Terms Of Service

Terms Of Service

TheMindClan is a mental health community platform dedicated to facilitating self care among individuals. We aim to bridge gaps and foster connections between individuals, mental health professionals, and mental health event facilitators. We initiate and further conversations around the topic of Mental Health. As individuals, we are grounded in feminist, social justice, LGBTQIA+ liberation, and other movements of inclusion. We center the needs and invite the experiences of each and every individual irrespective of factors that include but are not limited to, age, gender identity, sexuality, religion, caste, colour, and physical ability. Through discussions we learn, and through inclusion and empathy we grow individually, and as a community.

We are not here to protest; we are here to talk about Mental Health.
We are not here to supress; we are here to talk about Mental Health.
We are not here to oppress; we are here to talk about Mental Health.
We are not here to rage, harm or create disharmony; we are here to talk about Mental Health.
We are not here to propagate alternate healing methods, fortune telling, cartomancy, psychic services, and other such practices; we are here to talk about Mental Health.

Disclaimer & Terms:

TheMindClan, A product of MHBB Ventures LLP (“TheMindClan”, “The Mind Clan” or “we”, “us”, “our”, “Founding Team”, “Platform ”), provides access to our Web site located at www.themindclan.com (the “Site”), subject to your acceptance of these Terms of Website Use (“Terms”). These Terms apply to you when you access and use our Site and its communication on third party websites/accounts operated or not operated by TheMindClan. If you have any questions about these Terms or using the Site, feel free to contact us on community@themindclan.com.

Information on the Site is provided for informational and educational purposes only. It should not be considered as medical advice, whether toward diagnosis or treatment of a mental or physical health problem, or for prescribing medication. If you have or believe you may have a medical or mental health problem, contact your personal physician or psychologist. If you live in Mumbai, India, you may also try reaching out to one of the professionals listed on the Platform to schedule an appointment, after contacting your personal physician. Professionals listed on this Platform can (at their sole discretion) accept and/or re-schedule your appointment request based on their personal availability. You understand that TheMindClan cannot be held responsible for the actions, negligent or otherwise, of the Individuals/Professionals listed on the Platform. If you are feeling suicidal or are having thoughts of harming yourself or others, dial the appropriate emergency number of your country. If you are currently receiving treatment, please follow the emergency procedures used by your doctor or therapist. If you are in an urgent need to seek professional help, you are requested to reach out to your doctor or therapist. If you are a minor, you should consult with your legal guardian or a trusted adult when browsing on the Site.

The Mind Clan is not in the business of providing counselling services and does not own, operate or control the helpline numbers, or professional help listed on the website. The helpline and professional contact details are listed for referral purposes only. The Mind Clan does not make any recommendations or guarantees regarding the quality of response, medical or non-medical advice you might receive from the respective entities. Further, the listing of our resources, tips, and FAQ’s are meant to give an overall understanding of the questions raised, and should not be interpreted as advice that is either professional, medical or otherwise.

The Mind Clan does not endorse the helplines, support groups, counsellors or events and makes no representations, warranties or guarantees as to, and assumes no responsibility for, the services provided by these entities.

The Mind Clan disclaims all liability for damages of any kind arising out of calls made to the respective entities.

Privacy 
TheMindClan is committed to protecting your privacy in your interactions with the Platform. Check out our Privacy Policy to see what personal information we may collect on/away from the Platform and how we use it. Do keep in mind that this is the privacy policy of TheMindClan and it may not be the privacy policy of the Individuals, Professionals, Counsellors, Facilitators, Events, Event Organizers/Parties you interact with on/away from the Platform. We urge you to contact the respected parties and ask them about their Privacy Policy too.

You understand that TheMindClan does not guarantee that anything on the Site will be free of infection, viruses or other items that might damage or interfere with your computer, data or personal information. You shall not do anything that interferes with the operation of the Site, such as hacking or spamming. TheMindClan does not guarantee that the information on the site including but not limited to the events, facilitators, counsellors and members is accurate. If you find that the information on the site is inaccurate, you are requested to reach out to us immediately.

Intellectual Property – Copyright, Trademark and Disclaimer Notices 
The contents of the Site, such as text, design, graphics, logos, trade dress, audio clips, video, games, photographs, software, interfaces or code (the “Content”) and the selection and arrangements of the Content is the property of TheMindClan and the respected partners associated with that activity, or other respective owners that have granted TheMindClan the right and/or license to use such marks. Such trademarks and content may not be used except as provided in these Terms or in the text of the Site. You may not print and download the Content for personal, non-commercial or commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of TheMindClan. You may not reproduce, reverse engineer, decompile, modify, transmit, sell, distribute, license or create derivative works of the Content.

