Terms and Conditions

i.

The Company hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Website solely for the purposes of availing the Services, in each case (i) in compliance with these Terms, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). You agree that during the use of the Services, you will not in any way host, display, upload, modify, publish, transmit, store, update or share any information that:

• (a)belongs to another person and to which you have no right;
• (b)is obscene, pornographic, paedophilic, invasive of another's privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
• (c)is harmful to children;
• (d)infringes any patent, trademark, copyright or other proprietary rights, deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature; or
• (e)violates any law for the time being in force.

ii.

Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Proprietary Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove any copyright, trademark, or other proprietary rights notices contained in or on our Services, including those of the Website, Company or its affiliates or any of our licensors; (v) utilize information, content or any data you view on and/or obtain from our Services to provide any service that is competitive with us; (vi) upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features; (vii) attempt to gain unauthorized access to any portion or feature of the Website, or the account of any other User or entity, or otherwise interfere with any other user's or entity's use of the Service; (viii) engage in any activity that interferes with or disrupts the Services; (ix) engage in any fraudulent activity or activity that facilitates fraud; (x) make any negative, disparaging, or defamatory statement(s) or comments about us, the Website, our brand name, or our domain name, the Company or its affiliates, nor shall you engage in any behavior or action that could damage the image or reputation of the Company or its affiliates.

iii.

We hold the discretion to restrict provision of our Services to individuals, regions, or jurisdictions as deemed necessary. Additionally, we may cease offering certain or all Services available on our Website at our discretion. We also reserve the authority to limit the availability of our Services. Prices of the Services are subject to change at any moment without prior notification to you, solely under our discretion. Offers on this Website are void where prohibited by law.

iv.

We maintain the authority and right to decline any appointments made with us. At our discretion, we may choose to restrict or void purchases on a per-person basis. Should we alter or decline an appointment, we will inform you via the email, billing address, or phone number (SMS/Whatsapp) given during registration or when the appointment was made.

v.

You acknowledge and agree that we do not guarantee, represent or warrant that the quality Services, information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

i.

We may levy charges for accessing certain Services offered through the Website, including but not limited to chat, audio, and video-based counselling, psychiatry sessions, face-to-face consultations, rTMS treatments, neuro feedback training, and other mental wellness programs. Prior to availing any such paid Service, you will be notified of the applicable fees. In addition to these Terms, the use of specific Services may be subject to additional service-specific terms.

ii.

Unless otherwise required under applicable law, all payments made for Services are non-refundable. If you are not satisfied with a particular Service, you may contact us at [email protected]. We will review your request individually and may, at our discretion and subject to applicable legal requirements, process a refund. The Company's decision in such matters shall be final and binding.

i.

You agree to immediately notify us of any unauthorized use of your account information or any other breach of security. We shall not be liable for any loss or damage arising from your failure to comply with this clause. You agree that you will not, in any way:

• (a)interfere with the ability of others to access or use the Website;
• (b)disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users' ability to use the Website;
• (c)interfere with or disrupt the servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
• (d)use the Website to transfer, any content or other material that contains or constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features;
• (e)attempt to gain unauthorized access to any hardware or software system, or networks associated with the Website, or obtain any services or information not intentionally made available to you by us on or through the Website; and
• (f)make/post/re-post any testimonial on the Website or on any social media platform (such as Facebook, Instagram etc.) in relation to the Website which contains profanity or abusive language.

ii.

You shall always be responsible for anyone using the Services via your computer or mobile device, and for making them aware of these Terms when they access the Website through your device.

iii.

You shall at all times be responsible for costs incurred to use and access the Website and utilizing the Services. Under no circumstances shall the Company or its affiliates be liable for such costs.

iv.

