TERMS AND CONDITIONS

Terms and Conditions

WE REQUEST YOUR ATTENTION: Please read these Terms and Conditions of Use (“Terms”) carefully.

We welcome you to Mind Brain TMS Institute !

These terms and conditions outline the rules and regulations for the use of Mind Brain TMS Institute ’s Website, located at https:// mindbraintms.com/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Mind Brain TMS Institute if you do not agree to all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:

“Client”, “You” and “Your” , “User” refers to you, the person logged on this website and compliant to the Company’s terms and conditions.It is hereby specified that the term User shall include natural as well as legal entities. User shall also include those who have subscribed to our services offline through modes of payment other than Internet banking or the payment gateways made available.

“The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Mind Brain TMS Institute or mindbraintms.com as the case may be.

“Party”, “Parties”, or “Us”, refers to both the Client and ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing laws of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

BINDING TERMS: These Terms are binding in nature. These Terms, along with the others found on our website, govern our policy for acceptable use of our services and also describe your rights, obligations and restrictions regarding your use of this Site. By accessing www.mindbraintms.com, you unconditionally accept, without any limitation or qualification, whatsoever, all the Terms applicable to the website, as amended from time to time. You are only authorized to use www.mindbraintms.com and its services if you agree to be bound by these Terms and to abide by all applicable laws.

MODIFICATION TO TERMS: We may modify these Terms from time to time and such modification will be effective upon posting on this Site. You agree to be bound to any changes to these Terms when you use this Site after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.

These Terms of Service are to be read in concurrence with other agreement(s) or contract(s) that the user may have with Mind Brain Institute TMS.

We reserve the right, in our sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.

Membership

Account Creation

“mindbraintms.com” may enlist certain services which can be availed virtually or services which may be virtual or physical but payment for them can be made online. In order to avail the said Services, you may be required to create an account with us which may require you to provide your personal information about yourself like your name, email address, username and password, etc. You agree that any registration information you give to Mind Brain TMS Institute will always be accurate, correct, and up to date. To find out more about the use of your personal information by us, please go through our “Privacy Policy”.

You must not impersonate someone else or provide account information nor an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction or that of India.

Duration of Agreement

Once confirmed, we will provide you access to the purchased membership plan. You agree and understand that access to the membership plan may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Mind Brain TMS Institute when there are reasonable delays in the access of the Service.

Mind Brain TMS Institute reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but are not required to do so under the terms of this agreement.

Lifetime Access is for the lifetime of the Service. If for any reason, Mind Brain TMS Institute should dissolve or cease to exist, then your access to the Service terminates.

If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.

For annual subscriptions you will receive 365 days access. You may cancel the automatic renewal of your annual subscription at any time and your access to the Site will end at the end of the current contracted term.

LOGIN ID AND PASSWORD: For subscribing customers exclusive access may be provided on the strength of their username and password. To ensure security of access to the personal information and transaction details, you will be responsible for maintaining the secrecy of your User Name and Password. The areas of the website accessible to subscribing/registered members are for their viewing/ use only and the Username/Password to access such areas should not be shared with anyone else. In case of any such leak of login-id & password the website cannot be responsible for the loss of any private information arising from the use of such leakage of login-ids and passwords.

BILLING: We have employed the services of reputed online payment gateway(s) which have their own practise and procedure for processing payments, if any, made by you. Making payment using payment gateways may lead you to external websites website(s) which are not under our control. These websites may collect their own information which may include your private information. As these websites are not governed by our privacy and may have their own privacy policy you are advised to exercise discretion in using the services of these websites. We are not responsible for the privacy practices of web sites operated by third parties.

Termination

This Membership Agreement shall continue until terminated by either Party. In order for the Member to cancel a written notice must be provided prior to the next billing cycle. This Agreement may also be immediately terminated in the event that there is a breach of the terms of this Agreement by either Party. This Agreement will also immediately terminate upon the death of the Member, the inability of the Member to pay the Fees required, the liquidation, dissolution or discontinuance of the Organization by the Organization in any manner, or the filing of any petition by or against the Organization under federal or state bankruptcy or insolvency laws.

REFUND AND CANCELLATION POLICY

You acknowledge and understand that:

1. We have a strict non-negotiable NO REFUND policy.
2. Subscribers can cancel the active subscription before the renewal date. In case a subscription is cancelled in the middle of a subscription cycle, the subscriber will continue to get subscriber access till the end of the subscription period. In case payment for the subscription is with auto renewal, the subscription will be renewed automatically immediately upon the expiry of the subscription period and the amount will be recovered, without any refund option, by way of auto renewal option. In case a subscriber wishes to discontinue a subscription with auto renewal option it is imperative that subscription is cancelled before its expiry. In any event, whatsoever, no request for refund of payments (full or partial) made for buying subscription plans will be entertained. In the event of a mid way cancellation of subscription plan, no request for refund of payment towards balance subscription period will be entertained. Subscribers acknowledge that they have gone through the terms on the website and have taken a conscious decision to purchase the subscription plan after going through the refund and cancellation policy.

