Terms & Conditions
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
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.
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
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
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.
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.
- 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.
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.
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.
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.
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.
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.
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.
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.
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.