you for using MindMatters! Online (also referred to as MiMO). MiMO is a
web application (website) dedicated to NON - EMERGENCY mental
healthcare. Through our website, we offer online internet based
healthcare Services and packages or products, which may use emails,
mobiles, video, telephone, webcam, and other technology devices. All the
above services are delivered by a team of highly qualified, competent,
experienced doctors and support staff, who are committed to the highest
standards of professionalism and quality. Leveraging technology, we aim
to bringing specialised mental healthcare across regions, and provide
world-class care at very affordable prices.
begin using our services simply by visiting the Website on any page. By
using the service in any form, you signify your acceptance to all the
you are accessing this website from in addition to applicable laws of
the Republic of India and additional governing state / local laws if
any. MiMO requires that its agreements be made with persons who are
legally qualified to enter into a contract. Thus, you must be a major
i.e. above the age legally required for being able to contract in your
region in order to be able to register for our services.
use of any services (referred to as "Offering" and defined herein
below) offered by MindMatters! Online is subject to the terms and
conditions mentioned in this document, without prejudice to any
additional terms which may be part of the agreement specific to the
service that you wish to avail. Your agreement with MindMatters! Online
will always include, at a minimum the terms and conditions set out in
this document and this will include your complete and unconditional
assistance and offerings we make through our web pages a lot of
information and content in written format, and / or videos, podcasts,
audio files, pictures, images, photographs, etc. Our medical
professionals may interact with you for answering your questions, or
giving you advisory. Our support staff may interact with you for
resolving your problems or questions, or acknowledging your suggestions.
All our interactions, whether through static content, or through
various channels such as forms, chat, email, video, audio, phone,
internet, or non-internet based, are singularly called a Service or
Offering, and collectively called Services or Offerings.
shall refer to www.mindmattersonline.com or any other domain or
sub-domain which may be used by MindMatters! Online for providing the
Offering. The term includes the website with all its content and
technologies, and components connected with it, which enables us to
deliver the Services, and enables interaction between you and Medical
Professionals and Associates. (the words "all its content and
technologies" were repeated, deleted the repetition and introduced the
terms "MindMatters! Online", MiMO, "we", "us", "our" or any grammatical
variation of the preceding terms shall refer to MindMatters! Online,
and include unless repugnant to the context, its directors,
shareholders, employees, contractors, associates, any Medical
Professional (herein below defined) affiliated with MindMatters! Online
and working on our behalf.
terms "you", "your" or any grammatical variation shall refer to any
patient using our services, any person using our services on behalf of
the patients or the user of any of our interfaces including but not
restricted to our websites, e-mails or web cam chats.
term "Medical Professional", wherever used, shall mean and refer to
either psychiatrists, or doctors other than psychiatrists, or both of
the above, depending on the context and your requirements.
- "Associates" shall refer to our sales staff, support staff, and all others who are not Medical Professionals
- The term "Medical Information" shall include but not be limited to case sheets, prescriptions, lab reports and x-rays.
Provision of the Offering by MindMatters! Online
services. Your use of Website by browsing, and/or clicking on any of
the links present on the website, or any other means of communication to
interact with us shall be construed as your acceptance of our Terms of
Use even if no transaction has taken place.
may not make use of our Services if you do not agree to our terms of
service or if you are under the age required by the laws in your country
or state for entering into a binding agreement. If you are under the
required age, then a parent or guardian must accept this Agreement and
guide all consultations under the Services offered. The parent or
guardian will assume full responsibility for ensuring that all
information supplied to MiMO is accurate, and information about you and
your consultations are kept secure. If you are unable to provide the
acceptance of such parent / guardian, you may not use this Website.
making use of our Services, you admit that you have chosen to make use
of our Services voluntarily and you have not been coerced in any manner
whatsoever. Your use of our Services shall be construed as your
admittance of the fact that you are capable of contracting and giving
consent with regards to the agreement between you and MindMatters!
