Terms & Conditions

Happy Minds Health (referred to herein as "the Company", "we", "us" or "our") is a corporation duly incorporated under the laws of Nepal, and provides services (the "Services") connecting social workers, psychotherapists, psychologists (each, a "Mental Healthcare  Professional"), with members of the public (each a "Client") through our website located at  www.happyminds.health, applications, social medias or other online and offline services and  resources provided by the company (collectively, the "online and offline services"). The online and offline services contain profiles for Mental Healthcare Professionals which including other  information. Clients can view this information, and schedule initial consultations through the Website.

The terms and conditions stated herein (collectively, the "Terms"), together with our Privacy Policy, and incorporated herein by reference, constitute a legal and binding agreement (the "Agreement") between each client or Mental Healthcare Professional ("you" or "your") and the company. A copy of these Terms of Service may be saved and printed for your  reference.

By accessing or using our online and offline services, you agree to comply with and be  legally bound by these Terms, and any amendments thereon as published on the online and  offline services, whether or not you use the Services. These Terms govern your access to and  use of the online and offline services. If you do not agree to these Terms, you must stop using  the online and offline services.

Eligibility to Use the Online and offline services

You must be at least 18 years of age to use the Services without adult supervision. If you are  under the age of 18, you can use the services only in conjunction with, and under the  supervision of, your parent or guardian who has agreed to these Terms. If you are the parent or  legal guardian of a child under the age of 18, you may use the Services on behalf of such minors. By using the Services on behalf of a minor child, you represent and warrant that you are  the parent or legal guardian of such child. If you do not qualify under these Terms, you must  not use the Services. Any use of the Services is void where prohibited by law, and the right to  access the Services is revoked in such jurisdictions.

By using the Services, you are agreeing and stating that you have the right, authority,  and capacity to enter into these Terms and to abide by all of the terms and conditions set forth  herein.

Crises and Emergencies

IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH  EMERGENCY OR PLANNING OR CONSIDERING SUICIDE OR FEEL THAT YOU A  DANGER TO YOURSELF OR OTHERS, YOU MUST IMMEDIATELY CALL OR GO TO  THE NEAREST HOSPITAL EMERGENCY ROOM.

Do not use the Company's online or offline services during crises. When in crisis, you  should contact the following services or seek the services and advice of Mental Health and  Psychosocial Support Hotline Numbers.

Tribhuvan University Teaching Hospital Suicide Hotline: 1660-0122-322, 1660-6152-007
Kanti Bal Hospital: 1660-0110-666
TPO Nepal: 1660-0101-005
CMC Nepal: 1660-0185-080
Koshish Nepal: 1660-6152-005
Patan Mental Hospital: 9813476123

Right to Modify

The Company reserves the right, at its sole discretion, to modify these Terms, the  Privacy Policy, the Online, or any other offline Services at any time and without prior notice.  If we modify these Terms, we will update the "Last Updated" date at the top of these Terms.  You are responsible for regularly reviewing these Terms. By continuing to access or use the  online or offline services after we have posted a modification on the online and offline services  or have provided you with notice of a modification, you are indicating that you agree to be  bound by the modified Terms. If the modified Terms are not acceptable to you, your only  resources are to cease using the online and offline services. 

Disclaimer of Liability

THE SERVICES ARE OFFERED FOR INFORMATIONAL AND SCHEDULING  PURPOSES ONLY AND ARE NOT INTENDED TO BE MEDICAL ADVICE OR  MEDICAL CARE, OR A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR  TREATMENT.

THE COMPANY DOES NOT OFFER OR GIVE THERAPY OR MEDICAL  ADVICE OR PROVIDE THERAPY, MEDICAL OR DIAGNOSTIC SERVICES. ANY  THERAPY SERVICES OBTAINED BY YOU THROUGH OUR ONLINE AND OFFLINE  SERVICES WILL BE MADE AT SUCH USER'S OWN RISK.

