Terms and Conditions

OVERVIEW

Please read these terms and conditions carefully as set by MindShaper. These terms and conditions are strictly followed by MindShaper authority and applicable to all different types of communication media, including the website, application, Facebook, and so on. By accessing this platform and/or using any material or information provided as part of the platform/services of MindShaper and/or using the online platform/services, you agree to be bound by the following terms and conditions. If you do not accept any of these terms and conditions, you must immediately discontinue your access to this platform and/or use of the online platform/services.

This platform does not serve any emergency purpose. Therefore, please call 999 to get any kind of emergency services. By “Emergency Conditions”, we refer to suicidal attempts, including cutting nerves, taking poison, bleeding out or any kind of serious self-caused injuries, nervous breakdown, excessive damage caused by extreme mental conditions, and so on”. We do not provide any medical emergencies such as hospitalization and other.

Please be aware that when you see the words like “We”, “Our”, “Us” and likewise, it will directly refer to MindShaper Team, the company, authorized agents, or its employees that are performing on behalf of the company. Similarly, the usage goes for the client’s/service holders (both individuals and corporate organizations), while mentioning the term as “You”, “Your”, “User” and likewise.

If any organization wants to use different communication links of MindShaper, including the platform on their sites, the concerned organization shall sign on a contract or on a memorandum of understanding with MindShaper and have to follow the terms and conditions and privacy policy of MindShaper.

MindShaper reserves the rights to change the Terms and Conditions when and where required and upload on the platform, accordingly, which will be applicable with immediate efficacy and all the concerned organizations will be obligated to follow such modifications. The comments and suggestions of different personnel and organizations shall be checked from time to time, on a random basis and necessary actions shall be taken, accordingly.

You shall provide your attention on the following:

1. WEBSITE CONTENTS

The educational, illustrations, research sources, other incidental materials, the contents on the website/platform shall not be considered as medical advice. You shall seek formal advice from a trained health care provider by following the proper procedure on diagnosis and treatment issues, as well as information regarding the required drugs and medicines along with how to proceed with your mental state.

2. DATA ON WEBSITE / MOBILE APPLICATION

• The data on the Website/ Mobile Application is collected by us from mental healthcare professionals and organizations and it is used to create a database of information that is accessible to the Users in case of a medical emergency.
• Please note that the Website, the Mobile Application or the information contained therein are generic in nature and are not intended to substitute professional medical assistance/advice or professional emergency response. The Users of the Website and/or the Mobile Application agree that they shall not replace the information contained in the Website and/or the Mobile Application with professional advice/services from mental health/emergency care providers.
• The Users of the Website and/or the Mobile Application are solely responsible for their reliance on the Website/Mobile Application and the information, advice or MindShaper Services contained therein.

3. ACCOUNT HOLDER

1. Individual Account Holder:

First, you must create an individual User Account on our platform in a preset format by providing some basic information on it to access the services. You shall be allowed to open only one User Account against your name with basic information or an account for someone else other than you with his/her basic information with due permission from the concerned person. In exchange of our service, you shall agree upon:

1. Provide authentic, accurate, current, and complete information about yourself as prompted by our Account enrollment form (understanding that you can use an anonymous user name or nickname after providing certain personal and emergency Contact Information)
2. Maintain and promptly update such Account information whenever you log in to your account to keep it valid, correct, current, and fully functional. MindShaper reserves the right to transition or terminate your treatment, if you provide any information that is false, inaccurate, not current, or incomplete, or MindShaper has identified any such grounds to believe that such Account information is untrue, inaccurate, not current, or incomplete.
3. You are solely responsible for keeping your Account password and username (if applicable) as well as any other security details relevant to your Account. MindShaper is not responsible for any damages you may experience as a result of someone else accessing and using your Account, whether with or without your knowledge.
4. You must be 18 years of age to express your own choices and comments, otherwise (if you as the account holder, who’s age is less than 18 years), you must have a legal guardian (an adult) in terms of deciding your choices or make the comments of treatment when required and for any other necessary involvement in accessing our services.

