, content, or material from the platform and/or services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express written permission from MindLoops.

User Content

By submitting any text, links, images, sound recordings, audio-visual material, pictures, graphics, logos, trademarks, or any other material, content, data, or subject matter (collectively, “Content”) for inclusion in the platform, user forums, topics, replies, comments, feedback, and any other submissions, you represent and warrant to MindLoops that:

You are the sole and exclusive owner of all rights, H1, and interest in and to any Content, or that you are authorized or licensed to use, assign H1 to, or license or sub-license any Content;
The Content and all other materials you supply hereunder, and all material to which the Content links, (i) complies with all provisions of these Terms and conditions and the User Agreements, (ii) does not infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, (iii) does not involve or promote tobacco, alcohol, or pornographic products or services (which MindLoops has complete discretion to define), and (iv) is not unlawful, harmful, threatening, abusive, harassing, defamatory, disparaging, obscene, libelous, invasive of another’s privacy, racially or ethnically offensive, or hateful;
The use, reproduction, or transmission of the Content will not violate any laws;
The Content is not false, inaccurate, or misleading in any way; and
The Content and your products or services described or advertised by the Content, and your provision thereof, comply with all applicable laws, rules, and regulations, including the laws, rules, and regulations of the jurisdiction in which you operate, and the laws, rules, and regulations in India.

By submitting Content to MindLoops, you understand that such Content will be immediately eligible for inclusion on the platform, community forums, or the Service, as applicable, and you grant, represent, and warrant that you have the right to grant to MindLoops a royalty-free, fully paid, non-assessable, perpetual, irrevocable, nonexclusive, transferable, worldwide right and license (with the right to sublicense) to use, copy, perform, translate, reproduce, publish, display, and distribute, and to prepare derivative works of or incorporate into other works, such Content (in whole or in part), in connection with the Service.

Payment and Refunds

By using the Site, the user agrees to pay all applicable fees and charges upfront to MindLoops and also authorises us to automatically deduct all applicable charges and fees from the payments made as and when such features are accessed on our platform. Further, the user agrees to be responsible for any telephone charges and/or internet service fees that may be incurred in accessing MindLoops services.

For more information on payment methods, charges, and fees, the user should refer to the Payment section on the platform. MindLoops reserves the right to change any or all parts of its payment policy without notice or liability to the user or any third-party.

All cancellations and refunds will be handled as per the Cancellation & Refund Policy. of the company. MindLoops reserves the right to change any or all parts of the Cancellation & Refund Policy without notice or liability to the user or any third-party.

Limitation of Liability

MindLoops does not guarantee that you will be accepted as a registered user at MindLoops, or as a client by the Mental Health Professionals on our Sites. MindLoops reserves the right to terminate your registration with our Services at any time without citing a reason.

MindLoops is a technology enabler that connects the user and the Mental Health Professional. Further, the professional Service is dependent on the information provided by the user to the Mental Health Professional and MindLoops does not promise any outcomes based on counselling and therapy. MindLoops does not guarantee the availability of the same Mental Health Professional over any period of time. From the moment at which you book your appointment, MindLoops acts solely as an intermediary between you and the Mental Health Professional, transmitting the details of your booking to you and to the Mental Health Professional.

Counselling will take place at a frequency agreed between you and your Mental Health Professional. We cannot guarantee that sessions will always take place with a particular frequency or on the same day of the week but will make every effort to meet your requirements.

Over the course of your agreement, the Wellness Professional might determine that online counselling Services are not appropriate for some or all of your treatment needs and accordingly may elect not to provide online counselling Services to you. Similarly, the Wellness Professional shall be at liberty to decide that additional help is needed for the user and shall choose to bring in an additional Wellness Professional.

MindLoops makes all efforts to verify the credentials of every Mental Health Professional registered with it. However, MindLoops is not responsible for any misrepresentation/fraudulent credentials or claims by the Mental Health Professionals. MindLoops provides a profile page to all Mental Health Professionals where information regarding education, training, experience, and specialities can be provided to the user. It is the responsibility of the Mental Health Professional to ensure the accuracy and reliability of such information provided.

