Terms Of Use

Introduction

Bandita’s Healing Space is an online (e-mental Health Service) platform that offers emotional wellness coaching, online counseling, therapy, and mental health well-being services to individuals, groups as well and organizations.

Applicability

By choosing to visit our website and accessing the resources, services, registering, purchasing information, resources, products, apps, and online tools that are provided on the Platform, directly or indirectly, the individual, organization, his/her/their representative or affiliates “You” to agree to use any of these only for the purposes intended as permitted by the terms of this Terms of Use, and applicable laws and rules laid by the government and related authorities; and generally accepted online practices and procedures. In the case of an individual, you confirm that you are above 18 years of age and are not otherwise incompetent to contract under the Indian Contract Act, of 1872 and are legally allowed to take decisions of their own.

Either as an unregistered user or as a registered user and/or accessing and/or using the Services, the website hosted on the Internet as “Bandita’s Healing Space”, or any portion of the Services or the Website, you agree to be bound by these Terms of Use, any policies referred herein and all applicable laws and regulations governing the Services. If you do not agree with these Terms of Use, you are not authorized to access our website or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the Website or particular transactions are also posted in particular areas of the Website and, together with these general Terms of Use, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Website.

We reserve the right to add, modify, or remove sections from the Terms of Use at any point in time during the course of the agreement with no prior notice. Continuing to use the “Bandita’s Healing Space” platform, and purchase any Service, resource, or product, forms an obligatory legal agreement between the User and the institution. Liability to review the Terms of Use from time to time lies with the User. Continuation of the use of the Website or Services after review of the Terms of Use will be deemed to be an acceptance of the revised terms. The Terms of Use supersede any previous oral or written terms and conditions that may have been communicated to you.

Disclaimer

Bandita’s Healing Space does not deal with medical or psychological emergencies. We are not designed to offer support in crises – 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 others, we urge you to seek help at the nearest hospital or emergency room where you can connect with a psychiatrist, social worker, counselor or therapist in person. The same applies in case of any medical or psychological health emergency. We recommend you involve a close family member or a friend who can offer support. You agree and acknowledge that our institution shall have no liability in the event of a medical or psychological event or complication and you should seek help at the nearest hospital or emergency room. 

 

In the Terms of Use, you agree and understand that:

  1. Attempting to copy, decompile, reverse engineer, or disassemble, reproduce, sell resell, or trade, duplication of our resources is strictly prohibited, and doing so may lead to legal action as well.
  2. To avail of our services, you may have to provide some information about yourself, such as email, identification, contact details, etc. as part of the registration process or payment process, or as part of your ability to use certain resources and services. By reading these Terms of Use, you agree that any information you provide is correct, and you are responsible for any false information (this applies to payment methods as well).
  3. You agree that you are an authorized person to use Credit/Debit Card, Net banking, Cash Card, UPI, account, etc. that you use to pay at Bandita’s Healing Space for any purpose whatsoever. If not, you will be liable for any legal action that concerned authorities may think appropriate.
  4. You are liable for maintaining the confidentiality of any login information associated with any account you use to access our services or resources, and thus you are also responsible for all activities that occur under your account/s.
  5. Your use of the Services is solely for your personal and non-commercial use. Any use of Services, resources, and/or content other than for personal purposes is prohibited.
  1. You agree that you shall pay all applicable fees on time. In case of late payment, we reserve the right to levy a charge/interest on the outstanding amount.
  1. Accessing or trying to access any of our services or information or tools or resources by any means other than through the means provided on our website, is strictly prohibited. You specifically agree not to access or try to access any of our services or information or tools or resources through any automated, unethical, or unconventional means.
  2. Engaging in any activity that disrupts or interferes (including hacking) with our Services or resources, including the servers and/or networks to which our Services, resources, databases, information, payments are located or connected, is strictly prohibited; and doing so will lead to strict legal action against you.
  3. You will be solely responsible for any consequences, losses, or damages that  may directly or indirectly incur or suffers due to any illegal or unauthorized activities conducted by you or person engaged by you, as explained above, and will incur criminal or civil legal liability according to law.
  4. Bandita’s Healing Space may provide for various open social media and communication platforms, services and tools on our Website or other social media networking websites, including but not limited to blog posts/comments, open chat, forums, messaging, newsgroups, services ratings and reviews, critiques etc. You understand that if you choose to use any such platform, service or tools to write/submit any type of content, then it is your personal responsibility to use these tools in a responsible and ethical manner, and you understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means we are not responsible for any other person’s activity and action. By posting information or otherwise using any open communication services as stated above, you agree that you will not upload, post, share, or otherwise distribute any content that:
    • infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    • is illegal, threatening, defamatory, violent, abusive, harassing, degrading, intimidating, fraudulent,
    • deceptive, invasive, racist, or contains any type of suggestive, inappropriate, sexist, religiously insensitive or disrespecting, religiously intolerant or hurting, or explicit language;
    • impersonate any person or entity, including employees or representatives; and
    • contains no unauthorized or unsolicited advertising; or pornographic material.
  5. By accessing links to other sites, you acknowledge that our website is not responsible for those sites. Bandita’s Healing Space reserves the right to disable links from third-party sites to the Platform, although the website is under no obligation to do so.
  6. You agree and assure to not hold responsible the website and its affiliates, and their directors, officer bearers, managers, employees, investors, donors, agents, and licensors, for and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Terms of Use or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Use. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Warranties

