Terms of Service

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

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

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

1. USE OF THE WEBSITE

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

2. USER CONTENT GUIDELINES

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

3. CONTENT

  • Other than personally identifiable information (otherwise referred to as “personal data” under applicable data protection legislation), which is covered under our Privacy Policy, any material you transmit or submit to the Website shall be considered non-confidential and non-proprietary.
  • You understand that by supplying information via the submission of enquiries that you may have on the Website or otherwise, you are granting us an irrevocable non-exclusive license to use such information for any purpose in the course of offering our services.
  • You are permitted to print and download limited extracts from the Website for your own personal use provided that:
    • Mindfully Sorted’s copyright and trade mark notices appear in all copies. Our status (and that of any identifying contributors) as the authors of any material on the Website must always be acknowledged.
    • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    • You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.
  • If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • Mindfully Sorted reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Mindfully Sorted, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Mindfully Sorted will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

4. PRIVACY AND SECURITY

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

5. INTELLECTUAL PROPERTY

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

6. INDEMNIFICATION

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

7. SUSPENSION & TERMINATION

  • We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website or Mindfully Sorted Services. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.
  • You agree that we may, with or without cause and/or prior notice take any or all of the following actions:
    • Immediate, temporary or permanent withdrawal of your right to use the Website or Mindfully Sorted Services;
    • issue a warning to you;
    • legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs resulting from the breach);
    • further legal action against you; and/or
    • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  • Without limiting the foregoing, the following will lead to a termination by us of your use of the Mindfully Sorted Services: (a) breaches or violations of these Terms or other incorporated Mindfully Sorted agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) an express request by you; (d) suspicion of fraud; or (e) unexpected technical issues or problems.
  • We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited and we may take any other action we reasonably deem appropriate.

8. DISCLAIMERS & LIMITATION OF LIABILITY

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

9. GOVERNING LAW

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

10. MISCELLANEOUS PROVISIONS

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