Terms of Use

These Terms of Use ("Terms") govern your access to and use of the services ("Services") provided by Numa Mindcare LLP ("Numa," "we," "us," or "our") via our website ("Site"), WhatsApp, Google Meet, or other platforms (collectively, the "Platform"). By using our Site and/or the Platform for availing our Services, you agree to be bound by these Terms in full. If you disagree with these Terms in part or in full, you must not use our Site and/or the Platform for availing our Services.

Your use of our Site and/or availing of our Services signifies that you have read, understood, and agreed to be bound by these Terms, and our Privacy Policy

1. Eligibility

You represent and warrant that you are (i) at least 18 (eighteen) years old (minors must be represented by a guardian at least 18 years of age), (ii) capable of forming legally binding agreements, and (iii) otherwise not barred by applicable law to avail our Services. By using the Site and/or the Platform for availing our Services, you confirm that you meet these eligibility criteria.

2. Use of the Platform

  • You agree to use the Site and/or the Platform for availing our Services only for lawful purposes.
  • You must not attempt to reverse engineer, modify, or misuse the Site, the Platform or any content found therein.
  • You must not transmit viruses, malware, or conduct systemic or automated data collection (such as data mining, extraction etc.,) without our written consent.

3. Telehealth & Diagnostic Services

  • Numa facilitates access to registered mental health professionals for consultations via WhatsApp, Google Meet, Zoho Meet, other secure video conferencing services or in-person services.
  • All personal and medical information shared by you is collected solely for the purpose of delivering healthcare services and in accordance with applicable laws.
  • Numa does not provide medical advice or clinical care directly. All healthcare services are provided solely by the registered practitioners.

4. Booking, Payment, Cancellation, and Refund

  • Users may schedule appointments through the Platform or via contacting Numa via officially displayed contact information only. All payments are to be made through the designated payment methods.
  • Numa is not liable for third-party payment gateway failures, though reasonable assistance will be provided in the event issues arise.
  • Cancellations or rescheduling must be made at least 424 hours prior to the scheduled appointment unless otherwise agreed. Refunds, if applicable, shall be governed by our Refund Policy.

5. Privacy and Data Protection

  • Your use of the Site / Platform constitutes your consent to the collection, storage, and use of your personal information in accordance with our Privacy Policy.
  • Telehealth consultations may be conducted via third-party platforms such as WhatsApp, Zoho Meet, or Google Meet or other secure video conferencing platforms. While these platforms employ encryption, Numa cannot guarantee absolute security and disclaims liability for unauthorized access outside of its control.
  • You acknowledge and agree that your personal and medical information may be shared with the healthcare professionals providing services to you.

6. Intellectual Property

  • All content available on the Site / Platform, including but not limited to text, graphics, images, software, and audiovisual materials, is protected under copyright, trademark, and other proprietary rights.
  • Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes only.
  • Any unauthorized use, reproduction, modification, distribution, or exploitation of the Site's content is strictly prohibited.

7. Exclusion of Warranties

Site / Platform Provided "As Is"

The Site / Platform and all content, services, and information provided therein are made available "as is" and "as available". Numa expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose;
  • Warranties of accuracy, completeness, reliability, or timeliness of content or services;
  • Warranties that the Site/Platform will be error-free, uninterrupted, secure, or free of viruses or other harmful components;
  • Warranties arising from course of performance, course of dealing, or trade usage.

No Professional Advice Warranty

Numa does not provide medical advice or healthcare services directly. All healthcare services are provided solely by registered mental health professionals, who are responsible for the accuracy and quality of their services. Use of the Site/ Platform does not create a doctor-patient relationship with Numa.

Third-Party Platform Disclaimer

Telehealth sessions may be conducted via third-party platforms such as WhatsApp, Zoho Meet, Google Meet or other secure video conferencing platformsWhatsApp or Google Meet. Numa does not warrant the security, availability, or reliability of such platforms and disclaims all liability for any interruptions, technical failures, or unauthorized access beyond our control.

No Guarantee of Outcomes

Numa makes no representations or warranties regarding the outcomes, results, or effectiveness of any Service provided via the Site / Platform. Any reliance on services or information is solely at the user's risk.

8. Limitation of Liability

Maximum Liability

To the maximum extent permitted under applicable law, in no event shall Numa, its affiliates, directors, officers, employees, agents, or licensors (collectively, "Indemnified Parties") be liable to you or any third party for any damages arising out of or in connection with:

  • Your use or inability to use the Site/Platform;
  • Reliance on any content, advice, or services provided via the Site/Platform;
  • Telehealth consultations, WhatsApp, Zoho Meet, Google Meet or other secure video conferencing platformsincluding via WhatsApp or Google Meet; or
  • Any third-party websites, apps, or platforms linked to or used in connection with the Site/Platform.

Types of Damages Excluded

The Indemnified Parties shall not be liable for any:

  • Direct, indirect, incidental, consequential, special, punitive, or exemplary damages;
  • Loss of profits, revenue, business, anticipated savings, or goodwill;
  • Loss of data or content;
  • Emotional distress or psychological harm; or
  • Any other loss or damage arising from or in connection with the Site/Platform or Services.