MENTAL HEALTHCARE PROFESSIONALS ARE SOLELY RESPONSIBLE FOR  THEIR INTERACTIONS WITH YOU AND FOR ANY AND ALL CLAIMS, INJURIES,  ILLNESSES, DAMAGES, LIABILITIES AND COSTS ("CLAIMS") SUFFERED BY YOU  AS A RESULT OF YOUR INTERACTION WITH OR VISIT TO ANY SUCH MENTAL  HEALTHCARE PROFESSIONAL. YOU AGREE NOT TO IMPOSE OR ATTEMPT TO  IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM THE COMPANY  WITH RESPECT TO ANY AND ALL SUCH CLAIMS.

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS  CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF  THE SERVICES.

THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT POSTED TO THE  ONLINE AND OFFLINE SERVICES BY A HEALTH CARE PROFESSIONAL OR A  CLIENT, OR ANY INFORMATION OR CONTENT COMMUNICATED BETWEEN A  HEALTH CARE PROFESSIONAL AND A CLIENT USING THE ONLINE AND OFFLINE  SERVICES.

ANY AND ALL HEALTH CARE OR THERAPY RELATED SERVICES  OBTAINED BY A CLIENT THROUGH THE ONLINE AND OFFLINE SERVICES SHALL  BE OBTAINED AT THE CLIENT'S OWN RISK.

You agree and acknowledge that the service do not replace an in-person session with a  licensed qualified professional. You should never rely on or make health or well-being  decisions solely on use of this online or offline services. You should never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional  because of information or advice you received through the online and offline services. Clients should exercise a high level of care and caution in the use of online and offline services.

The company does not guarantee the authenticity or accuracy of any information provided on  the online and offline services, including information regarding the qualification of Mental Healthcare Providers, including their degrees, licenses, certifications, credentials, or  background, although it makes every effort to do so. We do not recommend or endorse any  Mental Healthcare Professional, nor do we make any representation or warranty with respect  to the quality of the services they may provide.

We do not control over and guarantee the availability of any Mental Healthcare  Professional at any particular time or guarantee a particular Mental Healthcare Professional's  office hour. We will not be liable for cancelled or otherwise unfulfilled appointments or any  injury resulting therefrom, or for any other injury resulting from the use of the services  whatsoever. We are not responsible for the functionality of a Mental Healthcare Professional's  website, or a Mental Healthcare Professional's availability to respond to any form of  communication, including, without limitation, email messages and phone messages.

Clients hereby acknowledge and agree that the ultimate decision to engage the services  of a Mental Healthcare Professional remains solely with the client despite the client's use of  the services, and each client hereby agrees to assume any risk inherent in utilizing the services  and/or deciding to actually engage, and use the services of, any Mental Healthcare Professional  listed in our website and other services.

Registration and Passwords

Clients and Mental Healthcare Professionals are required to complete an online registration form or enter information into data fields to access certain portions of the website. In exchange for the company granting you access to these portions of the website, you agree to provide true, current, complete, and accurate information when we require such information. You also agree to update this information as soon as possible if such information changes.

Website Access and Profiles

Clients and Mental Healthcare Professionals may voluntarily submit information about  such client or Mental Healthcare Professional, as provided through forms, messages or profiles,  including, without limitation, certain information that personally identifies the individual, as  further described in the Privacy Policy ("Personal Information").

If you are a client, you may engage with the website without providing Personal  Information. However, if you would like to send a message to, or book a consultation with, a  Mental Healthcare Professional on the website, you may be asked for Personal Information  such as you first and last name, email address, phone number, and other information of your  choice, which information shall be disclosed only to the company and the Mental Healthcare  Professional who you choose to contact. By booking a consultation or sending a message through the company's forms or features, you understand that your message may be sent by  email, which is not a secure means of communication.

If you are a Mental Healthcare Professional, you agree to work with the company to create an online and offline profile (each a "Profile"). Mental Healthcare Professionals will provide the company with information such as his or her name, educational background, and professional statement, and a company representative will create a profile on the website and  update information on the profile as requested. Profiles will be made publicly available via the website.