Use of MindMatters! Online's Offering
Services are not for use in medical emergencies or situations requiring
immediate medical attention. IN CASE OF EMERGENCY OR A SITUATION THAT
DEMANDS IMMEDIATE / PROMPT MEDICAL ATTENTION, PLEASE DO NOT USE THIS
WEBSITE / WEBSITE, AND IMMEDIATELY AVAIL EMERGENCY MEDICAL SERVICES
AVAILABLE AT YOUR LOCATION.
of MiMO Services and Website requires basic familiarity with Internet
and computing devices such as computers, web-cam etc. You agree that you
possess the necessary basic skills and knowledge to avail MiMO
Online intends to provide you with the finest Services and products and
we would try to innovate and improve our Services with time. You
acknowledge that the nature, form or terms of the Services offered by us
may change with time.
acknowledge and agree that MindMatters! Online may stop (permanently or
temporarily) providing the Offering (or any features within the
Offering) with or without notice, generally at MindMatters! Online's
sole discretion. MindMatters! Online shall not be responsible for any
direct, indirect or consequential loss or damage caused by modification
of the features, limitation of use of our Offering or the
discontinuation altogether thereof.
prejudice to anything mentioned above, if a Medical Professional is of
the opinion, for any reason whatsoever, that consultation and / or
treatment must be terminated, he/she may withdraw, suspend or terminate
works with many Medical Professionals who may be certified to practice
in a particular location which might not extend to your residence. You
shall be notified if the psychiatrist treating you or the corresponding
patient is not certified to treat someone in your country/state of
expressly acknowledge and agree that while booking for a consultation,
if you are alerted by the Website that the doctor chosen by you is not
entitled to treat in your country, you will refrain from consulting him /
her for treatment of your condition. If you elect to continue with the
booking, you acknowledge and agree that you will do so only if the
purpose of consultation is not for treatment but only for education,
clarification of doubts, or seeking a non-treatment opinion.
acknowledge and agree that while MindMatters! Online may not currently
limit your use of the Offering in any way, it may do so if your use
hinders with the ability of MindMatters! Online to carry on its
operations or the ability of other patients to use the Offering.
supply of the Offering will be subject to your making payments in the
manner as stated in the contract for the service. In the event of the
service being permanently or temporarily stopped by us, MindMatters!
Online shall not be called on to repay any amount received, other than
what is applicable under its prevailing refund policies if any. Unless
otherwise specified by MiMO, no refunds will be granted for any payments
made under any circumstances.
- MindMatters! Online might alter its pricing at any time and you shall be made aware of this via the Website or E-mail.
acknowledge, agree and warrant that any payments made by you will be by
using an instrument (including but not restricted to Credit card /
debit card / net banking etc) that you are legally entitled to. You are
solely responsible for all liabilities and consequences that arise out
of misuse of any credit or debit card, net banking, or any other payment
mechanism, that you are not legally entitled to.
shall be required to have at least one video conferencing session with a
Medical Professional prior to or during your use of our services. We
may choose to discontinue providing our Services if the Medical
Professional is unable to have an online video conferencing session with
you, due to any reason including but not limited to your inability or
reluctance to do so and technical problems.
Online does not make any representation as to compliance with
government regulations in your region which may require disclosure of
information with respect to any drugs, medicines, preparations or
formulations that may be prescribed to you, nor for any specific
treatment, action or application or preparation of medication.
agree to contact a qualified, competent physician immediately in your
location should your condition change or your symptoms worsen and you
understand that MindMatters! Online will not be a party to such
consultation with an external physician.
Security of your account
order to access certain Offering or for your continued use of the
Offering, you may be required to provide information about yourself. You
agree that any information you give to MindMatters! Online will always
be accurate, correct and up to date. MindMatters! Online shall not be
liable for any loss or damage caused due to faulty information provided
to us by you.
will store your personal health information online, including health
conditions, allergies and medications as declared by you. The record of
any interactions with a Consultant as part of an internet form, email,
chat, telephone or video consultation becomes part of your record. You
agree to provide accurate information for your record, and also to
review such information periodically and update whenever necessary,
including but not restricted to your email id, telephone numbers,
allergies, latest test reports, and alternative contact details.
Detailed information regarding use of your record, and who may have
will not validate the accuracy, completeness, adequacy or usability of
information in your record. It is your responsibility to also ensure
correctness of any third party information in your record.
is strongly recommended that you must maintain such records outside of
the website also so that they are accessible at all times, irrespective
of your access to the internet, or availability of the website. You are
strongly advised to print out your e-Prescriptions, and retain adequate
backups every time you consult. It is also advisable to keep such data
handy and available and within easy reach of the person/ s responsible
to attend to you in case of an emergency. MIMO ACCEPTS NO RESPONSIBILITY
OR LIABILITY WHATSOEVER FOR FAILURE TO MAINTAIN YOUR RECORDS.
reserves the right to delete or destroy any or all records including
but not restricted to records of video consultations, communications and
materials posted or uploaded to MiMO Service / Website in accordance
with its internal record retention and/or destruction policies.
may send you emails or printed communication, containing information
regarding common medical and health-related topics, preventive care
messages, specific medical and health related information, links to
other related websites and specific information related to your record.
