MINDPEERS PRIVACY POLICY

Mindpeers India Private Limited [CIN: U85100DL2020FTC363235] (“Us”, “We”, or “Mindpeers”, which also includes its affiliates) is the author and publisher of the internet resource www.mindpeers.co (“Website”) on the world wide web as well as the software and applications provided by Mindpeers, including but not limited to the mobile application(s), Mobile Website, the other associated/ancillary applications, products, websites and services managed by Mindpeers (together with the Website, referred to as the “Mindpeers Platform”).

This privacy policy ("Privacy Policy") explains how we collect, use, share, disclose, and protect Personal Information about the Users of the Mindpeers Platform, including the Practitioners (as defined in the Terms of Use, which may be accessed via the following weblink https://mindpeers.co/terms-and-conditions (the “Terms of Use”)), the End-Users (as defined in the Terms of Use), and the visitors of Website (jointly and severally referred to as “You” or “Users” in this Privacy Policy). We created this Privacy Policy to demonstrate our commitment to the protection of your privacy and your personal information. Your use of and access to the Mindpeers Platform is subject to this Privacy Policy and our Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms of Use.

WHY THIS PRIVACY POLICY?

This Privacy Policy is published in compliance with, interalia:

Section 43A of the Information Technology Act, 2000.
Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”).
Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

This Privacy Policy states the following:
1. The type of information collected from the Users, including Personal Information (as defined in paragraph 2.2.1 below) and Sensitive Personal Data or Information (as defined in paragraph 2.2.2 below) relating to an individual.
2. The purpose, means and modes of collection, usage, processing, retention, and destruction of such information; and
3. How and to whom Mindpeers will disclose such information.

COLLECTION OF PERSONAL INFORMATION
1. Generally, some of the functions on the Mindpeers Platform require us to know who you are so that we can best meet your needs. When you access the Mindpeers Platform, or through any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by Mindpeers. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:
  1. contact data (such as your email address and phone number).
  2. demographic data (such as your gender, your date of birth and your pin code).
  3. data regarding your usage of the Mindpeers Platform and history of the appointments made by or with you through the use of Mindpeers Platform.
  4. insurance data (such as your insurance carrier and insurance plan).
  5. other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters or uploaded on the platform in connection with the Mindpeers Platform).
2. The information collected from you by Mindpeers may constitute ‘personal information’ or ‘Sensitive Personal Data or Information’ under the SPI Rules.
  1. “Personal Information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
  2. “Sensitive Personal Data or Information” is defined under the SPI Rules to mean personal information about that person relating to:

1. 1. 1. passwords.
    2. financial information such as bank accounts, credit and debit card details, or other payment instrument details.
    3. physical, physiological, and mental health conditions.
    4. sexual orientation.
    5. medical records and history.
    6. biometric information.
    7. information received by body corporate under lawful contract or otherwise.
    8. visitor details as provided at the time of registration or thereafter; and
    9. call data records.

Information collected from iOS HealthKit, the Health app, and Google Fit.

When you share your iOS Health app data or Google Fit with our app, that data is covered by the privacy policy.

We handle all iOS Health app and HealthKit data in accordance with Apple's development guidelines. Our App cannot write data to HealthKit.

You can remove Apple HealthKit read access to MindPeers App at any time inside the Apple Health app. To view Apple's HealthKit developer guidelines, go to https://developer.apple.com/app-store/review/guidelines/#health-and-health-research

We handle Google Fit data in accordance with Google Fit Terms of Service. To view Google Fit Terms of Service go to https://developers.google.com/fit/terms

HealthKit, Health app, iPhone, and Apple are registered trademarks of Apple Inc.

Google Fit and Google are registered trademarks of Google Inc.

If you wish to change any of our access or permissions, you may do so in your device’s settings. However, revoking these permissions may prevent you from using all or some of the functionality of our services.

Mindpeers will be free to use, collect and disclose information that is freely available in the public domain without your consent.