  1. By using our website, you understand and agree that all Services and/or resources and/or information we provide are “as is” and “as available”. You agree to use it at your discretion. This means that we do not represent or warrant to you that:
    • No warranty, guarantee, or conditions of any kind is created or offered on information advice, or suggestion, whether expressed and/or implied, in oral and/or in written via any communication medium, obtained by you from the website or through any Services and/or resources and/or information that our website provides, except for those expressly outlined in this Terms of Use.
    • The content that you or others download or otherwise obtain through the use of our Services and/or resources and/or information is done at your discretion and risk, and you are solely responsible for any damage to your computer or other devices for any loss of data or information that may result from the download of such content.
    • The use of our Services and/or resources and/or information will meet your needs or requirements. The information obtained by using our Services and/or resources and/or information will be accurate or unfailing.
    • The use of our Services and/or resources and/or information will be uninterrupted, timely, secure, or free from errors.
    • Any complaints, problems, or defects in the operations or functionality of any Services and/or resources and/or information that we provide will be repaired or corrected.

Bandita’s Healing Space and its licensors and affiliates expressly disclaim all warranties of any

kind, express, implied, or statutory, relating to the Services and content.

Privacy and Confidentiality

The privacy of our visitors, users, subscribers, and members is of utmost importance to us, and we treat it with anonymity and confidentiality. Bandita’s Healing Space maintains the confidentiality of the information disclosed during personal consultation. Any information shared in the session is confidential and not shared with anyone, including your organization, with certain exceptions where confidentiality may be breached. The case where confidentiality will be breached is if:

  • If the authority perceives there to be a serious and/or significant and/or imminent risk of harm to the health or safety of a person or the public or self.
  • disclosure is required by law.
  • you file a private healthcare claim and the insurer requires information.

Except for the reasons outlined above, the Personal Information shared during the session will only be shared with others after permission has been granted by you orally or by way of email/letter. All staff members of Bandita’s Healing Space including all professionals, employees, contracted professionals, or trainees, are required to follow this confidentiality policy.

The User agrees to indemnify of the services for any breach in confidentiality of the User’s Personal Information. If the User accesses information through a third-party platform the User indemnifies against any data breaches that occur due to any acts of commission or omission from the third-party platform.

We employ administrative and technical measures designed to safeguard and protect information under our control from unauthorized access, use, and disclosure. When we collect, maintain, access, use, or disclose your personal information, we will do so using systems and processes consistent with industry standards in information privacy and security. None of the call or video sessions are recorded. In keeping with professional standards, we might be required to maintain records of both online and offline sessions.

Despite the security measures undertaken by us, we strongly discourage you from posting your personal information in forums, comments, or any other publicly accessible places on our platform. Our institution shall not be held responsible for the use or misuse of any information about or shared by the User concerning its Services. The User will not hold our institution liable for any issue related to data storage and/or security.

It is your responsibility to ensure the privacy and security of your email account and phone messages so they cannot be accessed by third parties. Bandita’s Healing Space will use one or both of these channels to communicate with you regarding a range of information related to your psychological wellness. We shall not be liable for any breach of confidentiality, should your email or text messages be accessed by a third party, with or without your consent.

