Terms & Conditions

Anchor 1

Welcome to www.mentamigo.com. This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 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 and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Website.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of www.mentamigo.com (the "Website").

Mentamigo.com is owned and managed by Ment Amigo LLP (hereinafter referred to as MentAmigo). If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern mentamigo.com’s relationship with you in relation to this website.

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.

These terms of usage ("Terms") govern your use of the Website and services provided therein "Services"). By using or visiting the Website, or by using any content or information provided as part of the Website/ Services, you shall be deemed to have read, understood, and accepted to be bound by these Terms. If you do not agree to these Terms, do not use this Website/ Services. Because these Terms are a legal contract between you and MentAmigo, it is important that you review the Terms carefully before accessing or using the Website. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with MentAmigo, including without limitation the privacy policy ("Privacy Policy").

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.

The use of this website is subject to the following terms of use:

1. User Account

1.1 In order to use the Website, you may be required to provide information about yourself including your name, email address and other personal information ("Personal Information"). You agree that any information you provide to MentAmigo on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own. The treatment of your Personal Information and other related information shall be in accordance with the Privacy Policy.

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

2.1 By an incorporated/registered entity - If you are not an individual and are an incorporated/registered entity/institute/organisation seeking to avail the services of MentAmigo for your members/employees/students or any individuals registered with you for any services, you shall enter into an agreement/memorandum of understanding with MentAmigo for this purpose. Each individual availing the services of MentAmigo under such agreement/memorandum of understanding shall be bound by these Terms and Privacy Policy available here.

2.2 By an individual user or customer or client - If you are an individual and are an individual seeking to avail the services of MentAmigo for yourself, any family member or any person(s) dependant on you or anyone else, you and/or they should get into an agreement with MentAmigo for this purpose and share their consent to avail the services by filling in and sending us the therapy intake form shared on email. Each individual availing the services of MentAmigo under such agreement/memorandum of understanding shall be bound by these Terms and Privacy Policy available here.

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:

Internet banking;
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;

(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. Indemnification

6.1 You acknowledge and expressly agree that the use of this website is at your sole and own risk. You agree to defend, indemnify and hold MentAmigo, 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 website, including without limitation, the placement or transmission of any information or other materials on this website by you or users of your account.

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

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.