PRIVACY STATEMENTS

USERS NOTE: THIS SECTION APPLIES TO ALL USERS.
1. A condition of each User’s use of and access to the Mindpeers Platform is their acceptance of the Terms of Use, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same has the option to discontinue the use of the Mindpeers Platform provided by Mindpeers immediately.
2. An indicative list of information that Mindpeers may require you to provide to enable your use of the Mindpeers Platform is provided in the Schedule annexed to this Privacy Policy.
3. All the information provided to Mindpeers by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that Mindpeers may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules,
  1. for the purpose of providing you the access of Mindpeers Platform,
  2. for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes,
  3. for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates
  4. for communication purpose so as to provide You a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice,
  5. debugging customer support related issues
  6. for the purpose of contacting you to complete any transaction if you do not complete a transaction after having provided us with your contact information in the course of completing such steps that are designed for completion of the transaction.
4. Mindpeers also reserves the right to use the information provided by or about the End-User for the following purposes:
  1. Publishing such information on the Website.
  2. Contacting End-Users for offering new products or features on the Mindpeers Platform.
  3. Contacting End-Users for taking product and Service feedback.
  4. Analysing software usage patterns for improving product design and utility.
  5. Analysing anonymized practice information for commercial use.
  6. Processing payment instructions including those through independent third-party service providers such as payment gateways, banking and financial institutions, pre-paid instrument, and wallet providers for the processing of payment transaction or deferral of payment facilities.
5. If you have voluntarily provided your Personal Information to Mindpeers for any of the purposes stated above, you hereby consent to such collection and use of such information by Mindpeers. Furthermore, by providing us with the Personal Information you authorize Mindpeers (including its business partners and affiliates) contact You on Your telephone number(s) and email for any purpose including those mentioned in this sub-section 3.4 above, even if you have registered yourself under DND or DNC or NCPR services. Your authorization shall be valid as long as your account is not deactivated in the manner as provided in clause 3.9 below.
6. Collection use and disclosure of information which has been designated as Personal Information or Sensitive Personal Data or Information’ under the SPI Rules require your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such use, collection and disclosure as required under applicable law.
7. We do not control or endorse the content, messages or information found on the Mindpeers Platform and, therefore, Mindpeers specifically disclaims any liability with regard to the services and any actions resulting from your participation in any services, and you agree that you waive any claims against Mindpeers relating to same, and to the extent, such waiver may be ineffective, you agree to release any claims against Mindpeers relating to the same.
8. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through hello@Mindpeers.co. We will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or Mindpeers has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Mindpeers may, at its sole discretion, discontinue the access of the Mindpeers Platform to you. There may be circumstances where Mindpeers will not correct, delete or update your Personal Data, including (a) where the Personal Data is opinion data that is kept solely for an evaluative purpose; and (b) the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.
9. If you wish to cancel your account on the Mindpeers Platform or request that we no longer use your information, contact us through hello@Mindpeers.co. We will retain your information for as long as your account on the Mindpeers Platform is active and as needed to provide you with the access to the Mindpeers Platform. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then maybe held by us as long as necessary for us to provide our services effectively, but our use of the anonymized data will be solely for analytic purposes. Please note that your withdrawal of consent or cancellation of account may result in Mindpeers being unable to provide you with the access to the Mindpeers Platform or to terminate any existing relationship Mindpeers may have with you.
10. If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Mindpeers Platform, please send us an email at hello@Mindpeers.co.
11. Mindpeers may require the User to pay with a credit card, wire transfer, debit card or cheque for Mindpeers Platform for which subscription amount(s) is/are payable. Mindpeers will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, Mindpeers provides you with an option not to save your payment details. User is advised, however, that internet technology is not full proof safe, and User should exercise discretion on using the same.
12. Due to the communications standards on the Internet, when a User or the End-User or anyone who visits the Website, Mindpeers automatically receives the URL of the site from which anyone visits. Mindpeers also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyse overall trends to help Mindpeers improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with or disclosed to third parties. Notwithstanding the above, Mindpeers may share and/or disclose some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
13. The Website uses temporary cookies to store certain (that is not sensitive personal data or information) that is used by Mindpeers and its service providers for the technical administration of the Website, research, and development, and User administration. In the course of serving advertisements or optimizing services to its Users, Mindpeers may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies, however, do not store any Personal Information of the User. You may adjust your Internet browser to disable cookies. If cookies are disabled you may still use the Website, but the Website may be limited in the use of some of the features.
14. A User may have limited access to the Website without creating an account on the Website. In order to have access to all the features and benefits on our Website, a User must first create an account on our Website. To create an account, a User is required to provide the following information, which such User recognizes and expressly acknowledges is Personal Information allowing others, including Mindpeers, to identify the User, Name Email address, Phone number, password chosen by the User. Other information requested on the registration page, including the ability to receive promotional offers from Mindpeers, is optional. Mindpeers may, in future, include other optional requests for information from the User to help Mindpeers to customize the Website to deliver personalized information to the User.