Limitation of Liability

In conjunction with the Limitation of Warranties, as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid as fees during the past year, if any, for the use of products and/or Services and/or Resources and/or information. Bandita’s Healing Space or any of its directors, employees, and representatives will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary, or consequential loss or damages that may be incurred by you or any other user as a result of using our Services and/or resources and/or information, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent, and that in such conditions limitation of liability laws and clause apply.

Bandita’s Healing Space does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint, or position on any topic. No warranty, guarantee, or conditions of any kind are created or offered on information or advice or suggestion, whether expressed and/ or implied, in oral and/ or written via any communication medium, obtained by you from our platform or through any Service and/ or resource and/ or information that our website provides, except for those expressly outlined in this Terms of Use.

The Services, including content, on the website, are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. We are not responsible if information made available on the website and third-party platforms is not accurate, complete, or current and any reliance on the Services, including content, on the website and third-party platforms is at your own risk.

You hereby indemnify, defend, and hold the website, the distributors, agents, representatives, and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, and representatives, harmless from and against any losses, damages, liabilities, and costs arising from your use of the Platform. You agree to indemnify Bandita’s Healing Space for any breach in confidentiality. If you access our website through a third-party platform, you indemnify against any data breaches that occur due to any acts of commission or omission from the third-party platform.

Copyrights/Trademarks

All content and materials available on our website, including but not limited to business model and logic, website name/s, codes, programming codes, software/s, tools, online tools, web or mobile applications, designs, text, graphics, images, and logos are the intellectual property of Bandita’s Healing Space, (unless purchased or obtain through legal means from any third party) and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site for profit or non-profit purposes is strictly prohibited unless particularly allowed and approved by the founder (Bandita Rath Sharma).

Third-party content appearing on the Platform is the property of their respective owners and does not assert any rights about the same. Such third-party content is used by our website is subject to the fair use provisions of Indian copyright law and applicable provisions in other jurisdictions.

Termination of Use

You agree that we may, at our sole discretion, permanently or temporarily suspend or terminate your access to all or parts of our website and/or Services and/or resources and/or information available on our website with or without notice and for any reason, including, without limitation, breach of this Terms of Use, and/or any suspected illegal and/or fraudulent and/or abusive and/or competitive activity may be grounds for terminating your relationship/services/access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use/access to information and/or Services and/or resources and/or information available on provides will immediately cease, and Bandita’s Healing Space reserves the right to remove or delete any information that you may have on file with us, including any account or login information. Any payment receivable should be paid by the User in full within 30 days from the termination.

At any point during the term of the Terms of Use, the User shall be entitled to terminate the Terms of Use provided all outstanding payments are settled, if applicable. Upon termination, 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 organization to request the same, in case they are accessing our website offerings through a third party or organization. In case the user has registered on our Platform directly, they can write to Bandita Rath Sharma at banditashealingspace@gmail.com. Our institution 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.

Governing Law

Bandita’s Healing Space is owned and controlled by Bandita Rath Sharma. It can be accessed by most countries around the world. By accessing our website or obtaining and/or purchasing any service/s, resource/s, tools, software/s, web/mobile application/s, or information you agree that the statutes and laws of India without regard to the conflict of laws, will apply to all matters relating to the use of this Website and the purchase of any products or services through this site.

You also agree that any action to enforce these Terms of Use shall be brought in the jurisdiction of courts in Hyderabad, India. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Severability

If any provision of this Terms of Use 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 Use; such determination shall not affect the validity and enforceability of any other remaining provisions.

Grievance Redressal

In case you are dissatisfied with any aspect of our Services or have any other issues concerning sessions/payments/timings, you may contact +91 81212 87693 or at banditashealingspace@gmail.com. We will make all the efforts to provide you with a time-bound solution.

Disclaimer of Warranties

BANDITA’S HEALING SPACE EXPLICITLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED AND/OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND UNLESS OTHERWISE EXPRESSED.

You agree to be contacted on the mobile/telephone number/email or any other way of communication provided by you to us through our live chat, email, registration, outdoor marketing location, contact form, customer support or any other mode. You agree that our calls made to you are acceptable to you even if your number is registered in DND/DNC List.