2. Corporate Account Holder:

Being a corporate organization, you must create a User Account with the name of your organization. Your company will have access to the non-identical information of your employees and can include or exclude employee enrollment of our service. Identical and confidential data will not be revealed to the corporate authority without that particular individual’s consent or any arousal of legal circumstances.

1. Provide authentic, accurate, current, and complete information about your company as prompted by our Account enrollment form (The authenticity of your company details will be verified).
2. Maintain and promptly update such Account information of your company whenever you log in to your account to keep it valid, correct, current, and fully functional. MindShaper reserves the right to transition or terminate of your purchased program (e.g. Individual sessions for employees, training, workshop and/or any other service), if you provide any information that is false, inaccurate, not current, or incomplete, or MindShaper has identified any such ground to believe that such Account information is untrue, inaccurate, not current, or incomplete.
3. You are solely responsible for keeping safe your Company Account password and username (if applicable) as well as any other security details relevant to your Company Account. MindShaper is not responsible for any damages you may experience as a result of someone else accessing and using your Account, whether with or without your knowledge.
4. Your company must meet all the requirements to access our service programs. Each of the employees enrolled under our program must be the running employees of your company. It will be your firm responsibility to update employee status as required.
5. We shall be providing you with Software as a Service (SAAS) based application access where you will be able to access data and resources (except confidentiality information), so that you will be able to see and analyze the results.

4. PARTIES TO THE USER AGREEMENT

1. The registration and membership of the Platform (Website and/or Mobile Application) is open to various users including mental patients, mental healthcare professionals, organizations, and other parties in the healthcare field. For the purposes of these Terms and Conditions, the term ‘User’ or “you” or “your” shall mean any person who is not a mental health care professional, organization or an emergency service provider, but shall include First Responders, individuals and organizations who use, accesses or registers with the Website and/or the Mobile Application for his/her personal use; or an individual who uses, accesses or registers with the Website and/or the Mobile Application on behalf of any other individual with their consent for their personal use; or an individual who uses, accesses or registers with the Website and/or the Mobile Application on behalf of any entity. For terms and conditions applicable to mental health care professionals, health care organizations or an emergency service provider please see privacy-policy.
2. This User Agreement (as defined below) is between MindShaper and the User.
3. Every User hereby agrees that by accessing, registering on or using the Website and/or the Mobile Application, or other information contained therein, he/she is entering into a legally binding agreement with MindShaper based on the Terms and Conditions mentioned in this document and those contained in MindShaper privacy policy, as updated from time to time (“Privacy Policy”), which is hereby incorporated by reference (hereinafter collectively referred to as the “User Agreement”).

5. LEGITIMACY

You agree not to use the services from MindShaper in an illegal manner or for any illegitimate reason or in any way that is in violation of these terms and conditions. You are not allowed to:

1. Publish, use, store, or distribute a message or information under a false or unauthorized name.
2. Use information that is unlawful, libelous, defamatory, obscene, fraudulent, and predatory of minors, harassing, intimidating, or hateful to any person.
3. Use material that infringes on or violates the intellectual property rights of others, as well as their privacy and publicity rights.
4. Take any such attempt that interrupts the service activity in any way, including by using viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming.
5. Use the service in any way that may cause damage, disability, or impairment.
6. Use the hacking system, password mining, or any other method to obtain unauthorized access to any user accounts, operating systems, or networks.
7. Access the service through any robot, scraper, or other automated means.
8. Ask any question to MindShaper or its associates to respond against any messages posted by you. On the other side, the information or content you post on the service is solely your responsibility.

6. PAYMENT

For conducting any sessions through written chatting, cellular device, audio, and/or video-based counseling/ therapy, courses, training, mediation or other mental health related contents/application/software (anything marketable), MindShaper shall charge a retainable fee. We will inform the users about the fees before providing any services and provide the services after receiving the consent from the users.