MiMO may also make available content in the website related to medical
and health information. All such content and resources are general, and
should not be construed as expert medical advice specific to you. Such
communication, information and resources are solely meant for general
education and information. In no case should such communication be taken
as a substitute for expert medical opinion, medical diagnosis and / or
medical treatment. Such communication, information or resources do not
constitute practice of medicine or dispensing of medical services by
MiMO. MiMO makes no warranty with respect to the adequacy, completeness,
accuracy and relevance of these materials or the information contained
may be various forums (such as the question and answer forum) where you
may post a specific question on your medical condition. In the forum,
there may be other users, who are not qualified medical practitioners
who may share their view or opinion on your condition or their
experiences. MiMO strongly advises you to understand the risks of
following such un-qualified suggestions and information. You should
always consult and rely on the opinion of a qualified medical
practitioner only through a formal consultation process, who is
competent to advise you on your specific condition. You expressly
understand that the comments / opinions / posts made in such forums by
any individual whether a Medical Professional or not is purely his/ her
own, and not necessarily endorsed by. Therefore MiMO accepts no
responsibility whatsoever for your reliance / depending on any comments
made by anyone whosoever, in such general forums, even if such comments
are for your specific question / condition.
- MiMO encourages you to interact and provide feedback in the form of comments and / or suggestions.
may share your personal information with third parties as and when
considered necessary by us (e.g. certain information of our clients
could be shared with third parties for the process of payment for our
services). For more information regarding the manner in which your
the use of our services you might be required to undergo certain
physical or clinical tests to be undertaken by certified physicians
according to the recommendation of medical professionals. We shall not
be held liable if the treatment provided by us is affected due to faulty
data provided by such tests or unavailability of the required data.
has a wide range of Services that are available to you against payment.
Such payments may be one-time, or a recurring subscription. You agree
to pay all required fees and amounts, as set out by MiMO on its website,
and as amended from time to time. You acknowledge and agree that all
such price information, terms and conditions of payment set out, terms
and conditions and restrictions of change of scheduling, terms,
conditions and restrictions of refund etc shall all together be
considered as a part and parcel of these Terms.
- You understand that it is important that the information you provide is always current, complete, and accurate.
acknowledge and agree that you are required to pay all fees and amounts
in full prior to consultations or commencement of subscription term, as
the case may be. You are expected to be fully aware of the
applicability of refunds, your eligibility for a refund and refund
process that are clearly set out on the website and updated from time to
time. If you have any questions about the fees being charged, or about
applicability of refunds, you must contact MiMO associates through the
communication and / or information channels available on the website,
PRIOR to making your payments. In case you are not entitled to a refund,
and you make a payment, you may still forfeit your payment even if you
later claim ignorance of these Terms.
a part of its continuous improvement and innovation, MiMO reserves the
right to alter its pricing for any or all of its services, at any time.
With respect to an ongoing service that is fully paid for, or an ongoing
subscription, such revised prices will apply immediately after the
expiry of the current ongoing service or subscription as the case may
be. In case of subscriptions, all such price revisions shall apply for
will view very strongly any disputes that are made by you with respect
to any charges on your account, that are later found to be valid.
Without prejudice to any other legal recourse and remedies available,
MiMO may take immediate and summary action that may include a fine,
suspension and / or termination of services and / or account. Any such
fines and costs shall be treated as principal debt owed to MiMO by you.
agree not to access (or attempt to access) the Offering by any means
other than through the interfaces provided by MindMatters! Online. You
specifically agree not to access (or attempt to access) any of the
Offering through any automated means (including but not restricted to
through the use of scripts or web crawlers), or to undermine the
security or integrity of the Website, and will not attempt to gain
agree that there could be service disruptions, interruption of a
consultation, breaks in communication or other disruptions related to
technology or otherwise. This may result in incomplete or erroneous
Service delivery. You fully understand these risks, and accept them, and
agree to hold MiMO harmless against any and all of such risks.
you have been specifically permitted to do so in a separate agreement
with MindMatters! Online, you agree that you will not reproduce,
duplicate, copy, sell, trade or resell the Offering for any purpose.