Aggregate Liability Cap

The total aggregate liability of Numa to you for any claim arising out of or relating to the Site/Services or these Terms shall not exceed the total amount you have paid to Numa for the specific Service giving rise to the claim during the six (6) months preceding the claim.

Telehealth-Specific Limitation

You acknowledge that Numa does not provide medical advice directly; all consultations are provided by registered mental health professionals. Numa is not responsible for any clinical outcomes or decisions made by such professionals. Telehealth sessions conducted via third-party platforms (WhatsApp, Google Meet, Zoho Meet) are subject to the security and reliability limitations of those platforms, and Numa Mindcare disclaims liability for any interruptions, unauthorized access, or technical failures outside our control.

Exceptions

Nothing in this clause shall limit or exclude liability for:

  • Death or personal injury caused by Numa's negligence;
  • Fraudulent misrepresentation; or
  • Any other liability that cannot be excluded by law.

Acknowledgment

By using the Site/Platform, you acknowledge that you have read, understood, and agreed that the limitations of liability in this clause are reasonable in light of the nature of the services provided, and form an essential basis of the bargain between you and Numa.

9. Consent for Telehealth and Recordings

  • All telehealth consultations require informed consent, which may be obtained electronically.
  • Recording of sessions by either party is prohibited without explicit prior consent, and any such consent must specify purpose, storage, access, and retention period.

10. Acceptable Use

  • You agree to use the Site/Platform solely for lawful purposes and in accordance with these Terms.
  • You shall not use the Site/Platform in any manner that violates applicable laws, regulations, or professional standards.
  • Without limiting the foregoing, you shall not:
    1. Engage in any conduct that is fraudulent, deceptive, or misleading;
    2. Transmit, distribute, or store any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
    3. Transmit viruses, malware, spyware, ransomware, or any other harmful code;
    4. Attempt to gain unauthorized access to any part of the Site/Platform, other users' accounts, or Numa's systems;
    5. Interfere with, disrupt, or attempt to circumvent any security measures of the Site/Platform;
    6. Use the Site/Platform to harass, threaten, or intimidate any individual or group;
    7. Engage in commercial use or solicitation without explicit prior consent from Numa;
    8. Collect, harvest, or store any personal information of other users without their consent;
    9. Reproduce, duplicate, copy, sell, or exploit any content or services on the Site/Platform for unauthorized purposes.
  • Users are responsible for all communications and content they transmit through the Site/Platform, including via telehealth consultations on WhatsApp, Google Meet, or in-person.
  • Users must respect the confidentiality, privacy, and professional boundaries inherent in tele-mental health services.
  • Numa reserves the right, but is not obligated, to monitor activity on the Platform to ensure compliance with these Terms.
  • Numa may report illegal activities to law enforcement authorities where required.

11. Indemnification

  • You agree to indemnify, defend, and hold harmless Numa Mindcare LLP, its affiliates, subsidiaries, officers, directors, employees, agents, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
    1. Your use or misuse of the Site/Platform, including telehealth consultations via WhatsApp, Google Meet, Zoho Meet or in-person;
    2. Your violation of these Terms or any applicable law, rule, or regulation;
    3. Your breach of any representations, warranties, or obligations under these Terms;
    4. Any communications, content, or information you submit or transmit through the Site/Platform;
    5. Any dispute, claim, or interaction between you and a healthcare professional providing Services via the Platform;
    6. Any third-party claims arising from your conduct, including infringement of intellectual property, privacy violations, or misuse of confidential information.
  • You agree that Numa shall have the right, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification.
  • You shall cooperate fully with Numa in the defense of any claim, at your expense, and shall not settle any claim without Numa's prior written consent.
  • The obligations under this clause shall survive the termination or expiration of your use of the Site/Platform/Services and/or these Terms.
  • The indemnity provided herein is in addition to, and not a limitation of, any other rights or remedies available to Numa under law or equity.

12. Termination

Numa may terminate or suspend your access to the Services at any time, without notice, for any violation of these Terms.

13. Changes to Terms

Numa may revise these Terms from time to time. The updated version will be posted on our website. Continued use of the Site/Platform constitutes your acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

  • These Terms are governed by the laws of India.
  • All disputes shall first be attempted to be resolved amicably. Unresolved disputes shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, and the venue shall be Bengaluru, India.

15. Severability

If a provision of these Terms is determined by any competent authority to be unlawful, invalid, and/or unenforceable, the other provisions will continue in effect. If any unlawful, invalid, and/or unenforceable provision would be lawful, valid or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Contact Us

For questions, requests, or concerns regarding these Terms, please contact us:

Numa Mindcare LLP

Email: numa.numamindcare@gmail.com

Phone: +91 7204523303

Address: KOKARYA, Business Synergy Center, No. 51, OLD SITE No. 1, FIFTH FLOOR, 5th Main, 5th BLOCK, JAYANAGAR, BENGALURU-560041