Shine Now, on behalf of itself and its affiliates/group companies under the brand "Mindgeny" ("Mindgeny"), is the author and publisher of the internet resource www.mindgeny.com and on the world wide web as well as the software and applications provided by Mindgeny, including but not limited to the mobile application(s), Mobile Website, the other associated/ancillary applications, products, websites, and Mindgeny Platform managed by Mindgeny (together with the Website, referred to as the "Mindgeny Platform").

1. NATURE AND APPLICABILITY OF TERMS

1.1. Please carefully go through these Terms of Use ("Terms") and the privacy policy available at https://mindgeny.com/privacy-policy ("Privacy Policy") before you decide to access the Website or avail the services from the Mindgeny Platform made available on the Website by Mindgeny. These Terms and the Privacy Policy together constitute a legal agreement ("Agreement") between you and Mindgeny in connection with your visit to the Website and your use of the Mindgeny Platform (as defined below).

1.2. The Agreement applies to you whether you are:
1.2.1. Mental Health Care Professionals or other health care service providers (such as a psychologist, Practitioner, life coach, etc.) (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)", "you" or "User"); or
1.2.2. A Consumer /Client, his/her representatives, or affiliates, searching for Practitioners through the Website ("End-User", "you" or "User"); or
1.2.3. Otherwise a user of the Website ("you" or "User").

1.3. This Agreement applies to those services made available by Mindgeny on the Website, which may be offered free of charge and/or for valuable consideration to the Users ("Mindgeny Platform"), including the following:
1.3.1. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
1.3.2. For other Users: Facility to (i) create and maintain ’User Accounts’ , (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Mindgeny, (iii) to make sessions with Practitioners and (iv) view and use tools and resources made available on the Platform.

1.4. The Mindgeny Platform may change from time to time, at the sole discretion of Mindgeny and the Agreement will apply to your visit to and your use of the Website to avail of the Service, as well as to all information provided by you on the Website at any given point in time.

1.5. This Agreement defines the Terms of Use under which you are allowed to use the Mindgeny Platform and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at hello@mindgeny.com.

1.6. By downloading or accessing the Website to use the Mindgeny Platform, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written Terms of Use (if any) communicated to you relating to your use of the Website to avail the Mindgeny Platform. By availing of any Service, you signify your acceptance of the terms of this Agreement.

1.7. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the agreement so modified.

1.8. You acknowledge that you will be bound by this Agreement for availing of any of the services offered by us. If you do not agree with any part of the Agreement, please do not use the Website, or avail of any services through the Mindgeny Platform.

1.9. Your access to the use of the Website and the Mindgeny Platform will be solely at the discretion of Mindgeny.

1.10. The Agreement is published in compliance of and is governed by the provisions of Indian law, including but not limited to:
1.10.1. the Indian Contract Act, of 1872,
1.10.2. the (Indian) Information Technology Act, 2000, and
1.10.3. the rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").

2. CONDITIONS OF USE

2.1. You must be 18 years of age or older to register, use the Mindgeny Platform, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Mindgeny that you are 18 years of age or older and that you have the right, authority and capacity to use the Website and the Mindgeny Platform available through the Website, and agree to and abide by this Agreement.

2.2. If you use the Mindgeny Platform on behalf of someone else (such as your child, minor, ward or employee) or an entity (such as your employer), you represent that you are authorised by such individual or entity to (i) accept this privacy policy on such individual’s or entity’s behalf, and (ii) consent on behalf of such individual or entity to our collection, use and disclosure of such individual’s or entity’s information as described in this privacy policy.

2.3. Corporate User: Mindgeny may make available certain features and tools that permit certain Users (for example Corporate Organizations, Offices, Factories, Schools, etc.) to work with their Employees and other Users through the Mindgeny Platform in order to provide such user with Personalized Content, Workshops, Therapies, Science-based Assistance Program with Metrics to Measure Your Organization’s Mental Health ("Corporate User"). If You are a Corporate User, you must use Mindgeny registration the process as applicable to Business Users from time to time. If You are a Corporate User and You register an account for an employee, You represent and warrant that You have received express consent from such employee for You to register them on Mindgeny Platform. Without limiting the foregoing, you further agree to be bound by these terms on behalf of such user.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