Mental Healthcare Professional Eligibility Requirements

By using the website for the purposes of providing services, you represent and warrant that:

• All registration information you submit (including but not limited to your license  information) is accurate and truthful and you will maintain the accuracy of such  information.
• You are and will be at any time that you use the Services, permitted to provide health  care services, a member and in good standing with the regulatory college or board of  your jurisdiction, and shall meet all other legal requirements to provide health care  services to clients in the locations where you provide such services.
• There are no pending investigations, actions, or other proceedings, in any jurisdiction,  against you, or against any health profession corporation of which you are a  shareholder, in which claims are made that you have made errors or omissions or that  otherwise relate to, or arise from the performance of, your duties as a regulated  professional.
• No judgements have been rendered against you, in any court of competent jurisdiction  or arbitral tribunal in any jurisdiction in any proceeding related to, or arising from, the  performance of your duties as a regulated professional.
• There are no pending or actual referrals, inquiries, complaints, or investigations against  you, before your regulatory college or any other medical governing body.
• No committee or body of any medical governing body having similar authority, nor any  court has ever made a finding of professional misconduct or incompetence against you,  nor revoked or suspended your certificate of registration or license to provide health  care services or the certificate of authorization of any health profession corporation of  which you are shareholder.
• You have no criminal record for which a pardon or expungement order has not been  granted and you are not under any criminal investigation, proceeding or charge in any  jurisdiction.

Your profile may be removed, and your participation may be terminated without  warning if the company believes that you are in breach of any of the foregoing representations  and warranties. You agree to immediately inform the company in writing of any change in any  of the representations and warranties set forth above, and to immediately stop using the online  and offline services until you are reauthorized by the company in writing to resume use of the  website and services.

Content Standards

These content standards apply to all information and content publicly posted or  uploaded by a client or Health Care Professional to the website (collectively, "Content"),  including personal information, feedback, and reviews. All such content must fully comply  with all applicable federal, provincial, municipal, and international laws and regulations.  Additionally, without limiting the foregoing, such content must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive,  harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based  on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or  other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or  contain any material that could give rise to any civil or criminal liability under  applicable laws or regulations or that otherwise may be in conflict with these Terms or  the Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass,  alarm, or annoy any other person.
• Impersonate any person, or misrepresent identify, or affiliation with any person or  organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales  promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person  or entity if this is not the case.

Use and Ownership of Videos

For certainty, all videos of Health Care Professionals provided on the website or posted  on the company channels are the sole and exclusive property of company and may not be used  by Health Care Professional or clients without the express written permission of the Company.

Licenses Granted

When you submit or upload Content to the website, you grant the company and  irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to use, view, copy, adapt, modify, distribute, license, transfer, or otherwise access such content.  Company represents and warrants that all collection, use, and disclosure of content under such  license will be effected in accordance with the Privacy Policy.

If you comply with these Terms, Company grants you a personal, revocable, limited,  non-exclusive, and non-transferable License to (i) access the website and services for your personal and non-commercial use; and (ii) to access client or Mental Healthcare Professional  Content for you personal and non-commercial use. You have no right to sub-license any rights granted herein. You agree to not use, copy, adapt, modify, distribute, sell, transfer, or otherwise exploit any content or information contained within the website or otherwise belonging to  company. No right, title, or interest in the website or services is transferred to you.

If you use or provide another person access to the website or services in breach of these  terms, you aforementioned license will be revoked immediately.

Termination

Company may suspend your ability to use all or any portion of the website and services  or may terminate these terms effective immediately, without providing any notice or  explanation. Without limiting the foregoing, company may suspend your access to the services  if we believe you to be in violation of any part of these Terms. After any suspension or  termination, you may or may not be granted permission to access the website or services, or to  re-establish a Profile. You agree that company shall not be liable to you for any termination of  your access to the website or the services.

Please note that if you profile is cancelled, we do not have an obligation to delete or  return to you any content you have submitted through the website.

Copyright Infringement

If you believe that any content violates your copyright, please notify us with the claim  of copyright infringement and we will respond promptly in accordance with the Copyright Act  of Nepal, 2059, and all associated regulations.