No Warranties
We encourage you to enjoy using our Site, but please understand that you assume total responsibility and risk when you use our Site and the Internet. The Site and the Content and services made available on the Site are provided on an “as is” and “as available” basis. TheMindClan does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the Site Content, any services provided through the Site or on the Internet. We expressly disclaim any and all implied warranties. TheMindClan cannot be held responsible for the misuse of (not limited to) the content on the Platform.

Limitation of Liability
TheMindClan will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of Site under these Terms. You understand that this paragraph shall apply to all Content and services available through the Site. The foregoing are subject to the laws of the Republic of India and the courts in Mumbai, India shall have the exclusive jurisdiction on any dispute that may arise out of the use of this site.

Indemnification
You agree to indemnify and hold harmless TheMindClan from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorney’s fees on account thereof resulting from your use of the Site) whether based in contract or tort (including strict liability) and regardless of the form of action.

Acceptable and Lawful Use of Site
You agree to comply with all applicable laws regarding use of the Site. Any information you provide to TheMindClan in connection with the Site must comply with the following conditions and shall not create any liability for TheMindClan or cause TheMindClan to lose (in whole or in part) the services of its Internet Service Providers or other suppliers or vendors.

Acceptance Of Profiles The acceptance, modifications and deletions of Professionals/Facilitators/Events requested to be listed are at the sole discretion of TheMindClan. We try our level best to ensure that the individuals and professionals featured on the platform are curated to ensure they meet the values we hope to establish as a community. Whether you have been recommended to us by an individual from the community, or you have been approached by the Team, we reserve the right to accept, modify or reject your request to be listed on the Platform. If your profile or event listing has been rejected, we request you to try again in 6 months. If your profile is accepted and we find some details to be incomplete (Like your profile picture, or website URL, and so on) we may have to lookup your social profiles and complete the same.

Content Objectionable or Offensive to Third Parties
You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libellous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, violative of others’ privacy rights, or otherwise objectionable.

Usage Of Name, Identity & Assets
When publishing, representing or talking about TheMindClan, you agree to take prior E-Mail or Written consent from TheMindClan, and follow the Platform’s identity guidelines. Kindly contact TheMindClan and get a copy of the brandbook.

Well-Wishers On The Platform Well wishers listed on the platform are individuals who have taken time out from their day jobs to volunteer their time and experience to help us grow this platform. They are not employees, contractors of TheMindClan. You agree that the opinions expressed & links embedded on their profile and otherwise are those of the respective individuals/authors. They should not purport to reflect the opinions or views of TheMindClan or its Team. It is further understood that members of the team listed on the platform either as event facilitators, professionals, or otherwise, are listed as private individuals, not to be misunderstood as representatives from the platform.

Professionals/Individuals/Facilitators Listed on the Platform
We do not guarantee that the information about the individuals listed on our Platform  including but not limited to their name, background, fee, or qualifications are accurate. If you find that the information on the site is inaccurate, you are requested to reach out to us immediately. You agree that the opinions expressed & links embedded on their profile and otherwise are those of the respective individuals/authors. They should not purport to reflect the opinions or views of TheMindClan or its Team. It is further understood that members of the team listed on the platform either as event facilitators, professionals, or otherwise, are listed as private individuals, not to be misunderstood as representatives from the platform.

Professionals/Counsellors/Facilitators/Event Organizers/Members Information Shared With The Platform
You accept that the details furnished and shared with the Platform are true and correct to the best of your knowledge and belief and you undertake to inform Us of any changes or mistakes therein immediately. In case any of the information shared is found to be false or untrue or misleading or misrepresenting, you are aware that you may be held liable for it and/or your public profile including but not limited to the event pages associated with it may be removed from the Platform. You also authorize sharing of the public profile/listing/booking information with TheMindClan and its Members, Press, and any party the Platform chooses to associate with. You represent and warrant that: (i) you own the content shared by you on or through the Platform or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Platform does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Platform; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

Events on the Platform:
We do not guarantee that the information about the events listed on our Platform including but not limited to their name, description, facilitator backgrounds, fee, or venue details are accurate. Refunds or queries of any kind must be between you and the event facilitator/party not including TheMindClan. If you find that the information on the site is inaccurate, you are requested to reach out to us and the event organizer immediately.

Guest Posts & Other Content Shared With The Platform:
You acknowledge that all information (including payment information), data, pictures, or other content (“Content”) on the Services is the sole responsibility of the party from whom such Content originated. This means that you, and not TheMindClan, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available to us. Under no circumstances will TheMindClan be liable in any way for any Content of any party including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content.