3.1. The terms in this Clause 3 apply only to Users other than Practitioners.

3.2. End-User Account And Data Privacy
3.2.1. The terms "Personal Information" and "Sensitive Personal Data or Information" are defined under the SPI Rules and are reproduced in the Privacy Policy.
3.2.2. Mindgeny may through the Mindgeny Platform, collect information relating to the devices through which you access the Website and anonymous data of your usage. The collected information will be used only for improving the quality of Mindgeny Platform and to build new features and services.
3.2.3. The Website allows Mindgeny to have access to registered Users’ email or phone number, for communication purpose so as to provide you with a better way of booking sessions and for obtaining feedback in relation to the Practitioners and their practice.
3.2.4. The Privacy Policy sets out, inter-alia:
(a) The type of information collected from Users, including sensitive personal data or information;
(b) The purpose means and modes of usage of such information;
(c) How and to whom Mindgeny will disclose such information; and,
(d) Other information mandated by the SPI Rules.

3.2.5. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
(a) the fact that certain information is being collected;
(b) the purpose for which the information is being collected;
(c) the intended recipients of the information;
(d) the nature of collection and retention of the information; and
(e) the name and address of the agency that is collecting the information and the agency that will retain the information; and
(f) the various rights available to such Users in respect of such information.

3.2.6. Mindgeny shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Mindgeny or any other person acting on behalf of Mindgeny.
3.2.7. The User is responsible for maintaining the confidentiality of the User’s account access information and password if the user is registered on the Mind Peers Platform. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Mindgeny of any actual or suspected unauthorized use of the User’s account or password. Although Mindgeny will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mindgeny or such other parties as the case may be, due to any unauthorized use of your account.
3.2.8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Mindgeny has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mindgeny has the right to discontinue the access of the Mindgeny Platform to the User at its sole discretion.
3.2.9. Mindgeny may use such information collected from Users from time to time for the purposes of debugging customer support related issues.
3.2.10. Integrated Service: Mindgeny may permit You to register for the Mindgeny Platform through, or otherwise associate Your Mindgeny account with, certain third-party social networking or integrated services, such as Facebook and Google etc ("Integrated Service"). By registering for Mindgeny Platform using (or otherwise granting access to) an Integrated Service, You agree that Mindgeny may access Your Integrated Service’s account information. You agree that any Integrated Service is a Reference Site (as defined below) and You are solely responsible for Your interactions with the Integrated Service as a result of accessing the Mindgeny Platform through the Integrated Service. Mindgeny does not control the practices of Integrated Services, and You are advised to read the Privacy Policy and Terms of Use of any Integrated Service that You use to understand their practices.

3.3. Relevance Algorithm: Mindgeny relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Mindgeny. Mindgeny will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Mindgeny in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioner s on the Website. 3.4. Listing Content And Disseminating Information
3.4.1. Mindgeny collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practise of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Mindgeny takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Mindgeny screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.4.2. Mindgeny Platform is provided on an "as is" and "as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Mindgeny does not provide or make any representation, warranty, or guarantee, express or implied about the Website or the Mindgeny Platform. Mindgeny does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Mindgeny disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Mindgeny or any User in relation to any User or services provided by such User.
3.4.3. The website may be linked to the website of third parties, affiliates, and business partners. Mindgeny has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Mindgeny endorses the linked site. User may use the links and these services at User’s own risk.
3.4.4. Mindgeny assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Mindgeny Platform, User’s sole remedy is to discontinue using the Mindgeny Platform.
3.4.5. If Mindgeny determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Mindgeny reserves the right to immediately suspend your access to the Mindgeny Platform or any of your accounts with Mindgeny and makes such declaration on the Mindgeny Platform alongside your name/your practice name as determined by Mindgeny for the protection of its business and in the interests of Users. You shall be liable to indemnify Mindgeny for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Mindgeny or its Users.

