Terms & Conditions
The term Mentamigo' or 'us' or 'we' refers to the owner of the website whose registered office is in Delhi, India, 110063. The term 'you' or ‘customer’ or ‘user’ refers to the user or viewer of our website.
For the purpose of these Terms, wherever the context so requires "You", "Your", "Customer" or "User" shall mean any natural person who uses the Website for availing the Services. The term "We", "Us", "Our" or "MentAmigo" shall mean the Company, its employees, and authorised agents that perform any services on the Company's behalf.
1. User Account
1.2 You are responsible for maintaining the confidentiality of your account details at all times. Further, you are responsible for all activities that occur under your account.
2. Use of Services
3. Payment-related terms
3.1 We may charge for the chat, audio, and/or video-based counselling/face-to-face therapy sessions and other programs. Before availing of any such Service, we will communicate in writing to the User, the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).
3.2 User(s) can make payments through any of the following available options:
Debit cards/Credit Cards;
Unified payments interface ("UPI");
Payment wallets available at the time of payment.
3.3 The User agrees and accepts that all nuances and modalities relating to making payment using internet banking/ debit cards/credit cards, UPI or payment wallets ("Virtual Payment Mode") shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks or payment gateways. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).
3.4 While availing any of the Virtual Payment Modes available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.
3.5 You understand, accept and agree that the payment facility provided by us, is neither a banking nor financial service.
3.6 MentAmigo reserves its right to revise the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.
4. Ownership of the Website
4.1 The Website contains content owned or licensed by MentAmigo ("MentAmigo Content"). MentAmigo owns and retains all rights to the MentAmigo Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MentAmigo Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the MentAmigo Content.
4.2 The MentAmigo name, logo and tagline are trademarks of MentAmigo, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MentAmigo. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of MentAmigo, and may not be copied, imitated or used, in whole or in part, without prior written permission from MentAmigo.
5. Suspension & Termination
5.1 We will determine, at our discretion, whether there has been a breach of these Terms through your use of the Website or MentAmigo Services. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.
5.2 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 MentAmigo Services;
Issue a warning to you;
Initiate 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
Resort to the disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.3 Without limiting the foregoing, the following will lead to a termination by us of your use of MentAmigo Services:
(a) breaches or violations of these Terms or other incorporated MentAmigo 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.
5.4 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.
6.2 By accepting these Terms, you agree to indemnify, keep us indemnified and otherwise hold harmless MentAmigo, its officers, employees, agents and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, charges, demands, proceedings, and actions, howsoever incurred by MentAmigo 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 MentAmigo Services;
(b) unauthorized access to the Website and MentAmigo Services; or
(c) any breach of these Terms by you or any other matter relating to the Website or MentAmigo Services.
6.3 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. Governing Law
This Agreement shall be governed by the laws of India, and the Courts of New Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.
8. Intellectual Property
8.1 The Website and MentAmigo Services contain intellectual property, which is the property of MentAmigo ("MentAmigo IP"). This includes, but is not limited to, copyrights, trademarks, information about technology, and other proprietary rights, and may be provided in the form of text, graphics, audio and video downloads, links or source codes. We retain the rights to the MentAmigo IP and reserve all rights in respect of the same.
8.2 Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and MentAmigo IP and the material displayed thereon. However, no right, title or interest in any such materials or MentAmigo IP will be granted or transferred to you as a result of any permitted use of such materials.
8.3 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 MentAmigo, 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 MentAmigo 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.
8.4 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
8.5 The MentAmigo 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 MentAmigo 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 MentAmigo IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.
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 MentAmigo Services or the Website 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.