agree that you are solely responsible for any breach of obligations on
your part of the Terms mentioned in this document or in any contract
between you and MindMatters! Online and for the consequences (including
any loss or damage which MindMatters! Online may suffer) of any such
services provided by third parties using the Website or directly or
indirectly connected to the Offering shall not be subject to this
arising out of any such services, to the fullest extent permitted under
- MiMO expressly prohibits you from directly indulging in or inciting or encouraging anyone else to indulge in:
- including but not restricted to unsolicited bulk email, bulk and / or
repeated postings, unsolicited posting to news groups, etc.;
of malicious, defamatory, derogatory remarks, comments or content,
profanity, use of vulgar / unparliamentary language, abuse, threatening,
posting of pornographic content, material, or links, or indulging in or
supporting any illegal activities;
- advertisement or publicity of any other product or service;
- infringement upon the rights of others;
- introduction or propagation of computer worms or viruses or malware, adware, malicious code, or spyware of any kind;
a false identity, attempt to gain unauthorized entry to any site or
network, infringe copyrights, trademarks, or other intellectual property
agree to comply with the above requirements in totality and further to
comply with applicable laws related to the transmission data and other
information via internet. You agree that without prejudice to any legal
and criminal proceedings that MiMO or any legal authority may initiate
against you for violation of the above terms, your account will be
terminated for any of the above infractions. MiMO may also proceed
against you to recover exemplary damages by way of loss of reputation,
disruption of service etc, should you be found to violate the above
provisions. By accepting this agreement you are holding MiMO harmless
against any and all liabilities that it might be subject to, as a
consequence of your violation, even if such violations could be foreseen
and acted upon or prevented by MiMO.
misrepresentation or false statements made by you at any time including
but not restricted to during registration or in the course of any
interaction with any MiMO Medical Professional or Associate, is a
violation of these Terms and may result in your account being suspended
immediately without further notice, either temporarily or permanently,
without prejudice to any other action that MiMO may be entitled to take
under this agreement or any applicable prevailing laws..
Content in the Offering
Online shall provide its services primarily through the Website. You
might need to make use of a web-based account to make use of our
services. You agree and understand that you are responsible to
MindMatters! Online and to third parties for maintaining the
confidentiality of passwords associated with any account you use to
access the Offering. You are responsible for any and for all activities
carried out under your MiMO login and account.
Online will take due care to ensure the confidentiality of your
credentials. You agree and acknowledge that in the very unlikely event
of your credentials becoming known to a third party on account of an
intrusion into MindMatters! Online database, MindMatters! Online shall
not be made liable for the resulting damages.
agree to not to share your password with anyone and If you become aware
of any unauthorized use of your password or of your account, you agree
to notify the concerned personnel at MindMatters! Online immediately.
agree that MiMO's services are internet based, and are therefore
subject to all risks of the medium, including but not restricted to
disruption in communication, misunderstanding due to remote
communication, transmission errors, corruption or compromise of data,
vulnerabilities that such medium is prone to, etc. You unconditionally
accept all risks, and agree to be solely responsible for the
consequences of such risks, and hold MiMO free from any responsibility
Online shall not be liable for misuse or wrong use of your credit card
information, or online banking information, should you choose to use
those modes of payment. You acknowledge you are aware of risks of
internet based payments and agree to take all required precautions to
safeguard your interests, and also agree and acknowledge that MiMO will
not be held responsible for any breach in security during or after your
prejudice to anything contained anywhere in these terms, you expressly
understand, acknowledge and agree that given the internet medium and its
vulnerabilities, you understand and accept all risks and
vulnerabilities, and will hold MiMO completely harmless against any or
all consequences of the security any of your information being
compromised or breached for any reason whatsoever.
Online makes no warranty regarding any treatment. MindMatters! Online
does not guarantee that a web-based consultation, telephone consultation
or video consultation is the appropriate course of treatment for your
particular health problem.
MiMO nor its Medical Professionals or any other employee or associates
directly or indirectly endorse any advertisement of any third party that
may appear on our Website.
should be aware that content presented to you as part of the Offering,
including but not limited to advertisements and promotional material of
MindMatters! Online or other companies, is protected by intellectual
property rights which are owned by MindMatters! Online, or the sponsors
or advertisers who provide that content to MindMatters! Online (or by
other persons or companies on their behalf). You may not modify, rent,
lease, loan, sell, distribute, copy or create derivative work based on
this content (either in whole or in part) unless you have been
specifically permitted to do so by MindMatters! Online or by the owners
of that content, in a separate agreement.