3.5. Booking A Consultation
3.5.1. Mindgeny enables Users to connect with Practitioners through (a) Book Now facility that allows Users book a Consultation through the Mindgeny Platform; (b) Scheduling a Consultation over a phone call or SMS or WhatsApp; (c) tele-consultation services (chat, audio and video) which connect Users directly to the Practitioners through the Mindgeny Platform.
3.5.2. If a User has scheduled the consultation over a phone call or SMS or WhatsApp, and/or availed tele-consultation services(chat, audio or video), Mindgeny reserves the right to share the information provided by the User with the Practitioner and store such information and/or tele-consultation of the User with the Practitioners, in accordance with our Privacy Policy.
3.5.3. Without prejudice to the generality of the above, Mindgeny is acting as a mere facilitator and is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and Practitioners. User understands and agrees that Mindgeny will not be liable for:
(a) User interactions and associated issues User has with the Practitioners;
(b) the ability or intent of the Practitioners or the lack of it, in fulfilling their obligations towards Users;
(c) any wrong medication or quality of treatment being given by the Practitioners, or any negligence (medical or otherwise) on part of the Practitioners;
(d) inappropriate treatment, similar difficulties, or any type of inconvenience suffered by the User due to a failure on the part of the Practitioners to provide agreed services;
(e) any misconduct or inappropriate behavior by the Practitioners or their respective staff;
(f) cancellation or no-show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed under, Mindgeny Guarantee Program.

3.5.4. All End Users, as well as the Practitioner cancellations, no show, rescheduling, shall be strictly dealt with Mindgeny rescheduling, refund & cancellation policy
3.5.5. Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that the same is provided in accordance with applicable law. The user, however, understands that Mindgeny shall not be obliged to act in such manner as may be required to give effect to the content of Users' feedback, such as suggestions for delisting of a particular Practitioner from the Website.

3.6. Rescheduling, Refund & Cancellation Policy
3.6.1. A minimum of 24 hours' notice is required for rescheduling or cancellation of an appointment. Without such notification, fees will be charged to the Users as follows:
(a) Cancellations within 24 hours of the appointment: 100% of the fee payable for the session.
(b) No?shows (missed appointment without notification): 100% of the fee payable for the session.
(c) The Client may avoid a cancellation or no?show fee if the Parties are able to reschedule within the same week as dictated by the Practitioner schedule and availability.

3.6.2. In case of cancellation by the Practitioner, or in the event, the Practitioner with whom User has booked a paid session via the Mindgeny Platform, has not been able to meet the User, the User will need to write to us at hello@mindgeny.com within five (5) days from the occurrence of such an event; in which case, 100% fee paid for the session shall be refunded to the User within the next six (6) business days in the original mode of payment done by the User while booking, or alternatively, the Practitioner shall adjust the fee paid towards a rescheduled session, as agreed to between the parties.
3.6.3. To cancel or reschedule a session the User shall do so by logging into the Mindgeny Platform and/or write an email at (hello@mindgeny.com), any notification or communication beyond office hours (10 am to 6 pm) shall be treated to be made the subsequent day.
3.6.4. Users will not be entitled to any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical Mindgeny Platform from the said Practitioner.

3.7. No Doctor-Patient Relationship; Not for Emergency Use
3.7.1. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals who are Mental Health Care Professionals. The provision of such Information does not create a licensed medical professional/patient relationship, between Mindgeny and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate mental health care services from a qualified professional.
3.7.2. It is hereby expressly clarified that the Information that you obtain or receive from Mindgeny, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Mindgeny Platform is for INFORMATIONAL PURPOSES ONLY. We make no guarantees, representations, or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone els e for any decision made or action taken by you in reliance on such information.
3.7.3. The Mindgeny Platform is not for use in medical emergencies or critical health situations requiring prompt medical attention. If you are considering or contemplating suicide or feel that you are a danger to yourself or others, you must immediately, call 112, The Platform is not intended to be real-time and does not deal in emergencies. If you think you have a medical or mental health emergency, please call, or go to the nearest open hospital or clinic or emergency services.

