Terms Of Service

rehabmitra private limited

Last update: 03rd January 2023 

 

CONTEXT

The Website is owned and operated by rehabmitra (registered as rehabmitra private limited) (“Company”), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at WB 25, 3rd Floor, Shakarpur, Delhi- 110092

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. These Terms are a legal contract between you and rehabmitra (registered as rehabmitra private limited), you must 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 rehabmitra, including without limitation the privacy policy (“Privacy Policy”).

APPLICABILITY

For these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural person who uses the Website for availing the Services. The term “We”, “Us”, “Our”, and “rehabmitra” shall mean the Company (registered as rehabmitra private limited), its employees, and authorized agents that perform any services on the Company’s behalf.

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

These terms of service together with the privacy policy, disclaimer, and any other policy mentioned anywhere on the website together constitute your agreement with the website. If you are accessing rehabmitra via the mobile application, you will still be bound by the same agreement. In addition, there might be other terms imposed by the mobile application stores which will apply to the use of the mobile application. In such a case, the term “website” will be deemed to refer to the rehabmitra mobile application.

rehabmitra’s role is that of an “intermediary” as defined under the Information Technology Act of 2000 and the rules thereunder. As an intermediary, rehabmitra has no responsibility and/or liability in respect of the user content, counselor content, counselor advice, or interaction between any of the parties on the platform.

CHANGES TO THE TERMS AND CONDITIONS

We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.

WEBSITE FEATURES

  1. The Website allows Users to connect and interact with counselors or other individuals (“Therapist(s)”) who provide counseling and therapy services.
  2. rehabmitra uses the information provided by the user and the counselor to match the user to the relevant counselor.
  3. Users can view the therapist platform calendar and book appointments
  4. Users and Counsellors can interact via video calls, audio calls, or chat messages on the website. rehabmitra does not share any contact details of one party with the other.
  5. Users and journal their thoughts and log in their moods on the website, this information can be accessed by the counselor only with the user’s consent
  6. Counselors can make client notes on the platform and this information is saved by the website.
  7. Both users and counselors can participate in the discussion forum on the website.
  8. Both users and counselors interact with rehabmitra customer support using the platform
  9. Users can take free assessments and read and share information from the rehabmitra blog by crediting rehabmitra for the same.

USER ELIGIBILITY

Use of the Website is available only to persons over the age of eighteen (18). If you are a minor i.e. under the age of eighteen (18) years, you shall not register as a member of the Website and shall not sell or purchase any services on the Website, unless you are accessing this Website with parental guidance or guidance of a legal guardian. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years and are accessing this Website without parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.

USER RESPONSIBILITY

  1. 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 rehabmitra 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 by the rehabmitra Privacy Policy.
  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.
  3. You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
  4. You agree not to engage in any of the following prohibited activities:
    (i) copying, distributing, or disclosing any part of the Website in any medium;
    (ii) transmitting spam, chain letters, or other unsolicited emails;
    (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website;
    (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
    (v) uploading invalid data, viruses, worms, or other software agents through the Website;
    (vi) collecting or harvesting any personally identifiable information, including account names, from the Website;
    (vii) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content;
    (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
    (ix) interfering with the proper working of the Website;
    (x) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or
    (xi) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website or the content therein.
  5. You are solely responsible for your conduct and any data that you submit, post, or display on or via the Website. rehabmitra shall have no liability for conduct about your use of our Website. You are solely responsible for any legal consequences arising out of your inappropriate use of the website.
  6. You authorize rehabmitra to contact you via email id, SMS, or mobile (information provided by you in your interaction with the website) to share with you promotional, informational, or any other content that it deems fit.

USER CONTENT ON THE WEBSITE

  1. The Website provides Users the facility to create, share and post content (together, “User Content”). rehabmitra claims no ownership rights over User Content created by you. rehabmitra has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
  2. rehabmitra 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, 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.
  3. 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 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 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 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. rehabmitra reserves the right but is not obligated, to reject and/or remove any User Content that rehabmitra 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.

  4. In connection with your User Content, you affirm, represent, and warrant the following:

    a. 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.

    b. 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 to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website.

    c. rehabmitra may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

    d. rehabmitra 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, or sharing it and you agree that rehabmitra is only acting as 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.