15. This Privacy Policy applies to services that are owned and operated by Mindpeers. Mindpeers does not exercise control over third party links from within the Mindpeers Platform. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which Mindpeers is not responsible or liable. Accordingly, Mindpeers does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does Mindpeers guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by Mindpeers of the website, the website's provider, or the information on the website. If you decide to visit a third-party website linked to the Website, you do this entirely at your own risk. Mindpeers encourages the User to read the privacy policies of that website.
16. The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Mindpeers representatives or agents, and their opinions or statements do not necessarily reflect those of Mindpeers, and they are not authorized to bind Mindpeers to any contract. Mindpeers hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
17. Mindpeers does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, use, storage and disclosure of which each End User must agree to under the Terms of Use in order for Mindpeers to effectively render the services through the Mindpeers Platform).
18. Mindpeers maintains a strict "No-Spam" policy, which means that Mindpeers does not intend to sell, rent, or otherwise give your e-mail address to a third party without your consent.
19. Mindpeers has implemented best international market practices and security policies, rules, and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the services through the Mindpeers Platform, Mindpeers shall not be held liable for any loss whatsoever incurred by the User.
20. Mindpeers implements reasonable security practices and procedures and has a comprehensively documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Mindpeers business.
21. Mindpeers takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose your Personal Information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when Mindpeers, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.
PRACTITIONERS NOTE: THIS SECTION APPLIES TO ALL PRACTITIONERS.
1. As part of the registration as well as the application creation and submission process that is available to Practitioners on Mindpeers, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Practitioners.
2. All the statements in this Privacy Policy apply to all Practitioners, and all Practitioners are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to Mindpeers, failing which they are required to leave the Mindpeers Platform, including the Website immediately.
3. Practitioners’ personally identifiable information, which they choose to provide to Mindpeers, is used to help the Practitioners describe and identify themselves. This information is exclusively owned by Mindpeers You will be the owner of your information and you consent to Mindpeers collecting, using, processing, and/or disclosing this information for the purposes hereinafter stated. Mindpeers may use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. Mindpeers also reserves the right to use the information provided by or about the Practitioner for the following purposes:
  1. Publishing such information on the Website.
  2. Contacting Practitioners for offering new products or Mindpeers Platform.
  3. Contacting Practitioners for taking product feedback.
  4. Analysing software usage patterns for improving product design and utility.
  5. Analysing anonymized practice information including financial, and inventory information for commercial use.
4. Mindpeers automatically enables the listing of Practitioners’ information on its Website as provided by You using the Mindpeers Platform. The Practitioner information listed on Website is displayed when End-Users search for Practitioners on Website, and the Practitioner information listed on Website is used by End-Users to request for appointments. Any personally identifiable information of the Practitioners listed on the Website is not generated by Mindpeers and is provided to Mindpeers by Practitioners who wish to enlist themselves on the Website or is collected by Mindpeers from the public domain. Mindpeers displays such information on its Website on an as-is basis making no representation or warranty on the accuracy or completeness of the information. As such, we strongly encourage Practitioners to check the accuracy and completeness of their information from time to time and inform us immediately of any discrepancies, changes, or updates to such information. Mindpeers will, however, take reasonable steps to ensure the accuracy and completeness of this information.
5. Mindpeers may also display information for Practitioners who have not signed up or registered for the Mindpeers Platform, provided that the Practitioners have consented to Mindpeers collecting, processing, and/or disclosing their information on the Website. Such Practitioners are verified by Mindpeers or its associates, and Mindpeers makes every effort to capture accurate information for such Practitioners. However, Mindpeers does not undertake any liability for any incorrect or incomplete information appearing on the Website for such Practitioners.
END-USERS NOTE: THIS SECTION APPLIES TO ALL END-USERS.
1. As part of the registration/application creation and submission process that is available to End-Users on this Website, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the End-Users.
2. All the statements in this Privacy Policy apply to all End-Users, and all End-Users are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to Mindpeers, failing which they are required to leave the Mindpeers immediately.
3. If you have inadvertently submitted any such information to Mindpeers prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, processed, stored, used or disclosed, then you may access, modify and delete such information by using options provided on the Website. In addition, you can, by sending an email to hello@Mindpeers.co, inquire whether Mindpeers is in possession of your personal data, and you may also require Mindpeers to delete and destroy all such information.
4. End-Users’ personally identifiable information, which they choose to provide on the Website is used to help the End-Users describe/identify themselves. Other information that does not personally identify the End-Users as an individual, is collected by Mindpeers from End-Users (such as, patterns of utilization described above) and is exclusively owned by Mindpeers. Mindpeers may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. In particular, Mindpeers reserves with it the right to use anonymized End-User demographics information and anonymized End-User health information for the following purposes:
  1. Analysing software usage patterns for improving product design and utility.
  2. Analysing such information for research and development of new technologies.
  3. Using analysis of such information in other commercial product offerings of Mindpeers.
  4. Sharing analysis of such information with third parties for commercial use.
5. Mindpeers will communicate with the End-Users through email, phone and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The End-Users can change their e-mail and contact preferences at any time by logging into their "Dashboard" at www.Mindpeers.co and changing the account settings.
6. At times, Mindpeers conducts a User survey to collect information about End-Users' preferences. These surveys are optional and if End-Users choose to respond, their responses will be kept anonymous. Similarly, Mindpeers may offer contests to qualifying End-Users in which we ask for contact and demographic information such as name, email address and mailing address. The demographic information that Mindpeers collects in the registration process and through surveys is used to help Mindpeers improve the Mindpeers Platform to meet the needs and preferences of End-Users.