3.8. Reviews And Feedback
3.8.1. By using this Website, you agree that any information shared by you with Mindgeny or with any Practitioner will be subject to our Privacy Policy.
3.8.2. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews ("Critical Content") relating to Practitioners or other healthcare professionals. The role of Mindgeny in publishing Critical Content is restricted to that of an ’intermediary’ under the Information Technology Act, 2000. Mindgeny disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ’intermediary’ under the said Act. Mindgeny shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
3.8.3. Your publication of reviews and feedback on the Website is governed by Clause 8 of these Terms. Without prejudice to the detailed terms stated in Clause 8, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Mindgeny, at its sole discretion, may choose not to publish your reviews and feedback, if so, required by applicable law, and in accordance with Clause 8 of these Terms. You agree that Mindgeny may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
(a) Obtaining feedback in relation to the Website or Mindgeny Platform; and/or
(b) Obtaining feedback in relation to any Practitioners lis ted on the Website; and/or
(c) Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
(d) and you agree to provide your fullest co-operation further to such communication by Mindgeny.

4. TERMS OF USE PRACTITIONERS: The terms in this Clause 4 apply only to Practitioners. 4.1. Listing Policy
4.1.1. Mindgeny, directly and indirectly, collect information regarding the Practitioners’ profiles, contact details, and practice. Mindgeny reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Mindgeny immediately to enable Mindgeny to make the necessary amendments.
4.1.2. Mindgeny shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
4.1.3. Mindgeny shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Mindgeny, where the User has expressly or implicitly consented to the making of disclosures or publications by Mindgeny. If the User had revoked such consent under the terms of the Privacy Policy, then Mindgeny shall not be responsible or liable in any manner to the User for any losses, damage, injuries, or expenses incurred by the User as a result of any disclosures made by Mindgeny prior to its actual receipt of such revocation.
4.1.4. Mindgeny reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Mindgeny shall not be liable if any inactive, inaccurate, fraudulent, or nonexistent profiles of Practitioners are added to the Website.
4.1.5. Practitioners explicitly agree that Mindgeny reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.6. You as a Practitioner hereby represent and warrant that you will use the Mindgeny Platform in accordance with applicable law. Any contravention of applicable law as a result of your use of these Mindgeny Platforms is your sole responsibility, and Mindgeny accepts no liability for the same.
4.2. Profile Ownership And Editing Rights
4.2.1. Mindgeny ensures easy access to the Practitioners by providing a tool to update your profile information. Mindgeny reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Mindgeny takes the independent decision of whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Mindgeny Platform and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Mindgeny may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3. Reviews And Feedback Display Rights Of Mindgeny
4.3.1. All Critical Content is content created by the Users of www.mindgeny.com ("Website"), including the End-Users. As a platform, Mindgeny does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ’intermediary’ under the Information Technology Act, 2000. The role of Mindgeny and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.8 and 8 of these Terms.
4.3.2. Mindgeny reserves the right to collect feedback and Critical Content for all the Practitioners listed on the Website.
4.3.3. Mindgeny shall have no obligation to pre-screen, review, flag, filter, modify, refuse, or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4. You understand that by using the Mindgeny Platform you may be exposed to Critical Content or other content that you may find offensive or objectionable. Mindgeny shall not be liable for any effect on the Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Mindgeny Platform at your own risk. Mindgeny however, as an ’intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.8 and 8 of these Terms.
4.3.5. Mindgeny will take down information under standards consistent with applicable law and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third-party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.6. If Mindgeny determines that you have provided inaccurate information or enabled fraudulent feedback, Mindgeny reserves the right to immediately suspend any of your accounts with Mindgeny and makes such declaration on the website alongside your name/your clinics name as determined by Mindgeny for the protection of its business and in the interests of Users.

4.4. Relevance Algorithm: Mindgeny has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the End Users. It is a pure merit driven, the proprietary algorithm which cannot be altered for specific Practitioners. Mindgeny shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.

4.5. Practitioner Undertaking
4.5.1. The Practitioner is duly registered, licensed, and qualified to provide mental health care, wellness services, as per applicable laws/ regulations/ guidelines set out by competent authorities and the Practitioner shall not be part of any the arrangement which will prohibit him/her from providing Mental Health care Services within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
4.5.2. The Practitioner possesses the appropriate and current level of training, expertise, and experience to provide Mental Healthcare Services in a professional manner with due skill, care, and diligence
4.5.3. The Practitioner shall maintain high standards of professionalism, service, and courtesy
4.5.4. The Practitioner understands that the Practitioner is fully liable for any violation of any local laws and regulations as may arise from providing Mental Healthcare Services.

