The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
Metro Mind is the author and publisher of the Application, which shall mean the mobile application, website, blog contained therein, queries answered by Our team over email, phone or any other medium and all variants, tools, editions, add-ons, and ancillary products or services of the Application (including all files and images contained therein or generated by the software, and accompanying data, herein referred to individually or collectively as “Application”). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests, drug delivery, electronic medical records, billing, inventory, accounting details and other relevant information.
The Application titled ‘Self-Assessment Tool’ is purely for informational and educational purposes and is not intended to provide or be used for the diagnosis or treatment of disease or other conditions, including COVID-19. The guidance you receive depends on the accuracy of the information you provide as well as current guidelines for responding to symptoms associated with the novel coronavirus COVID-19.
To register and become a “member/user” of the website or application or services, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving services from Metro Mind under the relevant laws and statutes of India or other applicable jurisdiction. Furthermore, the registering member/ user hereby acknowledges, understands and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Metro Mind will have sufficient grounds and rights to suspend or terminate the member/ user in violation of this aspect of the Agreement and as such refuse any and all current or future use of Metro Mind services, or any portion thereof.
It is Metro Mind’s priority to ensure the safety and privacy of all its users/ members, especially that of children. Therefore, it is for this reason that the parents/ legal guardians of any child under age of 13 years that permit their child or children access to the Metro Mind website or application or services, must be under the strict supervision of the parents/ legal guardians. It is parents/ legal guardians’ responsibility to determine whether any of the services and or content provide are age appropriate for his/ her child.
As a member/ user of the website or application, you herein acknowledge, understand and agree not to make use of Metro Mind website or application for the purpose of:
Metro Mind herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
Metro Mind herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Metro Mind or any other content providers supplying content services to Metro Mind. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
The data and information available on the Application may be categorized as follows:
As required by law, you must be at least 18 years of age or older, have a sound mind and not debarred by any law to contract in order to access and use the Application and Services as a Primary User. In case the Application or Services are to be accessed or used by a minor (i.e. a person less than 18 years of age), then only the legal guardian/representative of such person shall register himself/herself as a Primary User and create/add the profile of the minor as a Secondary User.
All Services will be requested for, and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User only as a beneficiary. The Primary User will be entirely responsible and accountable for the Secondary User’s activity on the Application, as if the Application and Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User who is adult and of sound mind from liability towards Metro Mind or its contractors or agents and Metro Mind shall have the right to proceed against Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement.
You will use the Application and the features provided on the Application only in relation to and in compliance with all applicable Indian laws. You will not use this Application, or any feature provided on the Application for any purposes not intended under this Agreement.
You should limit the use of this Application to India only. We are not responsible if You avail any Service from outside India. You must have the advice and/or prescription given by such HSP validated by a local registered medical practitioner. Certain Services are location specific. Depending on Your location certain Services may not be available to You.
You will not deliberately use the Application in any way that is unlawful or harms Metro Mind, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application.
You will not use the Application for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations. You will not interfere, disrupt or hamper with the proper functioning of the Application. As a User, you may have access to business sensitive information. You shall not share such information with Metro Mind’s direct competitors or use it for competitive purposes, except with Metro Mind’s prior written consent.
You understand that as part of Your registration process as well as in course of Your use of the Application, You may receive communication from Metro Mind on Your registered contact information. These communications will relate to Your registration, Services provided by Metro Mind, transactions that You carry out through the Application and any such information found suitable of Your attention by Metro Mind. Please note that Metro Mind will send these communications only to the contact details that You or HSP provide on the Application. It is Your responsibility to ensure that You provide the correct contact details for the transaction You wish to enter. Further, Metro Mind may also send notifications and reminders to You for the features that You may be using on the Application. Metro Mind may also share the dynamic password with You in order to facilitate the online delivery of your medical report. You hereby consent to receive such communications from Metro Mind.
