1. Terms & Conditions
1.1
This document is an electronic record as per the Information Technology Act, 2000; the rules framed there under as applicable; and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of https://zenteredminds.com/ (the “Platform” / “Website”).
1.3
This website is owned and operated by Zentered Minds Psychological Services, operating under the brand name Zentered Minds, a company incorporated under the provisions of the MSME Act, 2020 and having its registered office at: A-106, Asha Apartment, Bajaria, Ghantaghar, Ghaziabad, Uttar Pradesh-201001.
1.4
The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our online platform through which counselling may be provided (“Services”). By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.
1.5
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
1.6
For the purpose of these Terms, wherever the context so requires “You,” “Your” or “User” shall mean any natural person who uses the Website for availing the Services. The term “We,” “Us,” “Our,” “the Company” shall mean Zentered Minds its employees, and authorized agents that perform any services on the Company’s behalf.
1.7
If you are not an individual and are an incorporated/registered entity/institute/organization seeking to avail the services of Zentered Minds for your members/employees/students or any individuals registered with you for any services, you shall enter into an agreement/memorandum of understanding with the Company for this purpose. Each individual availing our services under such agreement/memorandum of understanding shall be bound by these Terms and Privacy Policy available here.
1.8
We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website; the date of the latest revision of these Terms will appear at the beginning of this page.
Use of the Website is available only to persons over the age of eighteen (18). By accessing or using our Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions. If you are a minor, i.e., under the age of eighteen (18) years, you shall not register as a member of the Website, unless you are accessing this Website with parental guidance or guidance of a legal guardian. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years and are accessing this Website without parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.
2. Counselors and Counselling Services
2.1
The Platform may be used to connect you with a Counselor who will provide services to you through the Platform (“Counselling Services”).
2.2
We require every Counselor providing Counselling Services on the Platform to be an accredited, trained, licensed psychologist, licensed professional Counselor, or similar applicable recognized professional certification. Counselors must have a relevant academic degree, and/or professional certification and/or license to practice as a mental health professional in their respective fields. The Company will also conduct a background check and verification of credentials of Counselors to the best extent possible.
2.3
We will not be liable for any counseling services provided by Counselors and any claims arising out of any counseling services. You hereby accept that the Company will not be a party to any dispute or claim raised by you against any Counselor.
2.4
By using the Platform and availing the Counselling Services, you represent and warrant that you are experiencing emotional distress and need assistance in this regard. You further warrant that you are seeking Counselling Services voluntarily and for your own benefit and have not been coerced or forced in any manner to use the Services. The Company is not liable for any misuse of the Counselling Services, and you shall indemnify the Company against any claim arising out of such misuse.
2.5
Any testimonials or opinions that may be shown on the Platform are individual experiences and are not typical. We make no guarantee of specific results and that the results can vary.
3. Your Account and Registration Obligations
3.1
If you register as a User on the Website, you will have an account with a username and password and you are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer and/or mobile to prevent unauthorized access to your account.
3.2
You agree to accept responsibility for all activities that occur under your account, username, and/or password, if any, and agree you will not sell, transfer, or assign your membership or any membership rights to your account.
3.3
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in the Company’s best interests to do so. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Zentered Minds immediately of any breach of security or unauthorized use of your account. Although Zentered Minds will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Zentered Minds or others due to such unauthorized use.
4. Content on the Platform
4.1
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Platform is owned, controlled, or licensed by or to Zentered Minds, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.
4.2
Except as expressly provided in these Terms, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Zentered Minds’s express prior written consent.
4.3
You may use information on Zentered Minds products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Zentered Minds for downloading from the Platform, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
5. No Unlawful or Prohibited Use
5.1
You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform and the resources available for download from the Platform strictly in accordance with these Terms.
5.2
As a condition of your use of the Platform, you warrant to Zentered Minds that you will not use the Platform or any of the resources available for download from the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform or any of the resources available for download from the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform.
5.3
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.
5.4
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of Zentered Minds or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
5.5
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. Zentered Minds content is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Zentered Minds and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Zentered Minds or our licensors except as expressly authorized by these Terms.
6. Electronic Communication
6.1
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.