You agree and grant permission to the Company to send order updates, notifications, promotional messages via SMS/Whatsapp/email from the Company or its affiliates.

i.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Services to: (a) use our Website for your use in accordance with these Terms on any computer device, mobile device or any other device owned or otherwise controlled by you strictly in accordance with these Terms, and (b) access, stream, download, and use on your computer, mobile, or any other device, our Services and content made available in or otherwise accessible through our Services, strictly in accordance with these Terms.

ii. Copyright:

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by us on the Website or otherwise in connection with the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into the Website (collectively, "Proprietary Content"), is the property of the Company, and is protected by applicable law. The compilation of all content on this Website is the exclusive property of the Company. You agree not to decompile, reverse engineer or disassemble any content accessible through the Website, not to insert any code or manipulate the content of the Website in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate your User Account immediately and without notice, if we, in our sole and absolute discretion, believe that you are in violation of this clause.

Our content available on or via the Website, is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. We reserve all rights, not expressly granted in and to the Website.

iii. Trademarks:

The Website is the property of the Company, including, but not limited to its text, graphics, logos, the name 'MindfulTMS' and button icons, images, scripts and service names constitute trademarks/trade dress of 'MindfulTMS'. The trademarks, domain names and trade dress of the Company shall not be used in connection with any service that is not affiliated with the Company in any manner that is likely to (a) cause confusion among Users or potential Users; or (b) dilute the rights of the Company; or (c) to disparage or discredit the Company.

i.

The Company reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, your User Account and/or the Services (or any part thereof) for any reason or no reason with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

ii.

The Company reserves the right at its sole discretion to modify the Services listed on the Website, availability, permitted appointments / order and the prices of the Services are subject to change without notice.

iii.

The Company reserves the right to change or discontinue the Service(s), or any part of it, at any time without prior notice.

iv.

The Company will not be held liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Service(s).

i.

Your access to and use of our Services or any content are at your own risk. You understand and agree that our Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Services, any information on the Website or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Services; and (iv) whether our Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Services, will create any warranty or representation not expressly made herein.

ii.

We shall not be held liable for any physical, emotional, psychological, or financial consequences arising from your voluntary decision to discontinue the Services. By choosing to cease the Services you have sought, whether midway through a care plan, prior to completing a recommended treatment duration, or against the advice of our Experts, acknowledge that any resulting outcomes, including worsening of condition, delayed recovery, or relapse, shall be at your sole risk and responsibility. You are encouraged to consult with your assigned Expert or a licensed medical professional before making such a decision.

iii.

The Services provided are intended to support your overall mental wellness and are not a substitute for emergency psychiatric care or hospitalization. You agree that if you are facing a critical situation or mental health crisis, you will seek immediate assistance from emergency services or a licensed medical facility.

iv.

While our Experts are trained and licensed in their respective fields, we do not guarantee that the Services will meet your individual expectations or result in a specific clinical outcome. The effectiveness of therapy, psychiatric services, rTMS, or any other treatment varies from person to person and is influenced by multiple factors, including your active participation and adherence to recommendations.

v.

Any recommendations regarding lifestyle, diet, medication, or related behavioural changes made by our Experts are advisory in nature and must be exercised at your discretion. We are not liable for any adverse effects, injuries, or outcomes resulting from such recommendations, particularly where such effects arise from incomplete disclosure of medical history or current health conditions on your part.

vi.

You understand that therapy, psychiatry and wellness services may involve discussions of sensitive or triggering topics. While our Experts are trained to handle such situations with care and professionalism, we shall not be held liable for any temporary emotional discomfort that may arise during sessions.

vii.

You agree that your access to and use of digital wellness content (including assessments, exercises, and self-help tools) is for informational purposes only. These tools are not a diagnostic substitute and should not be relied upon as a replacement for a one-on-one consultation with a licensed professional.

viii.

Any testimonials or success stories presented on the Website or through marketing material represent individual experiences and do not constitute a warranty or guarantee of similar results for all users.

i.

You acknowledge and agree that, in no event will the Company be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of these Terms, or the use of, or the inability to use, our Services, including, without limitation, any information made available through our Services pursuant to these Terms. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed USD 100.0/- (United States Dollars One Hundred Only). The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that the Company may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company's liability will be the minimum permitted under Applicable Law.

ii.

While we have taken reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely in accordance with applicable law, we cannot rule out nor be held liable in the unlikely event of a breach resulting in hacking or other malicious forms of data access/theft etc.