You will not share Your log-in details with anyone. You are responsible for maintaining the confidentiality of Your account access information and password. You shall be responsible for all usage of Your account and password, whether or not authorized by You. You shall immediately notify Metro Mind of any actual or suspected unauthorized use of the Your account or password. Metro Mind will not be liable for Your losses caused by any unauthorized use of Your account. You may be liable for the losses of Metro Mind or others due to such unauthorized use.
Through the Application, Metro Mind offers its Services as well as facilitates the purchase of Services offered for sale by HSP. Metro Mind has no control over HSP Services and does not originate or initiate the transmission or select the sender/recipient of the transmission. The authenticity and genuineness of the Services made available by HSP through the Application shall be the sole responsibility of HSP. You understand and agree that Application shall have no liability with respect to the authenticity of the Services being facilitated through the Application.
The Application may be used to access a variety of mental healthcare and related services. Depending on the status of your registration and subject to the limitations and restrictions imposed by the Agreement or by Metro Mind, You may avail following services through the Application:
The aforesaid list of services is jointly referred to as “Services.”
The Services are non-transferable and only cover the Registered User.
You agree and acknowledge that the property and title in the drugs ordered by You shall stand immediately transferred to You upon the dispensation of drugs and the raising of the invoice at Metro Mind or the concerned HSP. Accordingly, the sale of drugs is concluded at Metro Mind or the concerned HSP itself. Post your acceptance of the drugs, the related Services would not be eligible for any exchange or refund. The sale of drugs will be in tune with relevant Statutes, Rules prevelant in the Territory of India as well as Circulars and Notifications issued by the State and Central Government from time to time.
The minimum age requirement of 18 years does not apply to any Service that is open to children and adolescents from Age 1-18.
You are advised not to use the Metro Mind online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases or if You are in a critical condition.
If You are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. Metro Mind will not be responsible or liable for any harm or loss that You may suffer if You elect to access those Services.
All Users, who are patients, and who opt for online consultation services, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.
Online consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and the Services are meant for general consultation only. If after online consultation, if it is recommended to undergo any diagnostic tests or if You are issued with a Prescription, the same are provided based on the information and preliminary examination, hence the same shall not be treated as accurate, final and conclusive. Metro Mind reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation.
Online consultation services may be provided via the following communication channels Call Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and without camera and video facilities at the sole discretion of Metro Mind. Reasonable efforts will be made to protect Your privacy and confidentiality across Health Consultation Services.
In order to purchase drugs that requires a valid medical prescription issued by a Metro Mind medical expert/doctor or from the concerned HSP through the Application, you are required to upload a scanned and clean copy of the valid prescription on the Application or email the same to Metro Mind. You shall, ensure that medical expert/doctor, as far as possible, prescribe drugs with generic names. The order would not be processed and forwarded by Metro Mind until we receive a copy of a valid prescription. Metro Mind or the concerned HSP will verify the prescription shared by You and in case Metro Mind or the concerned HSP(s) observe any discrepancy in the prescription uploaded by You, Metro Mind will cancel the order immediately. You may also be required to make the original prescription available at the time of receipt of delivery of Prescription Drugs.
You acknowledge and accept that the order for a substitute of a Prescription Drug would not be processed if the medical expert/doctor has himself/herself not permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription. The substitute of a Prescription Drug would be dispensed only if the prescription solely lists the equivalent generic drug or salt names instead of a specific brand name.
You further acknowledge and accept that, in the absence of the above, the Metro Mind would not dispense a substitute drug in place of the Prescription Drug.
Metro Mind respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the Metro Mind Content are protected by applicable intellectual property laws. All intellectual property in and to the Application and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to Metro Mind or its licensors. As a User/ Member, you are granted a limited, non-exclusive, non-transferable license to access and use the Application as per the terms of the Agreement. Through Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by Metro Mind to You in respect of such works.