7. Privacy Policy
7.1
We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.
8. Payments
8.1
You will be required to pay fees or charges for use of some of our services. By using such paid services, you agree to the terms of payment specified in the Platform. Payments are non-refundable.
8.2
We may change our fees at any time by posting a new pricing structure to our Platform and/or sending you a notification by email.
8.3
It is your sole responsibility to review the pricing and payment terms periodically to ensure you comply with our payment terms. If you continue to use the paid services after we update our fees, you agree to the new terms.
9. Links to Third-Party Websites/Third-Party Services
9.1
The Platform may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of Zentered Minds and Zentered Minds is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. Zentered Minds is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zentered Minds of the Website or any association with its operators.
9.2
Certain services made available via the Platform are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Platform, you hereby acknowledge and consent that Zentered Minds may share such information and data with any third party with whom Zentered Minds has a contractual relationship to provide the requested product, service, or functionality on behalf of the Platform users and customers.
10. Intellectual Property Rights
10.1
This Agreement does not transfer to you any intellectual property owned by Zentered Minds or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Zentered Minds. Zentered Minds, the Zentered Minds logo, and all other trademarks, service marks, graphics, and logos used in connection with the Platform are trademarks or registered trademarks of Zentered Minds or Zentered Minds’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Platform may be the trademarks of other third-parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any Zentered Minds or third-party trademarks.
11. Termination of Your Account
11.1
You can terminate your account at any time. If you wish to terminate your account, you may simply discontinue using the Platform.
11.2
We reserve the right to terminate or suspend your account and access to the Platform and its services if we believe, in our sole discretion, that you have violated these Terms or have engaged in any conduct that we believe is inappropriate or harmful to other users of the Platform, us, or third parties, or for any other reason.
12. Disclaimer of Warranties
12.1
THE PLATFORM IS PROVIDED “AS IS.” ZENTERED MINDS AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER ZENTERED MINDS NOR ITS SUPPLIERS AND LICENSORS MAKES ANY WARRANTY THAT THE PLATFORM WILL BE ERROR-FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.
12.2
YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE PLATFORM AT YOUR OWN DISCRETION AND RISK.
13. Limitation of Liability
13.1
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZENTERED MINDS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE PLATFORM, EVEN IF ZENTERED MINDS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
13.2
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZENTERED MINDS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR DAMAGES OR LOSSES ARISING FROM: (a) ANYTHING DONE OR NOT DONE AS A RESULT OF YOUR USE OF THE PLATFORM OR ANY CONTENT OR MATERIALS OBTAINED FROM OR THROUGH THE PLATFORM; (b) THE UNAUTHORIZED ACCESS TO YOUR ACCOUNT; OR (c) ANY COUNSELING SERVICES PROVIDED TO YOU BY COUNSELORS; OR (d) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS.
14. Indemnity
14.1
You agree to indemnify and hold Zentered Minds, its affiliates, officers, directors, employees, agents, suppliers, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of another person or entity; or (d) your violation of any applicable laws or regulations. Zentered Minds reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Zentered Minds. Zentered Minds will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
15. Governing Law and Jurisdiction
15.1
These Terms are governed by and construed in accordance with the laws of the State of Uttar Pradesh, India without regard to conflict of law principles.
15.2
You agree that any legal action or proceeding between you and Zentered Minds for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Ghaziabad, Uttar Pradesh, India.
16. Assignment
16.1
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zentered Minds without restriction.
17. General
17.1
This Agreement, together with the Privacy Policy and any other legal notices published by Zentered Minds on the Platform, shall constitute the entire agreement between you and Zentered Minds concerning and governs your use of the Platform, superseding any prior agreements between you and Zentered Minds with respect to the Platform.
17.2
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
17.3
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Zentered Minds’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
17.4
Zentered Minds reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Platform following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
17.5
Zentered Minds reserves the right to change, suspend, or discontinue the Platform at any time, including the availability of any feature, database, or content. Zentered Minds may also impose limits on certain features and services or restrict your access to parts or all of the Platform without notice or liability.
18. Contact Us
18.1
If you have any questions about these Terms, please contact us at: support@zenteredminds.com.