7. Mindpeers may keep records of electronic communications and telephone calls received and made for making appointments or other purposes for the purpose of administration of services through the Mindpeers Platform, customer support, research, and development and for better listing of Practitioners.
8. All Mindpeers employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every End-Users’ Personal Information or Sensitive Personal Data and Information. Mindpeers has put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain the security of all personal data from the point of collection to the point of destruction. Any third-party data processor to which Mindpeers transfers Personal Data shall have to agree to comply with those procedures and policies or put in place adequate measures on their own.
9. Mindpeers may also disclose or transfer End-Users’ personal and other information provided by a User, to a third party as part of reorganization or a sale of the assets of a Mindpeers. Any third party to which Mindpeers transfers or sells its assets will have the right to continue to use the personal and other information that End-Users provide to us, in accordance with the Terms of Use
10. To the extent necessary to provide End-Users with the services through the Mindpeers Platform, Mindpeers may provide their Personal Information to third party contractors who work on behalf of or with Mindpeers to provide End-Users with such services through the Mindpeers Platform, to help Mindpeers communicate with End-Users or to maintain the Website or independent third-party service providers to process payment instructions including providing a payment deferral facility to End-Users in relation to the services through the Mindpeers Platform. These third-party service providers have access to information needed to process payments but may not use it for other purposes. Generally, these contractors do not have any independent right to share this information, however, certain contractors who provide services through the Mindpeers Platform on the Website, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these services through the Mindpeers Platform in accordance with their own privacy policies. In such circumstances, you consent to us disclosing your Personal Information to contractors, solely for the intended purposes only.
CASUAL VISITORS NOTE:
1. No sensitive personal data or information is automatically collected by Mindpeers from any casual visitors of this website, who are merely perusing the Website.
2. Nevertheless, certain provisions of this Privacy Policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this Website immediately.
3. If you, as a casual visitor, have inadvertently browsed any other page of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by Mindpeers. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing/deletion, as Mindpeers cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.
4. You are not a casual visitor if you have willingly submitted any personal data or information to Mindpeers through any means, including email, post or through the registration process on the Website. All such visitors will be deemed to be and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.
CONFIDENTIALITY AND SECURITY
1. Your Personal Information is maintained by Mindpeers in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. Mindpeers takes all necessary precautions to protect your personal information both online and off-line and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Mindpeers business.
2. No administrator at Mindpeers will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer, and your mobile phone. Be sure to log off from the Website when finished. Mindpeers does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Mindpeers by sending an email to hello@Mindpeers.co You shall be liable to indemnify Mindpeers due to any loss suffered by it due to such unauthorized use of your account and password.
3. Mindpeers makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds only its employees to strict confidentiality obligations.
4. Part of the functionality of Mindpeers is assisting the Practitioners to maintain and organise such information. Mindpeers may, therefore, retain and submit all such records to the appropriate authorities, or to Practitioners who request access to such information.
5. Part of the functionality of the Mindpeers is assisting the End Users to access information relating to them. Mindpeers may, therefore, retain and submit all such records to the relevant End Users, or to their Practitioners.
6. Notwithstanding the above, Mindpeers is not responsible for the confidentiality, security, or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Mindpeers shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Mindpeers including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
CHANGE TO PRIVACY POLICY
1. Mindpeers may update this Privacy Policy at any time, with or without advance notice. In the event, there are significant changes in the way Mindpeers treats User’s personally identifiable information, or in the Privacy Policy itself, Mindpeers will display a notice on the Website or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Mindpeers Platform. As always, if you object to any of the changes to our terms, and you no longer wish to use the Mindpeers Platform, you may contact hello@Mindpeers.co to deactivate your account. Unless stated otherwise, Mindpeers current Privacy Policy applies to all information that Mindpeers has about you and your account.
2. If a User uses the Mindpeers Platform or accesses the Website after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.
CHILDREN'S AND MINOR'S PRIVACY
1. Mindpeers strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online Mindpeers Platform and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Mindpeers Website and Mindpeers Platform are not intended for use by minors, Mindpeers respects the privacy of minors who may inadvertently use the internet or the mobile application.
CONSENT TO THIS POLICY
1. You acknowledge that this Privacy Policy is a part of the Terms of Use of the Website and the Mindpeers Platform, and you unconditionally agree that becoming a User of the Website and the Mindpeers Platform signifies your (i) assent to this Privacy Policy, and (ii) consent to Mindpeers using, collecting, processing and/or disclosing your Personal Information in the manner and for the purposes set out in this Privacy Policy. Your visit to the Website and use of the Mindpeers Platform is subject to this Privacy Policy and the Terms of Use.
ADDRESS FOR PRIVACY QUESTIONS
1. Should you have questions about this Privacy Policy or Mindpeers information collection, use and disclosure practices, you may contact, the Grievance Officer appointed by Mindpeers in accordance with the provisions the Information Technology Act, 2000 and Rule 3(11) of Information Technology (Intermediaries guidelines) Rules, 2011. We will use reasonable efforts to respond promptly to any requests, questions, or concerns, which you may have regarding our use of your personal information. If you have any grievance with respect to our use of your information, you may communicate such grievance to the Grievance Officer:

Name: Sarthak Agarwal

Address: 125 2^nd Floor, Shahpur Jat, New Delhi, North East, Delhi 110049, India,
Phone: 9810066307

Email: hello@Mindpeers.co

SCHEDULE

Indicative List of Information by Nature of Service

End-Users using the Mindpeers Platform by registering for an account: You can create an account by giving us information regarding your [name, mobile number, email address], and such other information as requested on the End-User registration page. This is to enable us to provide you with the facility to use the account to book your appointments and store other health-related information.
End-Users using the Website without registering for an account (i.e. ‘Guest’ End-User): You can use the Website (with limited functionality) without registering for an account, but to book an appointment, you may be asked to create an account and/or certain information (including your [mobile number, email ], and such other information as requested when you choose to use the Mindpeers Platform without registration) to confirm the appointment.
Practitioner listing on the Website and Availing Mindpeers Platform: As a Practitioner, you may be required to provide us with information regarding your [name, mobile number, email address], and such other information as requested on the Practitioner registration page to create an account. Mindpeers may send an email and/or SMS confirmations or other communications to End-Users in connection with their bookings, appointments, or other interactions with you if such interactions have been facilitated by Mindpeers.
Practitioners using Mindpeers products and Mindpeers Platform: You will be required to create an account and may be required to provide Mindpeers with information regarding your [name, mobile number, email address], and such other information as requested by Mindpeers, in order to complete your registration. Upon registration, Mindpeers will access to your customer/client information and their medical records. You agree to make your customer/client fully aware of such access.Mindpeers reserves the right to extend and withdraw booking facility to you at its sole discretion, based on the number of End-User appointments being honoured by you. The extension or withdrawal of such facility shall be intimated to you by Mindpeers.

This Privacy Policy has been last updated on 4th August 2020

Terms and Conditions

Please read these Terms carefully before you start to use the Website. By using the Website, you indicated that you accept these Terms and our Privacy Policy that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Website.

In order to become a User ("User" or "you") of the Website and to enjoy the services offered and features available on the Website ("MindPeers Services"), you must read and accept all these Terms and the Privacy Policy. By browsing, accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to these Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

We may modify these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our service offering. Such modification shall be effective upon posting by us on the Website. You agree to be bound by any changes to these Terms when you use the MindPeers Services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.

1. USE OF THE WEBSITE

Your use of the Website is governed by these Terms. We may at our absolute discretion refuse you access to the Website.
You must be 18 years of age or over to use the Website.
Use of the Website requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.
The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by MindPeers. Illegal and/or unauthorised use of the Website is prohibited. Appropriate legal action will be taken against you for any illegal or unauthorised use by you of the Website.
We disclaim any and all responsibility in relation to any MindPeers Services offered or made available on the Website to the maximum extent permitted by law. Neither MindPeers nor its officers, employees or agents may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of MindPeers Services accessed or agreed to be supplied in connection with the Website.