Cookies

We employ the use of cookies. By accessing Mind Brain TMS Institute , you agreed to use cookies in agreement with Mind Brain TMS Institute ’s Privacy Policy. (Most interactive websites use cookies to let us retrieve the user’s details for each visit). Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Hyperlinking to our Content

THIRD PARTY LINKS: www.mindbraintms.com may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Mind Brain TMS Institute ; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to Mind Brain TMS Institute . Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Mind Brain TMS Institute ’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Website.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

POSSIBILITY OF ERRORS/INACCURACIES/VIRUSES: Although all efforts have been made to keep the information on this website accurate and free from errors, there is no guarantee, whatsoever, as to its completeness, correctness or accuracy. We do not warrant that your access to the site and/or related services will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. Access to and use of this site and the information is at your risk and we do not undertake any accountability for any irregularities, viruses or damage to any computer that results from accessing, availing or downloading of any information from this site. You assume total responsibility and risk for your use of this site and site-related services. A possibility exists that the information on this site could include errors and inaccuracies. In the event that such an inaccuracy or error is noticed, please inform the website on contact information provided, so that the errors/inaccuracy can be corrected.

User(s) understand and agree that any material or data downloaded or otherwise obtained through the website, including all services related work is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material, data or service. The website accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

This website is for your general information and use only. It is subject to change without notice. Your use of any information on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website.

RESTRICTED LIABILITY: In no event shall we be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit or damages arising from your use of Mindbraintms.com or its services.

To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The website also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

If, despite the limitation above, we are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then our liability will in no event exceed, in total, the sum of INR 5,000.

INDEMNIFICATION: You agree to indemnify, defend and hold us harmless as well as our affiliates, vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use, or any other action incurred by you as a result of using the website or the services/products offered therein.

PROHIBITED BEHAVIOUR: You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU PROVIDE.

INTELLECTUAL PROPERTY: The material on this site is protected by Indian and international copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this website without a license or other written permission obtained in advance from us. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, or copying of the content for commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.

Users acknowledges and agrees that the Organization’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organization or its affiliates, licensors, or suppliers.

Users acknowledges and agrees that the source and object code of certain Membership Services and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Organization and its affiliates, licensors, and suppliers.

Users expressly agrees not to do anything inconsistent with Organization’s ownership of all of the intellectual property discussed herein. Member further agrees that there are no rights, title, or interest in or to any Membership Services, except as stated in this Agreement. In addition, except as expressly set forth in this Agreement, Member is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organization or any third party.

For any Membership Services which enable Member to use any software, content, equipment or other physical or non physical materials owned or licensed by

Organization, Organization grants Member a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Membership Services, and any related software, content, equipment or other materials FOR PERSONAL, NON-COMMERCIAL USE ONLY.

COMMUNICATIONS: By using this website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, SMS, WhatsApp or any other means of communication from us, at any time, on the telephone number / contact information that has been provided by you even if the contact number you have entered is on DND (Do not Disturb), for the use of this website or our services. We may send inquiry confirmation / intimation, booking confirmation, cancellation, payment confirmation, schedule change or any such other information relevant for the transaction, via SMS, WhatsApp or by voice call or any other means of communication on the contact number given by you at the time of registration / reservation. We may also contact you to clarify your inquiry, seek additional details pertaining to it, etc. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. You hereby unconditionally consent that such communications is authorised and upon your request and is not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI).

You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.

ELECTRONICALLY EXECUTED AGREEMENT: In terms of Information Technology Act, 2000, this document is an electronic record, being generated by a computer system and it does not require any physical signatures. By accessing this website, you accept, without limitation or qualification, all the terms stated herein applicable to the website, as amended from time to time. It is important that you review these Terms regularly to ensure you are updated as to any changes made. If you do not accept these Terms, you must discontinue use immediately. Notwithstanding anything else to the contrary, it is hereby specified that any specific terms agreed by you shall bind you in addition to the terms set forth herein. If for any reason, any other terms agreed by you are in contradiction with the terms herein, the specific terms shall prevail.

JURISDICTION: Transactions between you and us shall be governed by and construed in accordance with the laws of India and Courts at Delhi alone shall have exclusive jurisdiction to try all such disputes/litigation arising out of usage of this website or this agreement or any transaction between ,you and us or any action at law arising out of or relating to these agreement or transaction.