Terms of Usage

END USER TERMS GOVERNING SERVICES OF “HAPPYMINDS.HEALTH”

Date: Activates upon filling up the form provided for registration

1. Recital

1.1. “HappyMinds.Health” is a registered trademark of G.G. Cooperation, a firm registered as per the relevant laws of Nepal, having its registered office at Kathmandu District, Kathmandu Metropolitan City Ward No. 10.

1.2. HappyMinds.Health is an online mental health and well-being platform designed to give easy access to a wide range of mental health-related services like private counselling and therapy to Nepalese people. We primarily work to raise awareness on mental health in Nepal while offering services to Nepalese people located all across the globe. We provide access to a pool of licensed and experienced national and international experts with a diverse range of specialisation and experience in their respective fields of counselling and therapy.

1.3. HappyMind.Health’s mission is to raise awareness on the importance of mental health in Nepal and destroy the stigma and negative perceptions towards its importance, normalise the use of mental health related help and make counselling and other related services easily accessible to Nepalese all across the globe. We use our online platform to connect people seeking help regarding mental health and wellbeing to professionals related to that field with specialisations that suit the requirements of each individual. We extend these services on a larger scale to corporate and businesses by providing mental health and wellbeing related group sessions like seminars and workshops to enable employees of the organisation to lead a healthier and mentally sound approach to work life and ultimately benefit the organisation with happier and satisfied employees.

1.4. HappyMinds.Health intends to create disrupt the corporate work culture and shift the focus from working hard to working smart, from wearing mental and physical burnouts as a badge of honour to enjoying a mentally sound and stress-free work environment and create a overall happier and mentally sound population all across the country and extend the same help to the people of Nepal living across the globe.

1.4.1. In addition to the prevalent laws and regulation of the Government of Nepal which is applicable to our services, we need additional terms to keep our platform and services safe for you, us and our clients and counsellors. Hence, these Terms apply to all your activities on the HappyMinds.Health website and other related services (“Services”). We reserve the right to change these Terms of Service or to impose new conditions on use of the services, from time to time, in which case we will post the revised Terms of Services in our platform.

2. Requirements for using our services

2.1. For one-on-one counselling, you do not need an account to use our services. Simply, fill up the form provided in our website. We will need the following data in order to contact the user for further processing of scheduling an appointment with one of our trained counsellors:

• Name
• Age
• Gender
• Email
• Phone No.
• Short description of the kind of mental health help needed

2.1.1. In case of one-on-one counselling being provided under the Employee Assistant Program, the user must also verify their identity by entering the Employee ID of their respective organisation along with the information mentioned in Section 2.1.

2.2. In case the person seeking help is a minor (age under 16), parental or guardian consent will be required as in we will contact the parents or guardian of the minor in order to provide the service. All the rules regarding confidentiality of information still apply in case of the minor and none of the details are shared with the parents expect for exceptional situations and progress reports. Exceptional situations include intend of harm upon self or others or any major issues that may be alarming in case of the minor. The counsellor will share the progress report to the parents to let them know how better or worse the child may be getting while still maintaining confidentiality of the information shared by the minor to the counsellor.

2.3. When filling up the form, you must provide and continue to provide accurate and complete information, including a valid email address and phone number.

2.4. The user may be contacted on several occasions, all in regards to scheduling appointments and verifying or requesting payment for used services via phone call or email.

2.5. Group sessions under the Employee Assistance Program service is customised to individual cooperate needs so it shall be discussed upon, negotiated, formed and agreed upon accordingly and a separate Terms of Usage for the particular client will be developed according to the specific clients’ needs and requirements.

3. Payments and Credits

3.1. Any payments required to book an appointment for a one-to-one counselling, group sessions, Employee Assistance Program services, Corporate Social Responsibility projects or for any other services provided by HappyMinds.Health can be done through the online integrated payment options provided by the platform.

3.2. Upon receiving the payment, the booking shall be confirmed along with a confirmation being sent via text message or in some cases phone call. The appointment shall be made after the confirmation of payment.

3.3. In case HappyMinds.Health fails to deliver the consulting via any issues arising like the counsellors’ personal emergencies or technical failures, options to reschedule the appointment, appoint a different counsellor and full refund is available.

4. Pricing & Payments

4.1. You agree to pay the fees for the respective services provided by HappyMinds.Health, and you authorise us to charge using any of the payment platform mentioned below. (Any payment can be made online through use of the integrated payment services like eSewa, online banking, bank transfer & Fonepay)

4.2. When you make a payment, you agree not to use an invalid, illegal or unauthorised payment method.

4.3. If your payment method fails and you still get a appointment booked, you agree to pay us the corresponding fees within 7 days of notification from us.