A user is also bound by the terms listed below for any transaction issues:

1. The user, either being an individual or an organization can carry out the payment through Mobile based financial transaction, Digital payment (e.g. Bkash, Rocket, Nagad, UPay, and other existing reliable financial services) Cash Payment, Bank Cheques, Debit/Credit Cards, Internet banking/Account transfer, or any legal payment method authorized by the government of Bangladesh. However, considering the issue of mobility and convenience, MindShaper prefers to make the petty transactions via digital payment system. You are bound to follow a certain payment method, if fixed by the authority, although exceptions may occur.
2. If you are an international service holder, you can choose to pay by money transfer, Credit card system or any legal payment system approved by the state rules and regulations.
3. You must make the payment before conducting the formal session (preferably by digital payment such as Bkash, Rocket, Nagad, UPay and others existing reliable services). Your appointment shall be confirmed within 2 days/48 hours (at least) right after clearing the payment from the customer care service department/section.
4. Only after the clearance of your payment, you will get the details of your session link access or details. Please note that if your session gets cancelled for any unavoidable circumstances, we will try to rebound you with another suitable Counselor/ Expert, if caused by any counselor issue or compensate you according to the Refund Policy of MindShaper.
5. In terms of corporate organization service programs, the payment process will be conducted and determined based on the SAAS model. MindShaper has the authority to modify/upgrade the procedure at any time as it sees appropriate.

Please take note of the relevant Refund Policy of MindShaper as mentioned below:

1. If a session gets cancelled because of our Counselor/Expert’s incapability to attend, you will get a 100% refund of your session payment amount.
2. If a session cancellation occurs due to your inability to attend the session because of any emergency case or reason, you will get 80% refund from your paid amount. Please note that, the emergency case or any emergency reason is referred to as accidents, sudden injury or death of any close one and likewise. Any exception to such a case will not be considered as an emergency condition and thereby a refund will not be applicable here.
3. If you have paid for the session and we have already allocated the therapist; and you decide not to take the therapy, you will not be given a refund. Please note that if you wish to cancel for any reason prior to attending the session, no refund will be given. If you are looking for any compensation option, you will need to take the session.
4. No partial or full refund will be given if you are disappointed with the services. In this case, the only option is for us to consider changing your assigned counselor/therapist/expert after thoroughly considering all of the valid points and reasons (applicable for any sessions).
5. If you want to cancel a session right after making a booking while already making the payment, you must inform our customer service team about the cancellation within 24 hours prior to the session’s day to get a 100% refund of your payment. On the other hand, if you can’t make the cancellation within 24 hours, please note that no refund will be considered. As a compensation measure, you will need to take the session either online or offline.
6. If you are taking sessions under any announced package programs, you will have to comply with the rules that are developed separately for each of the different types of package programs (Package details will be available at the Customer Service Section). Different packages will declare different refund policies. Please be noted that MindShaper authority has preserved the rights to bring change into the announced package programs, if required and, thereby, to the refund policy based on a particular package.
7. If you purchase a package program even after having your regular session (s/s’), you will be charged for the full package amount (applicable for all sorts of Package Deals). The Regular sessions will not be countable or the amount from the Package deals cannot be excluded based on your total numbers of purchased sessions.
8. You must be aware of the fact that; your purchased package deals (both online & offline) will be valid based on the following timeline:
• 3 sessions with Mild Case will be valid till 1 month from the date of your purchase.
• 5 sessions with Moderate Case will be valid till 2 months from the date of your purchase.
• 8 sessions or more with Severe or Extremely Severe Case will be valid till 3 months from the date of your purchase.
• Any Follow-up Sessions under any of the packages can be accessed till the duration of 3 months from the date of your purchase.
9. You must be aware of the fact that MindShaper authority has every right preserved to cancel our deals with you and can take any measure regarding the cancellation of the deals. Any sort of invalid claim against the company or the team will not be tolerable.
10. In terms of any corporate service programs, the refund policy might vary on the basis of SAAS based model access by the company. MindShaper has the authority to modify/upgrade the procedure at any time as it sees appropriate.