Metro Mind and/or its licensors assert all proprietary rights in and to all names and trademarks contained in the Application. Notwithstanding the generality of the foregoing, the name, tagline and logo of “Metro Mind” is/are the trademarks and copyright (inclusive of any other applicable intellectual property right) of Metro Mind and/or its licensors. Any use of such name or logo, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Metro Mind and/or its licensors and may be actionable under applicable laws.
Except as stated otherwise in this Agreement, all Metro Mind Content (including all intellectual property rights to such content) is owned exclusively by Metro Mind and/or its licensors.
When You use the Application in accordance with this Agreement, a limited royalty-free right is granted to You by Metro Mind to use Metro Mind Content only for personal and non-commercial use in India for the term of the Agreement.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Unless expressly authorized by Metro Mind, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Metro Mind Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
You agree that You are the sole owner of all rights (including all intellectual property rights) in the User Content that You post on the Application or provide to Metro Mind.
To the extent permissible by law, You hereby grant Metro Mind a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of the User Content.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Metro Mind website or application or services.
You have the option of uploading your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Application which may be accessed by Metro Mind and/or HSPs using the Application, during the course of providing Services to you. If you are a Secondary User, your information may be provided to us by the Primary User under whose account you are using and accessing the Application and Services. If you have not lawfully authorized the Primary User to do so, kindly reach out to us immediately at ……………... By continuing to access and use the Application and Service, you confirm that you as a Secondary User have authorized Primary User to provide your information to us and on the basis of information provided by the Primary User Metro Mind team doctors and/or HSP would generate the prescription in the Secondary User’s name.
We may collect various personal information from you when you use the Application and for the features provided by the Application.
You may be provided with links on the Application that direct You to third party websites / applications / content or service providers (collectively “Third Party Content”).
We do not extend the Agreement to any other websites/applications except for this Application. We do not make any warranty or give any security to the personal information disclosed by you to the other websites/applications, even if such websites/applications are linked to our Application or they are using our Application link.
Metro Mind does not endorse any Third Party Content that you may be directed to from the Application.
Metro Mind will make available qualified HSPs to render Services after carrying out appropriate background and reference checks.
It is hereby clarified Metro Mind’s obligation to carry out appropriate background and reference checks and to validate qualification of HSPs does not go beyond ensuring that the HSPs were registered with relevant State medical councils or National medical council at the time of engagement and had a certificate of good standing from the relevant medical council at the time engagement.
Subject to the relevant and applicable laws in India, Metro Mind will use commercially reasonable efforts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for:
Metro Mind has no responsibility towards Non-registered User for providing Services.
For the avoidance of doubt, it is hereby clarified that Metro Mind’s responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.
If Metro Mind suspects any illegal, wrongful or fraudulent activity on the Application by any User, notwithstanding any other rights Metro Mind may have against such User, Metro Mind reserves the right to inform the relevant government or law enforcement authorities. Metro Mind will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
Metro Mind reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Application at its discretion. All Users of its Services will be duly notified upon release of such newer versions and Metro Mind reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
The Application and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of HSPs due to unforeseen circumstances, etc. Metro Mind reserves the right to schedule/reschedule/cancel appointments and swap HSPs at any time without prior intimation.
Metro Mind reserves the right to refuse Service at any time without providing any reasons. The terms applicable to refund and cancellation are specified below.
Metro Mind will strictly adhere to and adopt all reasonable measures to ensure compliance to all Central and State Government regulations and directives as applicable from time-to-time.
The information stored on the Application may be entered by you or by a HSP in the course of services provided by Metro Mind. The information collected as part of the Services may be stored on your mobile device as well as on a third-party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).
All video-consultations / IM chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between Users and HSP Acquired Users who are patients, and HSPs engaged by Metro Mind shall be recorded, saved and stored for record purposes and in the event such records are required to be produced as evidence on the direction of a Court of Law. Metro Mind may review this data from time to time for quality evaluation purposes. However, under normal circumstances, Metro Mind will not access any information that identifies you and shall either omit, mask or anonymize your personal information at the time of quality evaluation.