4.4. We reserve the right to cancel appointments for which we have not received adequate payment.

5. Refunds and Refund Credits

5.1. You can reschedule your appointment for no additional fees up to 2 times if you notify us at least 24 hours in advance.

5.2. In case of unsatisfactory counselling received, you can be matched with a different counsellor for no additional charges. The counselling session however, will restart from the beginning as our counsellors do not transfer client information to anyone.

5.3. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion.

5.4. Counsellors agree that the clients have the right to receive these refunds.

5.5. Full refund is only provided in case we fail to deliver the consulting via any issues arising like the counsellors’ personal emergencies or technical failures.

5.6. At our discretion, if we believe you are abusing our refunding policy, such as if you’ve taken significant sessions from a counsellor or if you’ve previously refunded in similar regards, we reserve the right to deny your refund and/or restrict all future use of the Services.

5.7. If we ban you due to your violation of these Terms, you will not be eligible to receive a refund.

6. Privacy

6.1. Privacy is strictly protected in our provided services where information is shared between you and the counsellor.

6.2. In regards of privacy regarding the use of this platform, please refer to our Privacy Policy.

6.3. All of your information is processed in respect to the laws and regulations.

7. Use of Services

7.1. You and HappyMinds.Health have a contractual agreement on all commercial services being offered. However, HappyMinds.Health does not interfere, or involve itself in matters discussed between you and the counsellor.

7.2. The form filled in case of B2C and proposals sent in B2B is a legal request to buy the provided offer. However, any contact prior to scheduling appointment and acknowledgement of payment is not a confirmation of the order.

7.3. If the use does not show up in the appointment or fails to reschedule or cancel beforehand, the service will be considered as consumed and no refunds or rescheduling shall be issued for that particular session.

8. Happy Mind’s Rights

8.1. We own the HappyMinds.Health platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorisation. All right, title, and interest in the HappyMinds.Health platform and Services, including our website, our existing or future applications, our APIs, database, and the content our counsellors deliver through our services are and will remain the exclusive property of HappyMinds.Health.

8.2. Our platforms and services are protected by copyright, trademark, and other laws of both Nepal and foreign countries. Nothing fives you a right to use the HappyMinds.Health name or any of the HappyMinds.Health trademarks, logos, domain names, and other distinctive brand features.

8.3. Any feedback, comments, or suggestions you may provide regarding HappyMinds.Health or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

8.4. You may not do any of the following while accessing or using the HappyMinds.Health platform and Services: access, tamper with, or use non-public areas of the platform (including content storage), Happy Mind’s computer systems, or the technical delivery systems of Happy Mind’s service providers, disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems. Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Happy Mind’s platform or Services. access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions).

8.5. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services. In any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as HappyMinds.Health); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

9. Miscellaneous Legal Terms

9.1. Terms herein are like any other contract and govern the relationship between us and you.

10. Binding Agreement

10.1. You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with HappyMinds.Health. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

10.2. If you are an entity accepting these Terms and using our Services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so.

10.3.  If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

10.4. Even if we are delayed in exercising our rights or fail to exercise a right in one case, it does not mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it does not mean we waive our rights generally or in the future.

11. Disclaimers

11.1. We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will HappyMinds.Health or its affiliates, counsellors, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

11.2. We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an epidemic or pandemic outbreak, act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

12. Limitation of Liability

12.1. To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance.

12.2. Any unlawful conduct by the professional counsellor and/or Instructor shall be attributable to the respective counsellor and/or Instructor and not to us and we shall not be liable for any indirect, incidental, punitive, or consequential damages arising out of the conduct.

12.3. Nothing in this agreement shall exclude or limit Happy Mind’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Nepalese law may not be limited or excluded.

12.4. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of One Hundred Nepali Rupees (100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.

13. Indemnification

13.1. You agree to indemnify, defend (if we so request), and hold harmless HappyMinds.Health, our group companies, and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you deliver or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

14. Governing Law and Jurisdiction

14.1. These Terms are governed by the laws of Federative Democratic Republic of Nepal.

14.2. Relevant courts of Nepal shall have exclusive jurisdiction over the matter of this terms/ agreement.

15. Notices

15.1. Any notice or other communication to be given hereunder will be in writing in following address:

Email Address- [email protected]
Office Address- HappyMinds.Health, G. G. Cooperation Pvt. Ltd., Buddhanagar, Kathmandu Ward No. 10

16. Relationship Between Us

16.1 You and we agree that no joint venture, partnership, employment, or contractor relationships exists between us.