Terms & Conditions

xmindset is a psychological wellness platform that delivers emotional wellness products and Services to individuals and organisations. These include, but are not restricted to, corporate wellness programmes through which employees of organisations avail various products and Services. xmindset offerings may include/are:

• Online and face-to-face consultation with expert Psychological Wellness Professionals (who have been authorised by xmindset to use the platform for delivering their Services)
• Periodic self-assessments and psychological tests
• Workshops and/or webinars delivered by trained Psychological Wellness Professionals
• Self-help tools, content and programmes through a range of channels including, but not restricted to websites, mobile applications and emails
• Guide chat packs where in clients may be able to exchange encrypted private messages with their Psychological Wellness Professional in addition to online consultation
• Participation in user forums, topics, replies, comments, feedback, blogs and any other submissions on the platform

The Services offered by xmindset are in compliance with our client anonymity and confidentiality policies.

xmindset reserves the right to add or remove products and Services from its overall offerings without prior notification.

The aforementioned shall hereinafter be referred to as “Services”.

xmindset does not deal with medical or psychological emergencies. We are not designed to offer support in crisis situations - including when an individual is experiencing thoughts of self-harm or suicide, or is showing symptoms of severe clinical disorders such as schizophrenia and other psychotic conditions. In these cases, in-person medical intervention is the most appropriate form of help.

If you feel you are experiencing any of these difficulties, or if you are considering or contemplating suicide or feel that you are a danger to yourself or to others, we would urge you to seek help at the nearest hospital or emergency room where you can connect with a psychiatrist, social worker, counsellor or therapist in person. The same applies in-case of any medical or psychological health emergency. We recommend you to involve a close family member or a friend who can offer support.

By choosing to visit and/or avail any Services and/or product and/or resource from xmindset, the user confirms that they are above 18 years of age and are not otherwise incompetent to contract under the Indian Contract Act, 1872 and are legally allowed to take decisions of their own. The user also accepts and agrees to our Terms and Conditions (hereafter referred to as “User Agreement”) and those additional terms and conditions and policies referenced herein and/or available by hyperlinks.

Please read the User Agreement carefully. The terms in the User Agreement are in effect upon your using or availing Services, resources or any product from the platform. Accessing the Service/platform on any medium, including but not limited to mobile phones, smartphones and tablets, is also subject to the terms of the User Agreement.

We reserve the right to add, modify or remove sections from the User Agreement at any point in time during the course of the agreement with no prior notice. Continuing to use the xmindset platform, purchase of any Service, resource or product, forms an obligatory legal agreement between the user and xmindset. Liability to review the User Agreement from time to time lies with the user. Continuation of the use of the platform after revision of the User Agreement will be deemed to be an acceptance of the revised terms.

The general terms and conditions in the User Agreement are applicable to all present and future contracts established between the user and xmindset.

This User Agreement applies to all users of the platform, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

By availing any of our Services, the user irrevocably accepts all the obligations stipulated in the User Agreement, Terms of Use and Privacy Policy, other policies referenced herein; and agrees to abide by them. The User Agreement supersedes any previous oral or written terms and conditions that may have been communicated to you.

At any point during the term of the User Agreement, the user shall be entitled to terminate the User Agreement provided all outstanding payments are settled, if applicable. Upon termination of the User Agreement, there may still be some information saved on our servers regarding the user. Should the user wish to remove this information, they will have to contact their organisation to request the same of xmindset, in case they are accessing xmindset offerings through a third-party or organisation. In case the user has registered on our platform directly, they can write to xmindset at support@xmindset.in. xmindset will aim to process all such requests within 14 working days, in line with our Privacy Policy and subject to necessary compliance with applicable laws.

Over the course of the term of the User Agreement, xmindset can choose to terminate the User Agreement without citing a reason. Any payment receivable by xmindset should be paid by the user in full within 30 days from the termination of the User Agreement. Any payment receivable by the user will be processed by xmindset as per our Refund Policy.

During the course of the User Agreement, it is expressly stated, understood and agreed by you (user) that you (user) shall abide by the following terms of use:

• You are 18 years of age or older, not otherwise incompetent to contract under the Indian Contract Act, 1872 and that your use of the platform shall not violate any applicable law or regulation
• All registration information you submit - either to us directly or through your organisation - is truthful and accurate and that you agree to maintain the accuracy of such information
• Your use of the platform is solely for your personal and non-commercial use. Any use of this platform or its content other than for personal purposes is prohibited
• You shall not modify, decompile, reverse engineer, or disassemble the content
• You shall not delete or modify any content of the platform and/or Services, including but not limited to, legal notices, disclaimers or proprietary notices
• You shall not use the platform and/or Services in any way that is unlawful, or harms the Company or any other person or entity
• You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by xmindset
• You shall not post, submit, upload, distribute, or otherwise transmit any software or computer files that contain a virus or other harmful component
• You agree that you shall pay all applicable fees on time. In case of late payment, xmindset reserves the right to levy a charge/interest on the outstanding amount

The contents on the platform are for informational purposes only. xmindset disclaims all liability to any person for any loss or damage caused by dependence on any part of the platform. Third-party content appearing on the platform is the property of their respective owners and xmindset does not assert any rights in relation to the same. Such third-party content is used by xmindset subject to the fair use provisions of Indian copyright law and applicable provisions in other jurisdictions. xmindset asserts its copyright ownership on the remaining contents of this document. No information, content or material from the platform and/or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without an express written permission from xmindset.