4.6. Usage In Promotional & Marketing Materials
4.6.1. In recognition of the various offerings and services provided by Mindgeny to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Mindgeny to include a brief description of the services provided to Practitioners in Mindgeny marketing, promotional, and advertising materials; (b) allow Mindgeny to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Mindgeny existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews with the news media, and providing quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines, etc., within product literature, e-mailers, press releases, social media, and other advertising, marketing and promotional materials.

5. Mindgeny FEED
5.1. These Terms of Use governing Mindgeny Self Care Tools/ Mental Health Gym / ’Vent Out’ Wall /Blog and other online resources ("Mindgeny Feed") apply to Users (being both end-users/Practitioners).
5.2. Mindgeny Feed is an online content platform available on the Website, wherein Practitioners who have created a Mindgeny profile can log in and post health and wellness-related content.
5.3. Practitioners can use Mindgeny Feed by logging in from their account, creating original content comprising text, audio, video, images, data, or any combination of the same ("Content"), and uploading said Content to Mindgeny Platform. Mindgeny shall post such Content to Mindgeny Feed at its option and subject to these Terms of Use. The Content uploaded via Mindgeny Feed does not constitute medical advice and may not be construed as such by any person.
5.4. Practitioners acknowledge that they are the original authors and creators of any Content uploaded by them via Mindgeny Feed and no Content uploaded by them would constitute an infringement of the intellectual property rights of any other person. Mindgeny reserves the right to remove any Content which it may determine at its discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright, or other proprietary rights. Practitioner agrees to absolve Mindgeny from and indemnify Mindgeny against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the Mindgeny Feed.
5.5. Practitioner hereby assigns to Mindgeny, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Mindgeny Feed.
5.6. Mindgeny shall have the right to edit or remove the Content and any comments in such manner as it may deem Mindgeny Feed at any time.
5.7. The Practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that are hateful, racially, or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Mindgeny reserves the right to remove any Content which it may determine at its discretion is violative of these Terms of Use or any law or statute in force at the time. Also, the Practitioner agrees to absolve Mindgeny from and indemnify Mindgeny against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on Mindgeny Feed.
5.8. A practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.
5.9. A practitioner shall ensure that the Content is not threatening the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order. Further, the Practitioner shall ensure that the Content will not cause incitement to the commission of any cognizable offense or prevent investigation of any offense or insult to any other nation.
5.10. User may also use Mindgeny Feed in order to view original content created by Practitioners and to create and upload comments on such Content (where allowed). Furthermore, the Users may utilize the Mindgeny Feed to vent out their thoughts and feeling anonymous or otherwise, communicate with other users on a peer-to-peer level, indulge in conversations with Practitioners, etc. ("User Content")
5.11. User acknowledges that the User Content reflects the views and opinions of the authors of such Content and does not necessarily reflect the views of Mindgeny.
5.12. User agrees that the Content they access on Mindgeny Feed does not in any way constitute advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve Mindgeny from and indemnify Mindgeny against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Mindgeny Feed.
5.13. User acknowledges that all intellectual property rights in the User Content on Mindgeny Feed vests with Mindgeny. The User agrees not to infringe upon Mindgeny intellectual property by copying or plagiarizing content on Mindgeny Feed. Mindgeny reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Content will be the sole intellectual property of Mindgeny. The User agrees not to post User Content that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright, or other proprietary rights. Mindgeny reserves the right to remove any User Content which it may determine at its discretion as violating the intellectual property rights of any third party. The User agrees to absolve Mindgeny from and indemnify Mindgeny against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Content.
5.14. User shall ensure that the User Content is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, or libelous in any manner. Further, User should ensure that the User Content is not invasive of any other person’s privacy, or otherwise contains any elements that are hateful, racially, or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Mindgeny reserves the right to remove any Content which it may determine at its discretion is violative of these Terms of Use or any law or statute in force at the time Also, the User agrees to absolve Mindgeny from and indemnify Mindgeny against all claims that may arise as a result of any legal claim arising from the nature of the User Content.
5.15. User shall ensure that the User Content is not threatening the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order. Further, the Practitioner shall ensure that the User Content will not cause incitement to the commission of any cognizable offense or prevent investigation of any offense or is insulting to any other nation.