Online may at time communicate certain information to you regarding
various ailments, treatment etc. that may not be in relation to the
treatment being undertaken by the patient. We would like to state that
such information is merely for educational purposes and should not be
construed as an alternative to patient-specific treatments.
content being disseminated using MindMatters! Online's sales network or
the product, service or Website may be pre-screened, reviewed, flagged,
filtered, modified or simply refused or removed. Any spam or
pornographic material and / or any illegal content will be immediately
deleted and we reserve the right to take appropriate legal action.
represent and warrant that if you elect to register on the Website, you
will do so under your own name and use MiMO Website in accordance with
these Terms and abide by the obligations therein.
agree that MindMatters! Online has no responsibility to you or to any
third party, for any content that you create, transmit or display while
using our Offering or for the consequences of your actions (including
any loss or damage which MindMatters! Online may suffer) by doing so,
and further that you will hold MiMO harmless and indemnify MiMO against
any and all such consequences.
understand that by using the Offering you may be exposed to content of
other users that you may find offensive, indecent or objectionable and
that, in this respect, you use the Offering at your own risk.
MindMatters! Online shall not be made responsible for any repugnant
content circulated on its Offering by other users. On noticing any such
content, it is your duty to bring it to the attention of MindMatters!
Online employees immediately.
Intellectual Property Rights
Termination of your relationship with MindMatters! Online
storage, reproduction, copying, display or redistribution of the MiMO
logos or marketing and publicity content is strictly prohibited without
written permission from MiMO. The matter, layouts, images, icons,
pictures, graphics, colour combinations, style, patterns, designs and
other content are protected under applicable copyrights, service marks,
registered marks, trademarks and other proprietary rights. MiMO shall
solely retain all rights, title and interest in any and all such
- The foregoing does not apply to your MiMO records pertaining to your personal data.
agree that you will not modify, reproduce, copy, store, display, sell,
rent, lease, loan, transfer, transmit, distribute, decompile,
reverse-engineer, reverse-assemble, or otherwise attempt to extract
source code or any programming content used within or with the Website.
You may not transfer, sell, assign, loan, rent or lease, grant a
security interest or otherwise attempt to alienate any rights or create
derivative works based on it or in any manner commercially exploit the
Website and / or the Services, whether fully or in part. You agree that
we will view violations by you of these terms with utmost seriousness
and will relentlessly prosecute you to the fullest extent possible under
the any and all applicable laws, and further seek compensation from you
to the fullest extent possible, under any and all laws applicable. You
also acknowledge and agree that the final decision of whether you are in
violation of any of these terms is at the sole discretion of MiMO.
as expressly provided in these Terms, no other right or license with
respect to any copyrights, patent rights, trademark rights or other
proprietary rights are granted under this agreement either to you or
anyone else with respect to your account and usage. To the extent any
rights are not expressly granted under these Terms, all such rights are
expressly reserved to MiMO.
acknowledge and undertake that you are responsible for any property
rights of content that you post if such rights are already reserved by
you or any third party. You alone are solely responsible to ensure that
anything that you post or provide by way of feedback does not violate
any and all applicable laws including but not restricted to those
related to intellectual property protection, prevention of piracy,
copyrights, patents etc, and that whatever you post or provide does not
infringe upon any rights of any other party. MiMO expressly disclaims
any responsibility or liability for such content that infringes upon any
rights of any other party. Should there be such violations and / or
infringements, MiMO reserves the right to take down such content, and
take all legal steps available to prosecute you and to claim damages
from you to the fullest extent permissible under any and all available
applicable laws for the time being in force.
acknowledge and agree that when you use the Offering, you may have
access to material that may be in written or electronic form, for
example but without limitation, the matter on the web-pages, videos,
podcasts, forums, message boards, messages, chats, etc. In addition, you
may be exposed to many business processes such as registration,
payment, customer service etc. You may use multiple features of the
website, and access documentation and help about the Website. All such
material, which includes but is not restricted to information, software
and documentation, both electronic and printed media, logos, processes,
images, drawings, videos, podcasts, audio clips, content, trade secrets,
patent related material and other content are the sole proprietary
intellectual property of MindMatters! Online. MindMatters! Online owns
all legal right, title and interest in and to the Offering, including
any intellectual property rights which subsist in the Offering (whether
those rights happen to be registered or not, and wherever in the world
those rights may exist). You further acknowledge that the Offering may
contain information which is designated confidential by MindMatters!