7. APPOINTMENT PROCEEDINGS

• The MindShaper team will contact the customers two times against any purchased services. If any customer does not respond within the next 7 days of the last contact, the service will be considered as consumed, and MindShaper will not make any refund payment.
• MindShaper can consult with their service providers/ Counselors if any technical problems arise before or during the session. The appointment will be rescheduled if the situation is found to be true.
• For any kind of rescheduling, the customers shall communicate with MindShaper at least 24 hours in advance.
• The Counselor/Therapist shall preserve the right to change any appointment time and slot, if required. For such a reason, no persuasion will be allowed and no complaint will be considered.
• Sessions are usually held once a week, and the Counselor/Therapist has the right to pick the time slot that is most convenient for the customer. The customers can ask for the quick or early appointments, but the counselor shall preserve the right in determining the day and time.
• It will be the responsibility of the customers to contact the Customer Service Team to schedule the customers’ next appointments. If the customers do not get any satisfactory response regarding the issue, they will be allowed to make complaints through email communication. However, the customers should know that the counselor or the customer service team will not be liable to communicate with the customer over the phone or texting to confirm the time and date of the session, rather the customer must collect such important information on their own.

8. SELECTION OF COUNSELORS

The customers shall have the opportunity of seeking an appointment from any particular Counselor of their choice. The Counselors, both part-time and full-time, are the direct employees of MindShaper. It’s a Mental Health Platform, which is developed by MindShaper where there is a list of the highly qualified and certified Psychologists/ Counselor/ Therapists/ Professionals that are working across the country and also outside the country. Basically, all the independent, registered, and experienced Psychologists / Counselor/ Therapists/ Professionals will get access to the MindShaper Platform. As a customer, you will be able to communicate and make an appointment with your desired Counselor through the MindShaper Platform. Unless speaking on behalf of the customer when following up on a specific complaint, MindShaper will not be involved in the Counselor & Patient relationship and interfere, validate, and/or monitor the Counselor’s care, but to work as a bridge between them.

MindShaper shall monitor the availability of the Counselors, response times, and the numbers of length/duration of therapeutic interactions on a regular basis to ensure the efficiency and effectiveness of the Network. The information that will be visible on the MindShaper site or platform regarding the Counselors, you, as a client, will never be able to ignore, disregard, or postpone seeking medical advice from those highly qualified professionals or trained healthcare professionals. MindShaper advocates for a holistic approach on mental health and creates opportunity and options for medical advice seekers. Therefore, as a customer, you must plan the most successful therapeutic journey for your unique needs from the MindShaper platform.

The counselors working with MindShaper are highly accountable for their commitment and ethical considerations. If any of the counselors ever may tend to provoke any clients of MindShaper to purchase services from their autonomous chambers/service systems, MindShaper has every right to take legal actions against that accountable counselor. A client must notify MindShaper authority about such an act/conduct/initiative suspected or noticed by his/her counselor. If any client fails to do so, MindShaper will not take responsibility if any unpleasant occurrence takes place with that particular client/individual/ corporate organization.

9. INTELLECTUAL PROPERTY

MindShaper and/or its licensors have preserved the rights of all of the materials available relating to the services, which are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. It is always presumed that as a customer you are agreeing not to retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any content or part of it to obtain the services to a third party. MindShaper and/or its licensors have preserved the rights of all proprietary software and accompanying documentation that are available for download from the service platform. All relevant copyright notices must be included on the information that will be taken from the platform.

10. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

You shall be known that you agree to keep us harmless from any and all causes of action and lawsuits of any kind arising out of the counselor services or the platform, including (without limitation) any act, omission, opinion, answer, advice, recommendation, information, and/or service rendered by any counselor and/or any other material or information accessible through the platform.

You shall be aware that you accept and understand that the platform is delivered "As it is," with no explicit or implied warranties of any kind, including, but not limited to merchantability, non- infringement, protection, fitness for a particular purpose, or accuracy. The platform is used at your own risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied. You shall also know that you recognize, accept, and acknowledge that MindShaper is not responsible for any indirect, incidental, consequential, extraordinary, punitive, or exemplary damages to you or any third party.

It is implied that you understand, agree, and acknowledge that our overall liability for losses arising out of this arrangement and any and all use of the platform will not exceed the total sum of money paid through the platform by you or on your behalf in the three months preceding the date of the lawsuit. If the restriction of liability set forth above is not permitted by applicable law, the limitation will be deemed amended only to the degree required to comply with applicable law.

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to MindShaper on the Website/Mobile Application or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain the property of MindShaper. Such disclosure, submission or offer of any Comments shall constitute an assignment to MindShaper of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.

We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. MindShaper is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to respond to any Comments. You agree that any Comments submitted by you to the Website/Mobile Application will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website/Mobile Application will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’.