5.16. Content Ownership and Copyright Conditions Of Access
5.16.1. The contents listed on the Website are (i) User-generated content, or (ii) belong to Mindgeny. The information that is collected by Mindgeny directly or indirectly from the End- Users and the Practitioners shall belong to Mindgeny. Copying of the copyrighted content published by Mindgeny on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Mindgeny reserves its rights under applicable law accordingly.
5.16.2. Mindgeny authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the Website (collectively, "Mindgeny Content"), are the property of Mindgeny and are protected under copyright, trademark, and other laws. User shall not modify the Mindgeny Content or reproduce, display, publicly perform, distribute, or otherwise use the Mindgeny Content in any way for any public or commercial purpose or personal gain.
5.16.3. Users shall not access the Mindgeny Platform for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.

6. HEALTH RECORDS

6.1. Mindgeny may provide End-Users with a facility known as ’Records’ on the Mindgeny Platform. The information available in your Heath Records is of two types:
6.1.1. User-created: Information uploaded by you or information generated during your interaction with Mindgeny Platform and/or Practitioner e.g.: sessions, your journal, your assignments in terms of sessions, To-Do lists, etc.
6.1.2. Practice-created: Health Records generated by your interaction with a Practitioner who uses Mindgeny Platform.
6.2. The specific terms relating to such Health Records are as below, without prejudice to the rest of these Terms and the Privacy Policy:
6.2.1. Your Records is only created after you have signed up and explicitly accepted these Terms.
6.2.2. Any Practice created Health Record is provided on an as-is basis at the sole intent, risk, and responsibility of the Practitioner and Mindgeny does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
6.2.3. Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Mindgeny is not liable for any an interruption that may be caused to your access to the Mindgeny Platform.
6.2.4. The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. Mindgeny is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite their best efforts.
6.2.5. It is your responsibility to keep your correct mobile number and email ID updated on the Mindgeny Platform. Mindgeny is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Mindgeny.
6.2.6. Mindgeny uses industry?level security and encryption for your Health Records. However, Mindgeny does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Mindgeny of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to hello@mindgeny.com.
6.2.7. If you access Health Records on behalf of someone else (such as your child, minor, ward, or employee) or an entity (such as your employer), you are deemed to be responsible for the Health Records of users and all obligations that such users would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain the prior consent of your such users and shall have the right to share, upload and publish any sensitive personal information of such users. Mindgeny assumes no responsibility for any claim, dispute, or liability arising from this regard, and you shall indemnify Mindgeny and its officers against any such claim or liability arising out of unauthorized use of such information.
6.2.8. In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
6.2.9. You may lose your "User-created" record if the data is not synced with the server.
6.2.10. If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
6.2.11. Mindgeny is not liable if, for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
6.2.12. Mindgeny is not responsible or liable for any content, fact, Health Records, medical deduction, or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
6.2.13. Mindgeny has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
6.2.14. Mindgeny will follow the law of land in case of any constitutional court or jurisdiction mandates to share Health Records for any reason.
6.2.15. You agree and acknowledge that Mindgeny may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
6.2.16. To the extent that your Records have been shared with Mindgeny or stored on the Mindgeny Platform by the Practitioners, You hereby agree to the storage of your Records by Mindgeny pertaining to sessions for storage of Records (as defined in clause 6) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Mindgeny, to the mapping of such Records as may be available in Mindgeny database to your User account.

7. SPECIFIC TERMS: Users will be bound by certain additional Terms of Use and/or rules applicable and/or incentive plans and/or subscription plans and/or fair usage policy(s) etc. with respect to the use of certain specific products and features which may be posted from time to time ("Specific Terms"). All such Specific Terms are hereby incorporated by reference into the Terms.

8. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
8.1. As mandated by Regulation 3(2) of the Information Technology (Intermediaries guidelines) Rules, 2011, Mindgeny hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that:
8.1.1. belongs to another person and to which the User does not have any right to; 8.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever. 8.1.3. harm minors in any way.
8.1.4. infringes any patent, trademark, copyright, or other proprietary rights.
8.1.5. violates any law for the time being in force.
8.1.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
8.1.7. impersonate another person;
8.1.8. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
8.1.9. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

8.2. Users Are Also Prohibited From:
8.2.1. violating or attempting to violate the integrity or security of the Mindgeny Platform, Website, or any Mindgeny Content;
8.2.2. transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by Mindgeny;
8.2.3. intentionally submitting on the Website any incomplete, false, or inaccurate information;
8.2.4. making any unsolicited communications to other Users;
8.2.5. using any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
8.2.6. attempting to decipher, decompile, disassemble, or reverse engineer any part of the Mindgeny Platform;
8.2.7. copying or duplicating in any manner any of Mindpeer's Content or other the information available from the Mindgeny Platform;
8.2.8. framing or hotlinking or deep linking any Mindgeny Content.
8.2.9. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

8.3. Mindgeny, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with an electronic signature about any such information as mentioned above shall be entitled to disable such information that is in contravention of Clauses 8.1 and 8.2. Mindgeny shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
8.4. In case of non-compliance with any applicable laws, rules, or regulations, or the Agreement (including the Privacy Policy) by a User, Mindgeny has the right to immediately terminate the access or usage rights of the User to the Website and Mindgeny Platform and to remove non-compliant information from the Website.
8.5. Mindgeny may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Mindgeny to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the the same level of data protection that is adhered to by Mindgeny as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful the contract between Mindgeny or any person on its behalf and the User or where the The user has consented to data transfer.
8.6. Mindgeny respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

9. TERMINATION
9.1. Mindgeny reserves the right to suspend or terminate a User’s access to the Website and the Mindgeny Platform with or without notice and to exercise any other remedy available under law, in cases where,
9.1.1. Such User breaches any Terms of Use of the Agreement;
9.1.2. A third-party reports violation of any of its right as a result of your use of the Mindgeny Platform;
9.1.3. Mindgeny is unable to verify or authenticate any information provide to Mindgeny by a User;
9.1.4. Mindgeny has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such User; or
9.1.5. Mindgeny believes in its sole discretion that the User’s actions may cause legal liability for such User, other Users or for Mindgeny or are contrary to the interests of the Website.

9.2. Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Website under the same account, a different account or reregister under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files, and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any Health Records on the Mindgeny Platform.

10. LIMITATION OF LIABILITY
10.1. In no event, including but not limited to negligence, shall Mindgeny, or any of its directors, officers, employees, agents, or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Mindgeny Platform, User’s provision of information via the Website lost business, or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
10.1.1. provision of or failure to provide all or any service by Practitioners to end users contacted or managed through the Website;
10.1.2. any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website;
10.1.3. any unauthorized access to or alteration of your transmissions or data; or
10.1.4. any other matter relating to the Website or the Service.
10.2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Mindgeny Platform exceeds, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

11. RETENTION AND REMOVAL: Mindgeny may retain such information collected from Users from its Website or Mindgeny Platform for as long as necessary, depending on the type of information; purpose, means, and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

12. APPLICABLE LAW AND DISPUTE SETTLEMENT
12.1. You agree that this Agreement and any contractual obligation between Mindgeny and User will be governed by the laws of India.
12.2. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Mindgeny Platform or information to which it gives access, shall be determined by arbitration in India, before a sole the arbitrator appointed by Mindgeny. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time).
12.3. The seat and venue of such arbitration shall be Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
12.4. Subject to the above Clause 12.3, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Mindgeny Platform or the information to which it gives access.

13. CONTACT INFORMATION GRIEVANCE OFFICER
13.1. If a User has any questions concerning Mindgeny, the Website, this Agreement, the Mindgeny Platform, or anything related to any of the foregoing, Mindgeny customer support can be reached at the following email address: hello@mindgeny.com or via the contact information is available on www.mindgeny.com.
13.2. In accordance with the provisions of the Information Technology Act, 2000 and Rule 3(11) of Information Technology (Intermediaries guidelines) Rules, 2011, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to the processing of information, you may communicate such grievance to the Grievance Officer:
Name: Diwaker Pandey Address: Phone: Email: hello@mindgeny.com
13.2.1. In the event you suffer as a result of access or usage of our Website by any person in violation of Regulation 3(2) of the Information Technology (Intermediaries guidelines) Rules, 2011, please address your grievance to the above person.

14. SEVERABILITY: If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and the intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

15. WAIVER: No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Mindgeny. Any consent by Mindgeny to, or a waiver by Mindgeny of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.