It is hereby clarified that Metro Mind does not have the obligation to pre-screen or monitor User Content at any time. However, Metro Mind may elect to monitor any User Content and may modify or remove any User Content from the Application if Metro Mind determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where Metro Mind removes any User Content from the Application, Metro Mind will make reasonable efforts to inform the Registered User who had posted such User Content.
All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider / Storage Service Provider. Metro Mind shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. Metro Mind will however not be responsible for any cyber data theft from its Application or the Cloud Service Provider’s/ Storage Service Provider’s databases. Metro Mind shall maintain a detailed transaction & purchase history of Users online.
Metro Mind reserves the right to permanently delete User Content in case the User does not avail a Service for a period of three years.
Your use of this Application shall be subjected to the following terms and conditions:
Without prejudice to the rights that Metro Mind may have under other provisions of the Agreement, where Metro Mind has reasons to believe that a User has violated a term or condition of the Agreement, then Metro Mind shall, in its sole discretion:
You agree to pay all Service fees, consulting fees, reasonable out of pocket expenses and other fees applicable to your use of the Services. While Metro Mind will strive to give you a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that you purchase and may vary based on the number or duration of the Services subscribed to.
You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Metro Mind is in no way responsible for any of the taxes except for its own income tax. The fees could be paid online through the facility made on the Application. Third parties support and services are required to process online fee payment. Metro Mind is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Metro Mind.
At the sole discretion of Metro Mind, the fees could also be paid offline and be either collected personally from the User or required to be mailed to Metro Mind at the following address: Metro Mind - Center for Neuro Psychiatry and De-Addiction, Rajagiri Road, Rajagiri P.O., South Kalamassery, Kalamassery, Kochi-683104.
All fees are exclusive of taxes. The payment process would be complete only on receipt of the amount to Metro Mind’s designated bank account.
An invoice for fees against Services received by you will be generated periodically and will be intimated to you on the Application and/or on your contact details. You may be requested to make the payment immediately or on a deferred basis, at the sole discretion of Metro Mind. In case the fees against Services are not received within the requested timeframe, Metro Mind reserves the right to stop provision of Services on immediate basis, permanently delete Your account and all information stored against your account and, suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested timeframe and have no right of recovery in any form against Metro Mind.
Metro Mind shall send an intimation of fee receipt through an email and/or your contact details within seven (7) working days of fee receipt from you.
Metro Mind and HSP may occasionally promote their Services on the Application available for you to purchase. We try to encourage HSP to offer good quality Services and materials at competitive prices but we have no control over them, we do not endorse the Services they offer or give you any assurance that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same. All promotions are for limited period and subject to special terms and conditions, which are in addition and not to the terms and condition stated herein.
For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/offered for sale by the HSP’, as appearing in the Agreement, shall be construed solely as an ‘invitation to offer for sale’ by any such HSP.
For Services that require activation, an executive will get in touch with you within 2 business days of the purchase to help finish all paper formalities and activate the subscription and deliver all documents to the registered address within 10 business days of online purchase.
For Services that involve home visits, we will communicate the availability of the HSP at the time of providing the Service. If you wish to reschedule the home visit, you can select a preferred appointment date and time through the Application. While Metro Mind does not guarantee availability of appointment date and time, it will try and confirm appointment as per your preference.
For all Metro Mind Services that require delivery, the estimated delivery date shall be provided to you on the Application at the time of placing the order.
You should check the items dispensed to you carefully promptly upon receipt. If you believe there may have been a dispensing error or goods have been tampered, you should contact us immediately and should not take the goods or use any of the items. Any complaints with regard to shortage of Goods, defects or otherwise will not be entertained by Metro Mind once the same are accepted at the time of delivery.