No Obligation to Pre-Screen Content:
You acknowledge that TheMindClan has no obligation to pre-screen Content (including, but not limited to, Guest Post Content), although TTheMindClan reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into this Agreement, you hereby consent and agree that you will never revoke such consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. TheMindClan shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Ownership of Guest Content:
TheMindClan does not claim ownership of Your Content. You are solely responsible for all Your Content and you represent, warrant and covenant that Your Content will not (a) infringe or misappropriate any intellectual property or other rights of a third party, (b) contain software viruses or similar computer code, or © be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene or otherwise objectionable. You agree that you own the content you share with TheMindClan, but not any other content not originally shared by you. You further agree to not request analytical information or otherwise related to the content you shared, as that would be the property of TheMindClan.

License to Your Content

While you retain ownership of Your Content, you acknowledge that we need to use Your Content in connection with our Platform objectives. You hereby grant to TheMindClan and its affiliates a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable license to copy, distribute, display, modify and otherwise use Your Content in connection with providing the Services and otherwise in connection with our business operations.

Backing up Posts:
We are not obligated to backup User Content, and Your Content may be deleted at any time without prior notice – accordingly we recommend you store and backup copies elsewhere.

Confidential information in Your Content.
Please note that the post generated on the website will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.

No Fees:
You agree that you shall not be entitled to any monetary compensation in connection with the Content you share with TheMindClan.

Unlawful Content
You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.

Infringing Content
You may not upload, download, post, distribute, edit, modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including graphics, pictures, photographs, logos, software, articles, music, or videos. By posting any content through this Site, you represent that you have legal rights to use, distribute, and publish such content.

Unrelated Content:
We encourage conversations, but conversation that is not related or relevant to Mental Health may not be permitted on the Platform or in its engagements. Moderation of communication on/away from the Platform is at the sole description of TheMindClan.

Unrelated Content:
We encourage conversations, but conversation that is not related or relevant to Mental Health may not be permitted on the Platform or in its engagements. Moderation of communication on/away from the Platform is at the sole description of TheMindClan.

Removal of Objectionable & Inaccurate Content
We reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit on our Site that violates these Terms or is otherwise deemed objectionable by us in our sole discretion.

Pricing

This platform is available free to use for its users, individuals listed, and events listed on the platform. We may have the platform be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that TheMindClan may place such advertising and promotions on The Platform. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. You also agree that we may change or modify our membership structure at any time and may impose a fee on either the user, professional, facilitator, or event listed on the Platform. We do not charge our professionals, facilitators or event organizers a fee to prioritize their listing order on the Platform. The order of content displayed is either in Random or Reverse Chronological or Chronological Order.

Links to Other Websites 
We provide links to other Web sites. We do not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk. TheMindClan has no responsibility for the content of such other sites and shall not be liable for any damages or injuries arising from the content from these other sites.

Pricing for Products and Services 
In the event a product or service is listed at an incorrect price or with incorrect information, TheMindClan shall have the right to refuse or cancel any orders placed for that product(s) or service(s) listed at the incorrect price. TheMindClan shall have the right to refuse or cancel any such orders or requests whether or not they have been confirmed and your credit card has been charged or other payment has been accepted.

Entire Agreement, Updates and Modifications 
These Terms and any referenced documents constitute the entire agreement between TheMindClan and you pertaining to your use of the Site. TheMindClan may amend these Terms or any other referenced documents at any time by posting the amended documents on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site means that you have accepted any modified Terms and conditions. If you have any questions about these Terms, contact us at community@themindclan.com.

Termination

TheMindClan may immediately issue a warning, suspend or terminate your access to the Site for breach of these Terms (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.

Information Shared With The Platform

You agree that information you share with the platform or on it’s mediums, may be used in merchandise, campaigns and any other medium by the platform without attribution. For any clarification you are requested to reach out to us at community@themindclan.com.

Additional
We are not dispensing legal or medical advice. The opinions of individuals on/away from our Platform are not the opinions of TheMindClan or the Founding Team. Please be careful about personal information you reveal, and clarify any doubt you may have with a recognized certified professional. TheMindClan is not liable for security, user experiences, user interactions or user actions on or away from the Platform. We encourage each user/visitor to verify the information on our Platform and report any instance they feel we should take action against.

If you have any questions about our terms of service or our Privacy Policy and our compliance to it, please contact us on: connect@themindclan.com.

TheMindClan and the Founding Team reserve the right in its sole discretion to amend this privacy statement at any time, and you are advised to regularly check our privacy statement for any amendments. Please proceed only if you accept all the conditions enumerated herein above, out of your free will and consent.

Last Updated: 12-05-2018