Authorization and Acknowledgement

You authorize and acknowledge that company, in its sole discretion, may: • Select Mental Health Professionals to be featured on the services based on pre-existing  contractual agreements with the Mental Healthcare Professionals and that such  selection is not an endorsement of such Mental Healthcare Professionals.

• Charge Mental Healthcare Professionals a fee to be advertised, marketed, and/or  featured on the website.
• Use only the information provided to company (such as insurance information,  proximity to your geographical location, and additional criteria that clients specify) to  populate search results for applicable Mental Healthcare Professionals.

By agreeing to these Terms of Service, Clients and Mental Healthcare Professionals  acknowledge that they have read and fully understand them and acknowledge to be bound by  the provisions herein.

Trademarks

Company's name, logo and all related names, logos, product and service names, designs  and slogans are trademarks of the Company or its affiliates or licensors. You may not use such  marks without the prior written permission of the Company. All other names, logos, product, and service names, designs and slogans on the online and offline platforms and services are the  trademarks of their respective owners.

Disclaimer/Limitation of liability

ERRORS AND/OR OMISSIONS MAY OCCUR DESPITE OUR BEST EFFORTS  TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT  CONTAINED ON THE WEBSITE. AS SUCH, THE WEBSITE, INCLUDING THE  CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS"  AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND,  EITHER EXPRESS OR IMPLIED, FOR ANY ERRORS AND/OR OMISSIONS.  COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,  BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.

COMPANY SHALL NOT BE LIABLE FOR DELAYS OR INTERRUPTIONS OF  ANY COMMUNICATION, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT  IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATION OR OTHER  SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THE COMPANY.

IN NO EVENT SHALL COMPANY OR COMPANY'S LICENSORS BE LIABLE  FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL  DAMAGES OR LOST PROFITS THAT RESULT FROM OR IN CONNECTION WITH  THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, OR  SERVICES OBTAINED THROUGH THE WEBSITE, EVEN IF COMPANY HAS BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

COMPANY IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED  WITH ANY THERAPIST. 
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, THE  SERVICES OR THE WEBSITE TERMS OF USE, YOUR SOLE AND EXCLUSIVE  REMEDY IS TO STOP USING THE ONLINE AND OFFLINE SERVICES.

Indemnification

You agree to defend, indemnify, and hold harmless Company's and its affiliates and  subsidiaries, and their officers, directors, team members and agents from and against any  claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable  legal fees, arising out of or in any way connected with (a) your violation by you of these Terms;  (b) your content, and (c) your engagement and use of any services provided by a Mental  Healthcare Professional, including but not limited to, any injuries, losses, or damages  (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection  with or as a result of a your engagement and use of any services provided by a Mental  Healthcare Professional.

Release

By using the online and offline services you agree to release, discharge and hold  harmless Company's and its subsidiaries and affiliates from any and all losses, damages, rights,  claims, actions of any kind and injury (including death) arising out of or relating to the website  and other online and offline services or any act or omission by any person, including without  limitation, any dispute between you and any other person or regarding any Content posted on  the website or other online medias.

Governing Law and Jurisdiction

Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction  govern, these Terms of service shall be governed by and constructed in accordance with the  laws of Nepal applicable therein. If any provision of the present Terms of Service shall be  unlawful, void, or for any reason unenforceable, then such provision shall be severable from  these Terms of Service and shall not affect the validity and enforceability of any remaining  provisions.

Entire Agreement

These Terms of Service, the Privacy Policy and any and all other legal notices or  statements posted on the website constitute the entire agreement between you and the company  with respect to the use of the website and online medias, including the content.

Dispute Resolution

Any and all disputes, demands claims, or causes of action (including the interpretation  and scope of this clause) between you and the company or their successors or assigns shall  exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Arbitration Act of Nepal, 2055. The arbitration shall  be conducted before one arbitrator with substantial experience in resolving commercial  contract disputes and duly.

Waiver

The failure by the company to enforce any right or provision of these Terms will not  constitute a waiver of future enforcement of that right or provision. The waiver of any right or  provision of these Terms will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by  either party of any of its remedies under these Terms will be without prejudice to its remedies  under these Terms or otherwise.