For internet-based subscription Services, you are free to cancel the Service at any time. Metro Mind shall refund any unexpended advance fees paid by you at the time of cancellation of the Service. In case you wish to seek a refund of the advance paid by you because you do not agree with a modification to the Agreement, please write to ……………... We will process refund of the unexpended amount. subjected to terms under clause ‘Use of Services’ of this Agreement for all home-based Services, Metro Mind shall provide refund of any unexpended advance fees paid by you if:
METRO MIND STRESS THAT ITS SERVICES ARE NOT A REPLACEMENT FOR EMRGENCY SERVICES OFFERED AT HOSPITALS AND SHOULD NOT BE ACCESSED IF THE PATIENT IS IN A CRITICAL CONDITION. IN MEDICAL EMERGENCY (defined hereunder), PLEASE CONTACT EMRGENCY SERVICES AND/ OR RUSH TO THE NEAREST HOSPITAL.
“Medical Emergency” will include a serious and unexpected situation that may involve illness or injury and requiring immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention. In such situation patient (adult and minor) may undergo through any or multiple of the following conditions:
By Using This Application, you hereby represent and warrant that;
Metro Mind represents and warrants that:
You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:
Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by a HSP;
User may expect the anticipated benefits from the Services provided by Metro Mind, HSPs and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse.
maintenance and updating of the Application. Any modification, development, maintenance or updating of the Application and any modification, transfer, license or assignment of the rights in the Application shall be done by Metro Mind as per its sole judgment and in its sole discretion.
The Application and Services provided by Metro Mind is provided “as-is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). To the fullest extent permitted by law, Metro Mind disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, the Metro Mind Content, representations and warranties made by Metro Mind or any opinion or suggestion given or expressed by Metro Mind or its contractors and agents (including HSPs).
Specifically, Metro Mind disclaims any liability arising out of:
Metro Mind assumes no responsibility and shall not be liable for ways in which your personal data is used. It is the responsibility of you alone to ensure that your personal data is used in compliance to applicable privacy laws.
Metro Mind assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
Neither Metro Mind nor its contractors and agents (including HSPs) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of Metro Mind or its contractors and agents is proven.
Use of the Application does not include the provision of a computer or mobile device or other necessary equipment to access it. To use the Application you will require internet connectivity and appropriate telecommunication links. Metro Mind shall not have any responsibility or liability for costs incurred in procuring any equipment or telephone or other costs you may incur in connection with the use of the Application.
Information regarding HSP and Services
Information regarding HSP and Metro Mind Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information you see on the Application with respect to a HSP that you seek to engage through the Application.
METRO MIND DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE APPLICATION AND ITS FEATURES; (II) HSP INFORMATION ON THE APPLICATION; (III) ANY SERVICE INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE APPLICATION (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR METRO MIND CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE APPLICATION AND / OR SERVICES. METRO MIND MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
METRO MIND ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY INFORMATION WHICH YOU OR A HSP MAY POST ON THE APPLICATION AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE. YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR METRO MIND TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. METRO MIND IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE APPLICATION, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
METRO MIND DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS A FEATURE OF THE APPLICATION OR NOT.
METRO MIND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF METRO MIND DUE TO TECHNICAL REASONS OR THIRD PARTY ACTIONS.
To the fullest extent permitted by law, in no event will Metro Mind or its contractors or agents (including HSPs) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Application or the Services, materials and functions related thereto whether or not Metro Mind has been warned of the possibility of such damages or could have reasonably foreseen such damages.
Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Application exceed, in the aggregate, INR 5000 or the amount of payment against Services that has been directly received by Metro Mind from the User in the past three months, whichever is lower.