2. USER CONTENT GUIDELINES

You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. MindPeers shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the azpplicable laws.
The Website provides Users the facility to create, share and post content (together, "User Content"). MindPeers claims no ownership rights over User Content created by you. MindPeers has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
MindPeers takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. MindPeers reserves the right, but is not obligated, to reject and/or remove any User Content that MindPeers believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:

Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website.
MindPeers takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that MindPeers is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

3. CONTENT

Other than personally identifiable information (otherwise referred to as "personal data" under applicable data protection legislation), which is covered under our Privacy Policy, any material you transmit or submit to the Website shall be considered non-confidential and non-proprietary.
You understand that by supplying information via the submission of enquiries that you may have on the Website or otherwise, you are granting us an irrevocable non-exclusive license to use such information for any purpose in the course of offering our services.
You are permitted to print and download limited extracts from the Website for your own personal use provided that:

MindPeers's copyright and trade mark notices appear in all copies. Our status (and that of any identifying contributors) as the authors of any material on the Website must always be acknowledged.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
MindPeers reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by MindPeers, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. MindPeers will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

4. SUBSCRIPTION

Auto-renewable subscriptions are available from the App Store for MindPeers Club
Payment will be charged to your iTunes account at confirmation of purchase and will automatically renew (at the duration/price selected) unless auto-renew is turned off at least 24 hrs before the end of the current period.
Account will be charged for renewal within 24-hours prior to the end of the current period.

Current subscription may not be cancelled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your iTunes Account Settings after purchase.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
MindPeers reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by MindPeers, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. MindPeers will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

5. END USEER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

6. PRIVACY AND SECURITY

Your Personal Information is maintained by Mindpeers in electronic form on its equipment and the equipment of its employees. Such information may also be converted to physical form from time to time. Mindpeers takes all necessary precautions to protect your personal information both online and off-line and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Mindpeers business.
No administrator at Mindpeers will know your password. You need to protect against unauthorized access to your password, your computer, and your mobile phone. Be sure to log off from the Website when finished. Mindpeers does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Mindpeers by sending an email to hello@mindpeers.co. You shall be liable to indemnify Mindpeers due to any loss suffered by it due to such unauthorized use of your account and password.
Mindpeers makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations.
Mindpeers makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations.
Part of the functionality of the Mindpeers is assisting the Customers/ Clients/ Users access information relating to them. Mindpeers may, therefore, retain and submit all such records to the relevant users, or their Mental Health Care Professionals.
Notwithstanding the above, Mindpeers is not responsible for the confidentiality, security, or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Mindpeers shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Mindpeers including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
MINDPEERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MINDPEERS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. INTELLECTUAL PROPERTY

The Website and MindPeers Services contain intellectual property, which is the property of MindPeers ("MindPeers IP"). This includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. We retain the rights to the MindPeers IP and reserve all rights in respect of same.
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and MindPeers IP and the material displayed thereon. However, no right, title or interest in any such materials or MindPeers IP will be granted or transferred to you as a result of any permitted use of such materials.
All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are owned, controlled or licensed by MindPeers, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the MindPeers Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
In respect of all content or material that you submit via the Website or otherwise: You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and
The MindPeers IP is provided by us on an "as is" basis, and we expressly disclaim, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any MindPeers IP. To the extent permitted by applicable law, we exclude any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the MindPeers IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

8. INDEMNIFICATION

You acknowledge and expressly agree that use of this web site is at your sole and own risk. You agree to defend, indemnify and hold MindPeers, its affiliates and business partners as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these terms of use by you or users of your account, or in any way arising out of the use of this web site, including without limitation, the placement or transmission of any information or other materials on this web site by you or users of your account.
By accepting these Terms, you agree to indemnify, keep us indemnified and otherwise hold harmless MindPeers, its officers, employees, agents and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions, howsoever incurred by MindPeers arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from: (a) your use of the Website and MindPeers Services; (b) unauthorized access to the Website and MindPeers Services; or (c) any breach of these Terms by you or any other matter relating to the Website or MindPeers Services.
In the event that any of your enquiries submitted via the Website infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such contribution or render such contribution free from infringement.

9. SUSPENSION & TERMINATION

We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website or MindPeers Services. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.
You agree that we may, with or without cause and/or prior notice take any or all of the following actions:

Immediate, temporary or permanent withdrawal of your right to use the Website or MindPeers Services;
issue a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs resulting from the breach);
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Without limiting the foregoing, the following will lead to a termination by us of your use of the MindPeers Services: (a) breaches or violations of these Terms or other incorporated MindPeers agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) an express request by you; (d) suspicion of fraud; or (e) unexpected technical issues or problems.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited and we may take any other action we reasonably deem appropriate.