  5. If you share your User Content with rehabmitra and/or link your User Content to rehabmitra on a third party service and/or post content on any social media page owned and operated by rehabmitra, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to rehabmitra a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and rehabmitra’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels.

PROPRIETARY RIGHTS

  1. The Website contains content owned or licensed by rehabmitra. rehabmitra owns and retains all rights in the rehabmitra Content. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the rehabmitra 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 rehabmitra Content.
  2. The rehabmitra name and logo are trademarks of rehabmitra, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of rehabmitra, except with prior consent. In addition, all custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of rehabmitra, and may not be copied, imitated, or used, in whole or in part, without prior written permission from rehabmitra.

PLAN VALIDITY AND EXPIRY

  1. While you can choose to start the plan anytime after purchase without any time limit, once you activate the plan (consume the first session), you need to consume the plan within 6 months.
  2. While rehabmitra will try to ensure that your assigned counselor is available for the entire duration of your plan, the same counselor may become unavailable during the plan. rehabmitra is not liable to provide you with a specific counselor at any point and will assign you a counselor at its discretion.
  3. While your counselor chat access becomes active as soon as you purchase a plan, your chat access period is calculated from the date of the first session. Hence, from the date of your first session, you will have chat access for the number of chat access days mentioned in your plan.

CANCELLATIONS AND RESCHEDULING SESSIONS

You can cancel or reschedule a session booked on rehabmitra up to 24 hours before the scheduled time by requesting the same via the rehabmitra website. Post that rescheduling will not be permitted and the session will be deemed to be consumed by you even if you do not attend.

CHANGING AND CHOOSING COUNSELLORS

  1. You can change the counselor assigned to you on rehabmitra by requesting the same via the rehabmitra website given the following conditions:

    • There is no scheduled session with the existing counselor in the next 24 hours

    • Any scheduled sessions with the counselor, who is unassigned to you will automatically stand canceled and will be credited back to your account as “to be scheduled” sessions. You will have to then schedule them again with the new counselor assigned.

    • rehabmitra does not guarantee the assignment of a counselor of your choice at any point. You are assigned a counselor based on your needs and the counselor’s availability

    • rehabmitra reserves the right to change your counselor at any point at its discretion, whether requested by you or not.

USER- COUNSELLOR INTERACTIONS

  1. Both the user and counselor agree to maintain the decorum of a client/counselor relationship and agree to not engage in any other form of interaction on the platform.
  2. In case of inappropriate behavior by either party, rehabmitra will not be liable in any form. Involved parties alone and not rehabmitra will be responsible for any legal consequences arising out of such interactions.
  3. Both parties have the option to report inappropriate behavior on the website to rehabmitra. In case a particular session is reported, rehabmitra reserves the right to remove the user or counselor, or both from the platform without discretion. rehabmitra’s decision in this regard will be final.
  4. The counselor and NOT rehabmitra are liable to maintain the confidentiality of any personal information shared by the user with the counselor in video sessions. In case a counselor breach the confidentiality agreement, the counselor alone and NOT rehabmitra will bear the legal or any other consequences.

PLAN CHANGES, CANCELLATIONS, AND REFUNDS

  1. You can request a cancellation and refund of the bought plan via the rehabmitra helpdesk. However, rehabmitra will review your request and may decide to refund the charges paid if it deems fit. The decision of the rehabmitra on any such matter shall be final and binding. In case rehabmitra decides to refund your charges, it will do so at its convenience.
  2. In case you request a refund after consuming one or some sessions from the plan and rehabmitra decides to initiate a refund, you will be paid back the charges of the unconsumed sessions only. Used sessions will not be refunded. In case of multiple sessions purchased, a refund will be provided for the unused sessions and all consumed sessions will be charged as per the standard price of the single session plan. In case rehabmitra decides to refund your charges, it will do so at its convenience.
  3. In case, you wish to change the plan that you have bought –

    a) an upgrade to the longer plan – rehabmitra will review your request and may decide to allow the planned upgrade by allowing you to pay the difference amount

    b) a step back to a smaller plan – rehabmitra will review your request and may decide to allow the plan to step back by refunding the difference amount. In such cases, if rehabmitra decides to allow this, the actual amount paid per session will be refunded and not the standard cost of 1 session.