MindShaper does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant MindShaper the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any comments you make and you agree to indemnify MindShaper and its affiliates for all claims, losses, expenses, litigation resulting from any Comments you submit. MindShaper and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

11. THIRD PARTY CONTENTS

MindShaper may show the materials, goods and services of others as offered or supported by the third parties, as well as links to the Third Party Content (including but not limited to the links of other websites or any other social media) and advertising related to the Third Party Content on the Platform. We will not be responsible for any harm or loss caused by any Third Party Content, including (but not limited to) any related goods, practices, words, or policies.

12. TERMINATION, MODIFICATION OR DISRUPTION

You sensibly understand, accept, agree, and acknowledge that we can alter, suspend, interrupt, or discontinue the Platform, any part of the Platform, or your use of the Platform at any time, with or without sending notice to you, whether to all clients or to you directly. You accept and understand that we are not responsible for any of the foregoing actions, or for any losses or damages arising from any of the foregoing actions.

The Platform is reliant on a number of factors, including our own software, hardware, and tools, as well as those owned and/or run by our contractors and suppliers. While we make commercially fair efforts to ensure the Platform's reliability and accessibility, you understand and accept that no platform can be completely reliable and accessible, and as a result, we cannot guarantee that access to the Platform will be uninterrupted, accurate, timely, or error-free at all times.

13. CUSTOMER’S PRIVACY

We put a high emphasis on preserving and safeguarding information that is provided by the customers on the MindShaper Platform. The Privacy Policy of MindShaper is available at our platform- privacy-policy , containing information about our protection and privacy policies.

You adhere to the terms of the privacy policy by agreeing to this agreement and/or using the site. This agreement includes and is considered to include the privacy policy. Changes and revisions to the privacy policy are subject to the same regulations that apply to changes and revisions to the agreement.

14. WEBSITE SECURITY

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation.

• Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;’
• Sending unsolicited email, including promotions and/or advertising of products or services; or
• Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website/Mobile Application or any activity being conducted on this Website/Mobile Application. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, BOT, avatars or intelligent agents) to navigate or search this Platform other than the search engine and search agents available from MindShaper on this Platform and other than generally available third party web browsers (e.g., Safari, Google Chrome, Firefox, Netscape Navigator, Microsoft Internet Explorer).

15. DISPUTES

Any unpleasant experience such as assault, sexual harassment or any other incident that causes disputes between counselor and his/her client must be reported/notified by the complainee to MindShaper authority. MindShaper authority will not take any responsibility for such disputes if not reported/notified in time. If justified, MindShaper will take proper measures or take it to the legal authorities of Bangladesh Government.

Rather than going to court, any issue or argument relating to the use of the MindShaper Service shall be resolved by binding confidential arbitration. These Terms are regulated by the acted law of Bangladesh.

Any dispute resolution proceedings shall be undertaken on an individual basis only, rather than in a class, consolidated, or representative action, as decided. If any lawsuit goes to court not to the arbitration for whatever cause, all MindShaper and you forfeit any right to a jury trial. It is also decided that you will not be able to file a lawsuit in court to prevent infringement or any misappropriation of intellectual property rights.

16. GOVERNING LAW

This Platform is created and controlled by MindShaper. The laws of Bangladesh govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws. This Agreement and the Privacy Policy shall be subject to the sole and exclusive jurisdiction of the courts situated at Dhaka, Bangladesh.

17. HELP AND ENQUIRIES

If you have any queries about this User Agreement or have any comments or complaints on or about the Website or the Mobile Application, please email us at info@mindshaper.xyz; we reserve the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

18. IMPORTANT NOTE ABOUT OUR AGREEMENT WITH YOU

The agreement includes the entirety of our agreement with you. Except as set forth in this agreement, you affirm that you have not relied on any assurances or representations made by us.

19. CONTACT INFORMATION

If you have any questions about this privacy policy, the practices of this Platform, or your dealings with this Platform, please contact us:

Registered Address: 50 Lake Circus, Kalabagan, Dhaka, Bangladesh
Contact Number: +880 1788 888 911
Email : hello@mindshaper.xyz