You hereby agree to indemnify, defend, and hold Metro Mind, Metro Mind’s contractors, agents, representatives and other authorized users (Registered and Non-Registered Users, Patients, HSPs), and each of the foregoing entities’ respective contractors, agents, representatives, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Application or Service (ii) Your breach of terms, conditions or provisions of this Agreement, or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim., (iii) any negligent or intentional wrongdoing on Your part, (vi) misrepresentations or fraudulent feedback that has adversely affected Metro Mind or its Users, (v) User’s actions resulting from the User’s viewing of Content on Metro Mind Application, (vi) any legal or third party intellectual property right claim that may arise from the User Content and (vii) any such claim or liability arising out of unauthorized use of Application and content within the Application
In the event where a User has breached the Agreement in Metro Mind’s sole judgment or when Metro Mind is unable to verify or authenticate any information provide by User to Metro Mind or when or User fails to provide the consents necessary or desirable for Metro Mind to provide the Services (or after providing such consent, later revokes), Metro Mind reserves the right to suspend and / or terminate the User’s account and/or access to the Application by blocking your IP address or email ID with or without notice to the User. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating User account and/or User access to the Application and/or Services. Upon suspension or termination, Your right to use the features on the Application including Services shall immediately cease and Metro Mind may permanently remove or delete your information that is available with Metro Mind, including but not limited to login and account information.
Metro Mind shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by Metro Mind in connection with such account termination or suspension.
Once User’s account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Application under the same account, a different account or re-register under a new account.
The Service is designed for and intended for users in the India. Facility makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside the territorial jurisdiction of India. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the territory of India, you do so on your own initiative and you are responsible for compliance with local laws.
This Agreement will remain in full force and effect while you use the Application in any manner or capacity.
You can terminate your relationship with Metro Mind at any time by providing 90 (ninety) days’ prior written notice at ………………. are any ongoing or pending Services. Metro Mind may require User to continue until the completion of an on-going Service should the situation warrant.
Metro Mind may terminate its relationship with you after providing 30 (thirty) days’ prior written notice to your registered email address. However, it does not prejudice Metro Mind’s right to refuse Service to you without providing any reason.
Metro Mind may terminate the Agreement without notice and with immediate effect where, in the sole opinion of Metro Mind:
Metro Mind reserves the right to suspended or withdrawn any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application from you personally or all users temporarily or permanently at any time and without notice. Metro Mind may also impose restrictions on the length and manner of usage of any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application for any reason. Metro Mind may change or update the non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application without notice to you. If the need arises, we may suspend access to such part of the Application or close it indefinitely.
The information provided under this Application and the terms and conditions therein are governed by and to be interpreted in accordance with laws of India.
The parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by one (1) arbitrator, mutually appointed by the parties. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Kochi, Kerala. Subject to the aforesaid, the competent courts of Kochi, Kerala shall have jurisdiction to grant urgent interim reliefs to the parties.
The parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
Notices: All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision
If to Metro Mind: Metro Mind - Center for Neuro Psychiatry and De-Addiction, Rajagiri Road, Rajagiri P.O., South Kalamassery, Kalamassery, Kochi-683104
If to You: at the email address provided by you to us when you registered as a User. If you are a Secondary User, You agree to receive communications and be notified at the email address of the Primary User.
No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Complete Understanding: The Agreement contain the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure: Metro Mind shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond Metro Mind’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, floods, fires, earthquakes, epidemics or pandemics, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Advertisement: Metro Mind shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Application.
Assignment: You may not assign or sub-license, without the prior written consent of Metro Mind, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Conflict: In the event there is any conflict between the terms of the Agreement, the following order of prevalence shall apply:
Survival: Even after termination, the provisions of the Agreement with respect to Platform as-is, Payment terms, Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination of this Agreement.
Modifications: Metro Mind reserves the right to modify any part of the Agreement at any time without giving you prior notice. No part of the Agreement shall stand modified unless consented to in writing by Metro Mind.
When Metro Mind updates the Agreement, We will notify you through an email/ sms. Alternatively, Metro Mind may cause your account to be logged-off in and make Your subsequent account log-in conditional on acceptance of the Agreement.
If You do not agree to the changes, please do not access or use the Application and the Services any further.