10. DISCLAIMERS & LIMITATION OF LIABILITY

To the extent permitted by law, we, our officers, employees, agents, directors and third parties connected to us hereby exclude:

all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:
that the Website and MindPeers Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
that the Website and MindPeers Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
warranties as to privacy and security other than as stated in our Privacy Statement;
that you will be able to access or use the Website or MindPeers Services at times or locations of your choosing; and
any warranties on the basis of oral or written information given by a MindPeers representative.
any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Website and MindPeers Services or in connection with their use, or results of the use of the Website and MindPeers Services, any websites linked to them and any materials posted on them, including without limitation any liability for; loss of income or revenue loss of business, loss of profits or contracts, loss of anticipated savings, the use of money or opportunity, loss of data; loss of goodwill or reputation, wasted management, office time or personnel time, work stoppage, computer failure or malfunction, or any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this Section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
You understand and agree that although an Expert may be a MindPeers therapist or other mental health professional, MindPeers cannot predict or assess the competence of, or appropriateness, or verify the credentials of such Professional. MindPeers disclaims any and all liability for any consultation and therapy services rendered by a Professional to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access a Professional through the Website and to continue to interact with such individual(s), and that the role of MindPeers is strictly limited to providing access to such Professionals to you.

11. GOVERNING LAW

This Agreement shall be governed by the Laws of India, and the Courts of New Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.

12. MISCELLANEOUS PROVISIONS

Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
No Refund on Plan Expiry: MindPeers may have plans on it's portal which may allow the user to buy 'credits' in advance for ease in transaction or also gift session credits to other users. However, sometimes, these plans may carry an expiry term with them. Once the term of expiry is reached, the credits will no longer be usable. These plans or any plans of this nature are not refundable under any circumstance.

Terms Of Use

1. USE OF THE WEBSITE

Your use of the Website is governed by these Terms. We may at our absolute discretion refuse you access to the Website.
You must be 18 years of age or over to use the Website.
Use of the Website requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.
The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by MindPeers. Illegal and/or unauthorised use of the Website is prohibited. Appropriate legal action will be taken against you for any illegal or unauthorised use by you of the Website.
We disclaim any and all responsibility in relation to any MindPeers Services offered or made available on the Website to the maximum extent permitted by law. Neither MindPeers nor its officers, employees or agents may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of MindPeers Services accessed or agreed to be supplied in connection with the Website.

2. USER CONTENT GUIDELINES

You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. MindPeers shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the azpplicable laws.
The Website provides Users the facility to create, share and post content (together, "User Content"). MindPeers claims no ownership rights over User Content created by you. MindPeers has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
MindPeers takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. MindPeers reserves the right, but is not obligated, to reject and/or remove any User Content that MindPeers believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:

Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website.
MindPeers takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that MindPeers is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

3. CONTENT

Other than personally identifiable information (otherwise referred to as "personal data" under applicable data protection legislation), which is covered under our Privacy Policy, any material you transmit or submit to the Website shall be considered non-confidential and non-proprietary.
You understand that by supplying information via the submission of enquiries that you may have on the Website or otherwise, you are granting us an irrevocable non-exclusive license to use such information for any purpose in the course of offering our services.
You are permitted to print and download limited extracts from the Website for your own personal use provided that:

MindPeers's copyright and trade mark notices appear in all copies. Our status (and that of any identifying contributors) as the authors of any material on the Website must always be acknowledged.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
MindPeers reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by MindPeers, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. MindPeers will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

4. SUBSCRIPTION

Auto-renewable subscriptions are available from the App Store for MindPeers Club
Payment will be charged to your iTunes account at confirmation of purchase and will automatically renew (at the duration/price selected) unless auto-renew is turned off at least 24 hrs before the end of the current period.
Account will be charged for renewal within 24-hours prior to the end of the current period.