All Mental Health Professionals have a contractual relationship with MindLoops and are allowed to use our platform and technology to provide Services to you. MindLoops does not assume any responsibility for their actions, advice, or any other information provided through our platform or otherwise. MindLoops shall not be held liable for any damage/ loss/ liability caused to the user by a Mental Health Professional, either directly or indirectly. The user is responsible for all their decisions and actions and agrees that they are made independent of any representations by MindLoops or the Mental Health Professionals. MindLoops or the Mental Health cannot be held responsible for such decisions and actions or any outcomes as a result.

MindLoops does not endorse or exert control over any particular branch of medicine, theory, opinion, viewpoint, or position on any topic. No warranty, guarantee, or condition of any kind is created or offered on information, advice, or suggestion, whether expressed and/ or implied, in oral and/ or written form via any communication medium obtained by you from MindLoops or through any Service and/ or resource and/ or information that MindLoops provides, except for those expressly outlined in this User Agreement.

The Services, including content, on both the MindLoops Sites and third-party platforms, are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. MindLoops is not responsible if information made available on the Sites and third-party platforms is not accurate, complete, or current, and any reliance on the Services, including content, on the MindLoops and third-party platforms, is at your own risk.

This platform may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this platform at any time, but we have no obligation to update any information on our platform. You agree that it is your responsibility to monitor changes to our platform. The content that the user downloads or otherwise obtains through the use of our Services and/ or resources and/ or information is done at their own discretion and risk, and the user is solely responsible for any damage to their computer or other devices or any loss of data or information that may result from the download of such content.

We reserve the right to modify or terminate any portion of the Sites or the Services offered by the Company for any reason without notice or liability to the user or any third-party.

The Company does not warrant that the functions contained in content, information, and materials on the platform and/or the Services, including, without limitation, any third-party sites or services linked to the platform and/or Services will be uninterrupted, timely, or error-free, that defects will be rectified, or that the platform or the servers that make such content, information, and materials available are free of viruses or other harmful components.

We will endeavour to make sure all information is delivered in an accurate and correct manner. However, any material downloaded or otherwise obtained through the platform and/or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such a download to your computer system.

At MindLoops, we believe it is unethical for our counsellors to have dual relationships with current or former clients. During and after our counselling work, you are forbidden to have any individual relationship of any other type with our counsellors; this includes association on social and professional network websites such as Facebook, Linkedin, Twitter, etc. This will ensure that our professional relationship remains clear should you ever want to resume counseling or refer others to us. You hereby indemnify, defend, and hold harmless the Company, the Company’s distributors, agents, representatives, and other authorized users, and each of the foregoing entities’ respective resellers, distributors, Service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, and representatives, from and against any and all losses, damages, liabilities, and costs arising from your use of the platform.

Disclaimer on Warranties

You understand and agree that any interactions and associated issues with the Mental Health Professional on the platform are strictly between you and the Mental Health Professional. You shall not hold MindLoops and/or the Mental Health Professional responsible for any such interactions and associated issues. MindLoops and/or the Mental Health Professional is not responsible for any outcome between you and the Mental Health Professional you interact with. If you decide to engage with a Mental Health Professional to provide Services to you, you do so at your own discretion and risk. The Services and content, and all materials, information, products, and Services included therein, are provided on an “as is” and “as available” basis without warranties of any kind.

MindLoops and its licensors and affiliates expressly disclaim all warranties of any kind, express, implied, or statutory, relating to the Services and content.

In addition, MindLoops and its licensors and affiliates disclaim any warranties regarding the security, accuracy, reliability, timeliness, and performance of the Services or that the Services will be error-free or that any errors will be corrected. No advice or information provided to you by breakthrough will create any warranty that is not expressly stated in these Terms of Service.

We make no representations concerning, and do not guarantee, the accuracy of the Services, including, but not limited to, any information provided through the Services or their applicability to your individual circumstances.