PLAN PRICING

  1. While the price of every plan is listed on the website, rehabmitra reserves the right to determine the selling price of the plan in every transaction. It can choose to apply discounts or premiums for specific users or groups of users.
  2. rehabmitra reserves its right to change 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.

PAYMENT

  1. We may charge for the chat, audio, and/or video-based counseling/ therapy sessions. Before availing of any such Service, we will apprise the User of 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).
  2. User(s) can make payments through any of the following available options:

    • Internet Banking

    • Debit/ Credit Cards.

  3. The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking/ Debit/Credit Cards (“Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise about the Virtual Payment Modes (including any fraudulent transaction).
  4. While availing any of the payment method(s) 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.
  5. You understand, accept, and agree that the payment facility provided to us, is neither a banking nor financial service.

DISCLAIMERS

  1. rehabmitra is not in the business of providing psychiatric care or treatment for severe mental illnesses including but not limited to suicidal thoughts.
  2. The advice or information provided by counselors via the website is provided for informational purposes only and cannot be considered a substitute for an examination by a doctor or other mental health professional. You are advised strongly against relying solely on or making decisions based solely on advice provided by any counselor.
  3. You understand and agree that although a Counsellor may be a qualified clinical or counseling psychologist or other mental health professionals. rehabmitra disclaims any liability for any consultation and therapy services rendered by a Counsellor to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access an Expert through the Website and to continue to interact with a such individual(s), and that the role of rehabmitra is strictly limited to providing access to such Counsellors to you.
  4. The website is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or others, you may discontinue the use of the services immediately at your discretion, and please notify the appropriate police or emergency medical personnel. You may find contacts of such emergency services here

PRIVACY AND SECURITY

  1. You understand that by using the Website you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data as outlined in our Privacy Policy.
  2. You understand that rehabmitra cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

WARRANTY

  1. The website is provided on an “as is” basis and use of the website are at the user’s risk. To the maximum extent permitted by applicable law, the website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from rehabmitra or through the website will not create any warranty not expressly stated herein. Without limiting the foregoing, rehabmitra, its subsidiaries, its affiliates, and its licensors do not warrant that the content found on the website is accurate, reliable, or correct; that the website will meet your requirements; that the website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website.
  2. rehabmitra 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 rehabmitra will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

EXCEPTIONS AND LIMITATIONS

  1. rehabmitra does not make any representation or warranty as to the quality or value of the services offered on the Website, or the availability of Counsellor(s). rehabmitra does not implicitly or explicitly support or endorse any services on the Website. rehabmitra shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
  2. While rehabmitra carries out background checks and verifications on all Counsellors, you understand and acknowledge that rehabmitra does not endorse, recommend, warrant, or guarantee to qualifications, expertise, claims or background of any Counsellor, or any service, advice, opinion, recommendation provided by a Counsellor. Nothing contained in these Terms, the Website, or on any third party site shall be considered as an endorsement, recommendation, referral, verification, warranty, or guarantee concerning (a) any Counsellor; (b) the Website, or (c) any service, advice, opinion, recommendation made available via the Website or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the Website.
  3. You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
  4. You agree that rehabmitra is not responsible for, and does not endorse, User Content posted within the Website. rehabmitra does not have any obligation to pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences concerning such User Content.
  5. While rehabmitra is under no obligation to pre-screen any user or counselor content, it 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 rehabmitra, including, without limitation, to comply with certain legal obligations, but may not be retrievable without a valid court order. rehabmitra will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.
  6. We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination, you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

TERMINATION

rehabmitra may terminate these Terms for any reason at any time. rehabmitra reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

LINKS TO THIRD-PARTY WEBSITES

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.

We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites, or any association with its operators or owners including the legal heirs or assigns thereof.

On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy, and other additional policies of the Linked Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

INDEMNIFICATION

  1. You shall indemnify and hold us harmless from and against any losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
  2. In the event of a dispute regarding any transaction conducted via the website, you hereby relieve rehabmitra, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors, and agents from all manner of actions, claims, or demands and from any losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which member may have against one or more of the above.