Online and that you shall not disclose such information without
MindMatters! Online's prior written consent. Unauthorised use of our
trademark, logos etc shall be punishable under appropriate Indian laws.
additionally agree that in using the Offering, you will not use any
trade mark, service mark, trade name, logo of any company or
organization in a way that is likely or intended to cause confusion
about the owner or authorized user of such marks, names or logos.
expressly grant an unconditional perpetual worldwide license to MiMO in
respect of any feedback from you, including but not limited to emails
or physically written messages, verbal or written appreciation, posts on
the website, comments, chats, part or whole of video sessions, notes,
feedback form on the website, artwork, communications, computer code or
creative materials provided to MiMO and / or any content that you
submit, post, transmit or display on, or through, the website, including
any intellectual property rights which subsist in that content (whether
those rights happen to be registered or not, and wherever in the world
those rights may exist) for use by MiMO for any purpose, including but
not restricted to reproduction, disclosure, publishing, distribution,
publicity, marketing, and the like without any compensation to you,
subject to the restriction that your personal information or information
about a medical condition or disease you are suffering from which can
be directly associated with your identity, shall not be publicly made
available without your consent. Unless you have agreed otherwise in
writing with MindMatters! Online, you agree that you are responsible for
protecting and enforcing those rights and that MindMatters! Online has
no obligation to do so.
enable you to use the Website, MiMO hereby grants you a non-exclusive,
non-transferable temporary license subject to the following conditions:
license is granted to you only when you are registered on the website,
and maintain an active and valid account, and is valid only for the
duration logged in;
- The license is immediately revoked when your account becomes invalid, is suspended, closed or otherwise inactive;
where expressly permitted to download or print (e.g. your
prescription), you may not store any of the Services (including any
portion of the software or documentation) on any computer or other
device, or copy or otherwise use such information to create derivative
may not attempt to or permit any attempt to re-engineer, decompile,
reverse engineer, modify in any manner, copy, or reproduce or extract
the source code of the software or any part thereof, or its
- You may not transfer, sell, assign, loan, rent or lease your rights under this license;
license does not transfer or create any rights whatsoever in MiMO's
intellectual property to you or anyone else, even temporarily;
valid MiMO account is created and maintained by you, by fully and
accurately providing your personal information and you are required to
periodically review and update such information to ensure its
applicability and accuracy.
Exclusion of warranties
- The Terms will continue to apply until terminated by either you or MindMatters! Online as set out below.
- MindMatters! Online may at any time, terminate its legal agreement with you if:
have breached any provision of the terms (or have acted in manner which
clearly shows that you do not intend to, or are unable to comply with
the provisions of the terms); or
Online is required to do so by law (for example, where the provision of
the Offering to you is, or becomes, unlawful);
- You or MiMO decide at anytime to terminate this agreement for any reason whatsoever.
termination, your right to use the MiMO Services and the licenses
granted hereunder shall be terminated immediately. Further, your rights
to use the Services and the licenses granted hereunder shall stand
terminated automatically and immediately, without further notice, in the
event you fail to comply with any of the Terms. Upon any termination,
you will destroy any and all MiMO materials that may be in your
possession and cease any access of MiMO Services / Website.
these terms come to an end, all of the legal rights, obligations and
liabilities that you and MindMatters! Online are subject to in relation
to the obligation to maintain confidentiality or such other legal
rights, and the terms related to Indemnification, Property Rights, and
other obligations and liabilities which are expressed to continue
indefinitely, shall be unaffected.
termination MiMO may send a notice of termination of Services to you
via contact details available in your personal data. MiMO does not
accept any responsibility for undelivered notices due to changed or
obsolete data in your profile - therefore it is of utmost importance for
you to keep updated, correct and current data related to your account.
Upon termination, MiMO may delete all data, files, or other information
that is stored without any further notice, warning, or reasons.
have breached any provision of the terms (or have acted in manner which
clearly shows that you do not intend to, or are unable to comply with
the provisions of the terms); or
Online is required to do so by law (for example, where the provision of
the offering to you is, or becomes, unlawful).
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR
SOLE RISK AND THAT THE OFFERING IS PROVIDED ON AN 'AS IS' AND 'AS
- IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT AND EXPRESSLY EXCLUDE TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW,THAT:
- THE OFFERING IS APPROPRIATE OR ADEQUATE FOR YOUR MEDICAL CONDITION;
- YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE.
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND WE WILL NOT BE
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF TRADE, FITNESS FOR A PARTICULAR PURPOSE AND
TO THE INHERENT CHARACTER OF INTERNET MEDIUM AND CONSEQUENT
VULNERABILITIES, MiMO DOES NOT GUARANTEE DATA TRANSMISSION AND / OR
STORAGE OVER THE INTERNET TO BE SECURE. WHILE WE STRIVE TO PROTECT YOUR
PERSONAL INFORMATION FROM UNAUTHORIZED ACCESS, USE OR DISCLOSURE, WE
CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT OR
PROVIDE TO US OR THAT WHICH WE STORE ON COMPUTER SYSTEMS.
EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND ACCEPT THAT YOUR DATA PRIVACY AND
SECURITY MAY BE COMPROMISED OR BREACHED DUE TO VARIOUS REASONS
INCLUDING BUT NOT RESTRICTED TO HACKING, INTRUSION, VIRUSES MALICIOUS
PROGRAMS AND OTHER TECHNOLOGY THREATS. IN ANY AND ALL OF SUCH CASES, YOU
AGREE NOT TO HOLD MiMO RESPONSIBLE FOR ANY AND ALL DAMAGES AND LOSSES
CAUSED TO YOU.
Limitation of Liabilities
admit that you are making use of our Services out of your own volition
and are fully aware of the risks involved and you assume full
responsibility of such risks. We disclaim all representations and
warranties, express or implied, statutory or otherwise, including but
not limited to warranties of merchantability, fitness for a particular
purpose, title and non-infringement. We do not make any warranties
regarding the suitability, adequacy or accuracy of our Services.
cannot be held liable if a treatment or drug suggested by us is against
the laws of the state/ country you reside in. It is your responsibility
to ensure that the treatment or drugs being prescribed are legal in
your country or state.
acknowledge and agree that interruptions in our Services could occur
for any reason whatsoever and that MindMatters! Online shall have no
liability for any claim, cost, charge, loss or expense arising from or
relating to use of the Services.
including its Medical Professionals and / or Associates are under no
obligation at any time to validate the correctness, usability, and / or
adequacy of any information provided by you for use in Services.
Therefore you are solely responsible for the information provided by
you, and the consequences of reliance on such information by MiMO.
Changes to the Terms
shall NOT BE LIABLE under any circumstances, INCLUDING IN CASE OF
NEGLIGENCE ON ITS PART, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE
MIMO SERVICES / WEBSITE, OR THAT RESULTS FROM ERRORS, MISTAKES,
INTERRUPTIONS, DATA CORRUPTION, DELETION OF DATA OR INFORMATION,
OMISSIONS, DEFECTS, BUGS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD,
COMMUNICATION FAILURE, MALICIOUS ATTACK, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO MIMO RECORDS, PROGRAMS OR SERVICES. You
acknowledge that this provision applies to all content and functionality
of MiMO Services / Website.
- SUBJECT TO OVERALL PROVISION IN CLAUSE 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR:
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL WHICH MAY BE
INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER
INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS
REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS;
LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED
TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY CHANGES WHICH WE MAY MAKE TO
THE OFFERING, OR FOR ANY; PERMANENT OR TEMPORARY CESSATION IN THE
PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND
OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR
USE OF THE OFFERING;
(III) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
CLAUSES IN THIS SECTION AND THOSE RELATED TO INDEMNIFICATION,
DISCLAIMERS AND EXCLUSION OF WARRANTIES AND EXCLUSION / LIMITATION OF
LIABILITY SHALL APPLY AND BE BINDING ON YOUR SURVIORS / SUCCESSORS IN
THE UNFORTUNATE EVENT OF DEATH BEING A CONSEQUENCE OF ANY BREACH
WHATSOEVER IN SECURITY OF THE WEBSITE.
Online may make changes to the terms from time to time. MindMatters!
Online will post such changed terms on the Website as soon as they are
effective. We reserve such right, at any time, to modify, alter, or
update these terms and conditions without prior notice at any time.
Modifications shall become effective immediately upon being posted at
the website. Your continued use of the website after such amendments are
posted constitutes an acknowledgment and acceptance of the terms and
the modifications therein.
General legal terms
the purposes of all clauses under this section, the term MiMO includes
its shareholders, affiliates, directors, officers, managers, employees,
contractors or other representatives and any action may be taken jointly
and severally by such persons for the benefit of MiMO.
agree to release, indemnify, and hold harmless, MiMO from all
liabilities, claims and expenses, including attorney's fees, costs and
fees of any third parties relating to or arising under:
- this Agreement;
- or the Services provided hereunder;
your use of the Services, including but not restricted to, infringement
by you or someone else using the Service / Website with your computer /
login credentials, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any of the
further agree to release and hold harmless, MiMO against any
consequences, damages, liabilities, or losses whatsoever, that you may
suffer as a result of you using the Services, or the Website.