We may provide you with access to third-party tools that we neither monitor nor have any results for, etc. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the platform is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Third-party links on this platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or Services of third-parties. Over the course of the period of the User Agreement, we might incorporate products/ Services from third-party providers on our platform. By using such products/ Services, it is understood that the user has read, understood, and agreed to the terms and conditions of the corresponding third-party provider. MindLoops shall not be held liable for any risk/ damage/ liability arising from use of such third-party products, Services, goods, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Forums, Topics, Replies, Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send or submit forum topics, replies, comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, on our social media channels, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

(1) to maintain any comments in confidence;

(2) to pay compensation for any comments; or

(3) to respond to any comments. MindLoops, however guarantees that all communication between the user and MindLoops and/or the counselor within the ambit of therapy shall be kept confidential, subject to compliance with applicable laws.

You agree not to seek any other person’s contact information through our platform.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

We may, but have no obligation to,

Monitor, edit, or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.
Investigate an allegation that a communication does not conform to these terms and determine in its sole discretion to remove or request the removal of the communication;
Terminate a user’s access to any or all parts of the platform upon any breach of these Terms of Service;
Edit or delete any communication posted on the platform, regardless of whether such communication violates these standards.

We have no liability or responsibility to our Site users or any other person or entity for the performance or non-performance of the aforementioned activities. Users must note that MindLoops is an interactive service, and other users are free to post their own comments on various content on the platform. The platform publishes articles provided by various authors as well. The contents/viewpoints expressed in these comments/posts/articles etc. are those of their authors. Such content does not indicate the official position of MindLoops, in any way, expressed or implied.

Entire Agreement

The failure of us to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. This User Agreement and any policies or operating rules posted by us on this platform or with respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

This user agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by notifying us – directly, or if you are accessing the platform through a third-party, then through the respective third-party – that you no longer wish to use MindLoops’s Services, or when you cease using our platform, subject to settlement of all outstanding payments. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of this User Agreement, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our Services (or any part thereof).

Errors, Inaccuracies, and Omissions

Occasionally, information on our Sites or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product/service descriptions, pricing, promotions, offers, etc. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website/mobile application/platform, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions, as set forth in this User Agreement, you are prohibited from using the platform or its content:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or

to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any of our Sites for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
You agree to indemnify MindLoops against any breach of confidentiality. If you access MindLoops through a third-party platform, you agree that MindLoops cannot be responsible for any data breaches that occur due to any acts of commission or omission by the third-party platform.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the service (or part thereof) for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, and/or in keeping with MindLoops’s arrangement with your organization, without any representation, warranty, or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, H1, and non-infringement.
In no case shall MindLoops, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Service or platform, even if advised of their possibility. In all cases, our maximum liability shall be limited to the amount paid by you, if at all, for Service/product in dispute.

Indemnification

You agree to indemnify, defend, and hold harmless MindLoops and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees and interns against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this User Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You agree to indemnify MindLoops for any breach in confidentiality. If you access MindLoops through a third-party platform, you indemnify MindLoops against any data breaches that occur due to any acts of commission or omission from the third-party platform.

Severability

In the event that any provision of this User Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

Grievance Redressal

MindLoops has set up a Grievance Redressal Forum to address the users’ grievances. If you are dissatisfied with any aspect of our Services, you may contact our Grievance Redressal Officer at support@mindloops.in. We assure you a time-bound response not exceeding one month from the date of your complaint.

Jurisdiction

The jurisdictional policies of MindLoops have been drafted in accordance with and in compliance with Indian laws. Any and all disputes arising between the user and MindLoops with regard to this User Agreement, including the interpretation of the terms of this User Agreement, shall be subject to the exclusive jurisdiction of the courts in Delhi, India.

Contact Information

Registered Address: First Floor, Sai Tower, Plot-22, Block B, Sector-12B, Dwarka, Delhi-110075

E-mail id: support@mindloops.in