Current subscription may not be cancelled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your iTunes Account Settings after purchase.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
MindPeers reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by MindPeers, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. MindPeers will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

5. END USEER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

6. PRIVACY AND SECURITY

Your Personal Information is maintained by Mindpeers in electronic form on its equipment and the equipment of its employees. Such information may also be converted to physical form from time to time. Mindpeers takes all necessary precautions to protect your personal information both online and off-line and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Mindpeers business.
No administrator at Mindpeers will know your password. You need to protect against unauthorized access to your password, your computer, and your mobile phone. Be sure to log off from the Website when finished. Mindpeers does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Mindpeers by sending an email to hello@mindpeers.co. You shall be liable to indemnify Mindpeers due to any loss suffered by it due to such unauthorized use of your account and password.
Mindpeers makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations.
Mindpeers makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations.
Part of the functionality of the Mindpeers is assisting the Customers/ Clients/ Users access information relating to them. Mindpeers may, therefore, retain and submit all such records to the relevant users, or their Mental Health Care Professionals.
Notwithstanding the above, Mindpeers is not responsible for the confidentiality, security, or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Mindpeers shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Mindpeers including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
MINDPEERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MINDPEERS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. INTELLECTUAL PROPERTY

The Website and MindPeers Services contain intellectual property, which is the property of MindPeers ("MindPeers IP"). This includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. We retain the rights to the MindPeers IP and reserve all rights in respect of same.
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and MindPeers IP and the material displayed thereon. However, no right, title or interest in any such materials or MindPeers IP will be granted or transferred to you as a result of any permitted use of such materials.
All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are owned, controlled or licensed by MindPeers, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the MindPeers Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
In respect of all content or material that you submit via the Website or otherwise: You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and
The MindPeers IP is provided by us on an "as is" basis, and we expressly disclaim, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any MindPeers IP. To the extent permitted by applicable law, we exclude any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the MindPeers IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

8. INDEMNIFICATION

You acknowledge and expressly agree that use of this web site is at your sole and own risk. You agree to defend, indemnify and hold MindPeers, its affiliates and business partners as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these terms of use by you or users of your account, or in any way arising out of the use of this web site, including without limitation, the placement or transmission of any information or other materials on this web site by you or users of your account.
By accepting these Terms, you agree to indemnify, keep us indemnified and otherwise hold harmless MindPeers, its officers, employees, agents and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions, howsoever incurred by MindPeers arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from: (a) your use of the Website and MindPeers Services; (b) unauthorized access to the Website and MindPeers Services; or (c) any breach of these Terms by you or any other matter relating to the Website or MindPeers Services.
In the event that any of your enquiries submitted via the Website infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such contribution or render such contribution free from infringement.

9. SUSPENSION & TERMINATION

We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website or MindPeers Services. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.
You agree that we may, with or without cause and/or prior notice take any or all of the following actions:

Immediate, temporary or permanent withdrawal of your right to use the Website or MindPeers Services;
issue a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs resulting from the breach);
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Without limiting the foregoing, the following will lead to a termination by us of your use of the MindPeers Services: (a) breaches or violations of these Terms or other incorporated MindPeers agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) an express request by you; (d) suspicion of fraud; or (e) unexpected technical issues or problems.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited and we may take any other action we reasonably deem appropriate.

10. DISCLAIMERS & LIMITATION OF LIABILITY

To the extent permitted by law, we, our officers, employees, agents, directors and third parties connected to us hereby exclude:

all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:
that the Website and MindPeers Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
that the Website and MindPeers Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
warranties as to privacy and security other than as stated in our Privacy Statement;
that you will be able to access or use the Website or MindPeers Services at times or locations of your choosing; and
any warranties on the basis of oral or written information given by a MindPeers representative.
any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Website and MindPeers Services or in connection with their use, or results of the use of the Website and MindPeers Services, any websites linked to them and any materials posted on them, including without limitation any liability for; loss of income or revenue loss of business, loss of profits or contracts, loss of anticipated savings, the use of money or opportunity, loss of data; loss of goodwill or reputation, wasted management, office time or personnel time, work stoppage, computer failure or malfunction, or any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this Section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
You understand and agree that although an Expert may be a MindPeers therapist or other mental health professional, MindPeers cannot predict or assess the competence of, or appropriateness, or verify the credentials of such Professional. MindPeers disclaims any and all liability for any consultation and therapy services rendered by a Professional to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access a Professional through the Website and to continue to interact with such individual(s), and that the role of MindPeers is strictly limited to providing access to such Professionals to you.

11. GOVERNING LAW

This Agreement shall be governed by the Laws of India, and the Courts of New Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.

12. MISCELLANEOUS PROVISIONS

Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
No Refund on Plan Expiry: MindPeers may have plans on it's portal which may allow the user to buy 'credits' in advance for ease in transaction or also gift session credits to other users. However, sometimes, these plans may carry an expiry term with them. Once the term of expiry is reached, the credits will no longer be usable. These plans or any plans of this nature are not refundable under any circumstance.

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