By submitting any text, links, images, sound recordings, audiovisual material, pictures, graphics, logos, trademarks, or any other material, content, data, or subject matter (collectively, “Content”) for inclusion in the platform, user forums, topics, replies, comments, feedback and any other submissions, you represent and warrant to xmindset that:

• You are the sole and exclusive owner of all right, title, and interest in and to any Content, or that you are authorized or licensed to use, assign title to, or license or sub-license any Content
• The Content complies with all provisions of these Terms and conditions and does not infringe upon the rights of any third party
• The use, reproduction, or transmission of the Content will not violate any laws
• The Content is not false, inaccurate, or misleading in any way

By submitting Content to xmindset, you grant to xmindset a royalty-free, fully paid, non-assessable, perpetual, irrevocable, nonexclusive, transferable, worldwide right and license to use, copy, perform, translate, reproduce, publish, display, and distribute such Content.

By using the platform, the user agrees to pay all applicable fees and charges upfront to xmindset and also authorises us to automatically deduct all applicable charges and fees from the payments made as and when such features are accessed on our platform. Further, the user agrees to be responsible for any telephone charges and/or internet Service fees that may be incurred in accessing xmindset Services.

For more information on payment methods, charges and fees, the user shall refer to the Payment section on the platform. xmindset reserves the right to change any or all parts of Payment policy without notice or liability to the user or any third-party.

All cancellations and refunds will be handled as per the Cancellation & Refund Policy of the Company. xmindset reserves the right to change any or all parts of the Cancellation & Refund Policy without notice or liability to the user or any third-party.

Usage of our platform or online resources is subject to the Privacy Policy of the Company. Please read the Privacy Policy carefully. xmindset reserves the right to add, change, or remove sections from the Privacy Policy without notice or liability to any third-party.

xmindset does not guarantee that you will be accepted as a registered user at xmindset, or as a client by the Psychological Wellness Professionals on our platform. xmindset reserves the right to terminate your registration with our platform at any time without citing a reason.

xmindset is a technology enabler that connects the user and the Psychological Wellness Professional. Further, the professional Service is dependent on the information provided by the user to the Psychological Wellness Professional and xmindset does not promise any outcomes based on counselling and therapy. xmindset does not guarantee the availability of the same Psychological Wellness Professional over any period of time.

xmindset makes all efforts to verify the credentials of every Psychological Wellness Professional registered with it. However, xmindset is not responsible for any misrepresentation/fraudulent credentials or claims by the Psychological Wellness Professionals.

All Psychological Wellness Professionals have a contractual relationship with xmindset and are allowed to use our platform and technology to provide Services to you. xmindset does not assume any responsibility for their actions, advice or any other information provided through our platform or otherwise. xmindset shall not be held liable for any damage/loss/liability caused to the user by a Psychological Wellness Professional, either directly or indirectly.

You understand and agree that any interactions and associated issues with the Wellness Professional on the platform, is strictly between you and the Wellness Professional. You shall not hold xmindset and/or the Wellness Professional responsible for any such interactions and associated issues.

The Services and content, and all materials, information, products and Services included therein, are provided on an “as is” and “as available” basis without warranties of any kind.

xmindset and its licensors and affiliates expressly disclaim all warranties of any kind, express, implied, or statutory, relating to the Services and content.

In addition to other prohibitions as set forth in this User Agreement, you are prohibited from using the platform or its content:

• For any unlawful purpose
• To solicit others to perform or participate in any unlawful acts
• To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track the personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape

We reserve the right to terminate your use of the Service or any related website/mobile application/platform for violating any of the prohibited uses.

You agree to indemnify, defend and hold harmless xmindset and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, employees and interns, harmless against any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of this User Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

The failure of us to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision.

This User Agreement and any policies or operating rules posted by us on this platform or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

In the event that any provision of this User Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

To address the grievances of the users, xmindset has set up a Grievance Redressal Forum. In case you are dissatisfied with any aspect of our Services, you may contact our Grievance Redressal Officer Mr. Mayank Punia at support@xmindset.in. We assure you a time bound solution not exceeding one month from the date of your complaint.

Jurisdictional policies of xmindset have been drafted in accordance and compliance with Indian laws. Any and all disputes arising between the user and xmindset with regards to this User Agreement, including the interpretation of the terms of this User Agreement shall be subject to the exclusive jurisdiction of the courts at Delhi, India.

Registered Address: 1-B, Gautam Nagar, New Delhi, 110049
Email: support@xmindset.in