further agree to release and hold harmless, MiMO against any claims and
/ or suits that any third party may bring against us on your behalf,
for all liabilities, claims and expenses, arising out of this agreement,
or the Services provided hereunder, or your use of the Services /
Website, irrespective of the cause on which such claims are founded.
will defend, indemnify, save and hold MiMO harmless from any and all
demands, liabilities, losses, costs and claims, including attorneys'
fees, ("Liabilities") asserted against them, that may arise or result
- your violation of any of the Terms;
- directly or indirectly by you or any person whom you have knowingly or unknowingly allowed to access MiMO Services / Website.
anything contained above, your exclusive remedies for all damages,
losses and causes of actions whether in contract, tort, including
negligence or otherwise, shall not exceed the purchase price of the
product / Service or the aggregate amount which you have paid directly
to MiMO during the month to which such claims pertain. Such limitations
shall apply to MiMO's total aggregate liability for any and all reasons
including but not restricted to those of negligence, tortuous behavior,
or any breach.
addition, to the maximum extent permitted by law, in no event shall
MiMO be liable for any special, punitive, indirect, incidental or
consequential damages, including but not limited to death (whether or
not wrongful), injury, loss of use, loss of profits, interruption of
Service or loss of data, whether in any action in warranty, contract,
tort (including, but not limited to negligence or fundamental breach),
or otherwise arising out of or in any way connected with the use of, or
the inability to use, the Services / Website, even MiMO is advised of
the likelihood or possibility of the same.
in certain locations, by law, any of the above limitations of liability
are not applicable, then such limitations shall not apply in such
locations to the extent of such inapplicable limitations. This will not
affect any other limitations above that are not restricted by law in
terms constitute the legal agreement between you and MindMatters!
Online and govern your use of the Offering, but without prejudice to any
additional terms which may be part of an agreement specific to the
Service you wish to avail of (but excluding any Offering which
MindMatters! Online may provide to you under a separate written
agreement), and completely replace any prior agreements between you and
MindMatters! Online in relation to the Offering.
agree that if MindMatters! Online does not exercise or enforce any
legal right or remedy which is contained in the terms (or which
MindMatters! Online has the benefit of under any applicable law), this
will not be taken to be a formal waiver of MindMatters! Online's rights
and that those rights or remedies will still be available to
any portion of this document is held to be unenforceable, the
unenforceable portion must be construed as nearly as possible to reflect
the original intent of the Parties. The remaining portions remain in
full force and effect.
Online may freely transfer, assign or delegate all or any part of this
in this document will be binding upon and inure to the benefit of the
heirs, successors and permitted assignees of both the parties.
and MindMatters! Online agree that any dispute regarding agreement(s)
between you and us shall be referred to arbitration. The arbitrator
shall be appointed by MindMatters! Online and the seat of arbitration
shall be Hyderabad, in India.
other dispute or disagreement of a legal nature will also be decided in
accordance with the laws of the India, and the Courts of Hyderabad in
India shall have exclusive jurisdiction in all such cases.
you and MiMO agree to waive respective rights for a jury trial with
respect to any disputes, to the fullest extent permitted by law.
- This Agreement shall be governed by and shall be construed in accordance with the laws of the Republic of India.
or delay in exercising any rights under this agreement by either you or
MiMO, or failure to insist upon or enforce strict performance of any
provision of this Terms, shall not be considered waiver of such right,
even if there are multiple, successive instances of such failures or
delays. If a valid waiver is made in writing, no single waiver shall be
considered a continuing or permanent waiver.
provisions of these Terms act individually and collectively. In the
event of any clauses herein that are unenforceable, the remainder of
clauses shall continue to apply as if the unenforceable term did not
expressly understand and agree that these Terms do not authorize you to
be a representative of MiMO or vice-versa, for any purpose whatsoever.
Neither you nor MiMO has the power or authority whether as agent,
employee or in any other capacity to represent, act for, bind or
otherwise create or assume any obligation on behalf of the other for any
may provide notice/s to you at the contact details provided by you, or
by a general notice on the MiMO Website / Website. You may give notice
to MiMO at any time via the contact information and channels available
to you on the website.
If you have any questions or concerns about these terms, or you wish to
have more information, contact us at email@example.com
or write to CEO, DDR HEALTH CARES PRIVATE LIMITED, HNO 2-56, FLAT
NO-401, RUBY BL DEVI HOMES,, YOUTH COLONY, HAFEEZPET, SHERILINGAMPALLY,
HYDERABAD - 500019, Andhra Pradesh, INDIA. We normally respond within 3
working days of having received your email and within 15 days of having
received other forms of postal mail / communication.