LIMITED LIABILITY

  1. In no event will rehabmitra or its affiliates or any party involved in creating, producing, or delivering the website be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the website or any linked sites, or in connection with any failure of performance. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if rehabmitra has been advised of the possibility of such damage.
  2. By use of the website and the services, the user acknowledges that he/she is solely responsible for any actions, liabilities, consequences, decisions, behaviors (“conduct”) arising out of or in connection with the use of the website and/or services, and shall in no way hold rehabmitra and/or its affiliates responsible for such conduct.

APPLICABLE LAW AND DISPUTE RESOLUTION

  1. This Agreement shall be governed by the laws of India, and the courts of Jaipur, Rajasthan shall have exclusive jurisdiction with respect to any dispute arising hereunder.
  2. In case of any dispute, claim, or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site, the Service, or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at the office of rehabmitra as rehabmitra may designate. In the event the dispute is not resolved internally after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration by the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator appointed by rehabmitra. The place of the arbitration shall be Jaipur, Rajasthan. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.
  3. By Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

    Name: Dr. Mukul Vats, E-mail Address: [email protected]

    Postal Address: WB 25, 3rd Floor, Shakarpur, New Delhi- 110092

GENERAL PROVISIONS

  1. 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.
  2. 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.
  3. 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.
  4. 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 concerning 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 through 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).
  5. Force Majeure: We shall not be liable for any failure to perform any obligations under this User Terms if the performance is prevented, hindered, or delayed by a Force Majeure Event and in such case, our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
  6. Notices: Any notice required or permitted to be given to rehabmitra hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified rehabmitra. All notices required to be given under these Terms shall be addressed to:

    Name: rehabmitra (registered as rehabmitra  Private Limited)

    Postal Address: WB 25, 3rd Floor, Shakarpur, New Delhi- 110092, E-mail Address: [email protected]

    rehabmitra may give notice by means of a general notice on the Application, or by electronic mail to Your email address or a message on Your registered mobile number.

  7. Advertisement: rehabmitra has the right to place advertisements and publicity materials of its choice including those of parties other than itself on the website.
  8. Assignment: You may not assign or sublicense your duties, obligations, and rights under this agreement to any other party with the prior written consent of rehabmitra

Teleconsultation

By signing up, you consent to avail of consultation via telemedicine. You agree that you know the potential risks, consequences, and benefits of telepsychiatry consultation. You will ask a doctor or pharmacist if you do not understand any of the information provided in the prescription. You will stop prescribed medicines in case of any adverse reactions/side effects. You will contact the psychiatrist immediately or go to the nearest registered medical practitioner for in-person consult.

Note :

  1. Accepting this will facilitate

    a) To understand what information and history are required for effective consultation. Adequate and reliable information is required for arriving at a provisional /definitive diagnosis.

    b) Arriving at diagnosis and planning treatment management than documentation.

    c) Psychiatrist to effectively spend time with the patient during consultation rather than during the consultation.

    d) Please do remember that online consultation time is fixed per session. The average online consultation time is approximately 10 to 15 minutes, which is similar to in-person consultation time.

    e) Accepting this consent is optional for patient/family members.

    f) This proforma will be retained in the patient’s file in the hospital along with a copy of all the investigations and a copy of the prescription.

  2. Information to the patient and the patient’s family members

    g) Presence of the patient is advisable during the telemedicine consultation. This is as per the Telemedicine Practice Guidelines 2020 and Mental Healthcare Act, 2017

    h) If the patient is not willing to come for a telepsychiatry consultation, please follow Mental Healthcare Act, 2017 and request an in-person consult or home visit by the mental healthcare professionals for Mental Capacity Assessment (please, check if home psychiatric service is available)

    i) The Telemedicine Practice Guidelines have stated (Code 4.1.1.2) that the patient/patient’s family member will be responsible for the accuracy of the information shared with the doctor. Please read Telemedicine Practice Guidelines available online from MoHFW, New Delhi (Available online at https://www.mohfw.gov.in/pdf/Telemedicine.pdf)

    j) If symptoms are severe and/or severe side effects of medicines and/or emergency care is required, please do not wait for telemedicine consultation appointment. Please do in-person consultation with the nearest psychiatrist or registered medical practitioner at the earliest.

    k) Neither of the party (patient/patient’s party or psychiatrist) will do audio or video recording, without prior explicit consent. Covert recordings (audio or video) are illegal since everyone being recorded must consent to be recorded. Explicit consent is a must from all parties.