1. About Mimblu
This website, mobile application, proprietary platform and any service offered under the name “Mimblu” (collectively referred to as “Platform”) is operated by Mimblu Tech Private Limited (a private limited company incorporated under the laws of India with corporate identity number U72900MH2021PTC353795) and its related entities or body corporates (hereinafter referred to as “Mimblu”, “us”, “we” or “our”).
1.2 What does the Platform offer?
The Platform is essentially a tele-health platform that allows its registered users ("Customers") to search, view, book, and avail counselling services (“Counselling Services”) from the qualified, vetted and experienced counsellors and therapists listed on the Platform (“Counsellors”).
The Counsellors and the Customers can communicate and transact directly through the Platform and Mimblu will only act as an intermediary between the Customers and the Counsellors. The Customers and Counsellors are collectively referred to “Users” and individually as a “User”, “you” or “your”.
1.3 Our Services
The services provided as above by Mimblu by way of making the Platform available to its Users are hereinafter collectively referred to the "Services". We reserve the right to modify or discontinue, temporarily or permanently, our Services and/or Platform (or any part thereof) with or without notice.
1.4 User Limitations of the Platform
The Platform has not been designed to provide clinical diagnosis requiring an in-person evaluation of any psychological or physical disorders (including for official documentation or approvals purposes such as court ordered psychiatric counselling sessions) nor are the Counsellors permitted to prescribe or communicate any information regarding which drugs or medical treatment may be appropriate for you. If any such advice has been rendered to you through the Platform, you should disregard the same.
We sincerely hope that the Counselling Services help you in addressing your concerns. However, if your medical condition requires in-person care from your doctor or other qualified professional or you have been advised so on the Platform by the Counsellors, please do not delay, disregard or avoid seeking in-person assistance. Online counselling sessions may not be an appropriate solution for your needs and may not be a complete substitute for a face-to-face examination and/or care that may be imminent in a given situation.
IF YOU ARE HAVING SUICIDAL TENDENCIES OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS IN ANY MANNER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE GOVERNMENT EMERGENCY SERVICE NUMBER IN YOUR JURISDICTION AND NOTIFY THE RELEVANT AUTHORITIES. OUR PLATFORM IS NOT DESIGNED TO BE USED BY ANYONE FOR ANY OF THE AFOREMENTIONED CASES AND THE COUNSELLORS CANNOT PROVIDE THE ASSISTANCE REQUIRED TO YOU. IN SUCH CASES, YOU MUST SEEK IMMEDIATE IN PERSON ASSISTANCE.
The Counsellors are not our employees, agents or representatives and are independent service providers. The Platform’s role is limited to enabling the Counselling Services available to the Customers through the Platform while the Counselling Services themselves are the responsibility of the Counsellor who provides them. If you feel the Counselling Services provided by the Counsellor do not fit your needs or expectations, you may contact our Customer Care Service and we will help you in choosing a different Counsellor listed on the Platform.
Our endeavor is to identify, vet and list professionally qualified and experienced Counsellors on the Platform who can provide good quality Counselling Services to the Customers. While we make reasonable efforts to provide you with accurate content and information, we do not give any Warranties with respect to their qualifications, expertise, quality of work or any other Content provided on the Platform. Also, please note that the Counsellors chosen by the Customer may or may not be licensed professionals in the jurisdiction where the Customer is located. Therefore, the Customer agrees that any Counselling Services that it avails from any Counsellor it at its own choice and initiative.
2.2 Acceptance of Terms
By downloading, accessing or otherwise using the Platform and/or our Services, you confirm that you have read, understood and agreed to these Terms. If you do not agree to the Terms, you must not use the Platform. Counsellors are further governed by the Counsellor Agreement, as signed with them separately before listing them on the Platform.
We may amend or modify the Platform and/or the Terms at our sole discretion and at any time and may notify you of such changes by way of e-mail. Any amendments are effective immediately upon publication on the Platform. If you disagree with the revised Terms, you may exit from the Platform by deleting your account. Your continued use of the Platform indicates your continued acceptance of the Terms as modified. We encourage you to review these Terms periodically to stay informed about our current policies and practices.
2.4 Access and Use
Access to and use of this Platform is subject to you being at least 18 years old and having the legal capacity to enter into a binding contract. Accordingly, by using the Platform, you warrant the above to us. If the above condition is not satisfied, please cease using the Platform immediately.
2.5 Geographical Restrictions
The Platform is intended to be used only by Customers located in India & UAE (“Territory”). We make no claims that the Platform or any of its content will be accessible or appropriate outside of the Territory or any Counselling Services availed outside of the Territory will be compliant with applicable law. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the Territory, you do so on your own initiative and are responsible for compliance with local laws.
3. Mimblu Account and Registration
You will be required to register on the Platform to obtain or provide Counselling Services. You can do this via our website/mobile app using your phone number or your account with certain third-party social networking services such as Facebook or Google (each, an “SNS Account”)
3.2 Information for Registration
- When you register and activate your account, you may be required to provide us with personal information such as your name, email address, and other details. You must ensure that all this information is accurate and current.
- In case a Customer wishes to stay anonymous for other Users while using the Platform, he/she will be given the option to choose a ‘nick name’ which will then be used by us for display purposes on his/her profile.
- On registration, we may also ask for any other information which we may deem reasonably necessary to enable you to enjoy the benefits of the Platform. We may require you to provide evidence and documents confirming certain information.
- If you choose to register through an SNS Account, we will create your account by extracting certain personal information from your SNS Account such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
3.3 Account Credentials
While registering an account with us, you will create a username, a password and a personal identification number (PIN) to secure your account. You are responsible for keeping this username, password and PIN secure and are responsible for all use and activity carried out under this username. You must not share your account credentials with any third party. You agree to immediately notify us of any unauthorised use of your account, password, or any other breach of security.
We will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account or your failure to comply with this provision.
3.4 Additional Obligations of Counsellor
If you are a Counsellor, you may be required to furnish further details and information to us including details related to your professional qualifications, licences, work experience, recommendation from employers, services offerings etc. We will review the information furnished and thereafter communicate our decision on your application within a reasonable time. If you are approved and you enter into the Counsellor Agreement with us, you will be deemed to be a ‘Counsellor’ for the Platform. Any request for changes to a Counsellor’s profile must be submitted to us by the Counsellor and will be carried out by our representatives only after due verification.
3.5 Cancellation of Account
- If you are a Customer, you may choose to delete your account at any time. If you are a Counsellor, termination of your services will be governed by the Counsellor Agreement.
- You agree not to create an account or use the Platform if you have been previously removed or suspended by us from the Platform.
- You must not impersonate some other individual and in case you do so, your account may be suspended, and legal action may be taken against you.
- In case the Platform requires you to provide certain information and if you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform.
4. Your Privacy
4.1 Personal Information
4.2 Communication on the Platform
All communication between the Customer and Counsellor must be carried out exclusively using video chat, audio chats, and in app messaging services through the Platform. The Users are strictly prohibited from sharing their contact information and communicating outside of the Platform except in case of emergencies.
4.3 Customer’s Consent
The Customer hereby expressly consents and permits Mimblu and any parties acting on our behalf to access historical communications content with the Counsellor(s) in a reasonably de-identified form for the following purposes:
- To review your complaint about a particular issue/instance that your report about your Counsellor or about a particular language intention with your Counsellor;
- To address raised quality assurance concern(s) that may apply to an individual Counsellor, a state-wide compliance issue or a national network issue.
- To transition you to a new Counsellor or if your account is non responsive or inactive for an extended period of time; or
- For your safety concerns or complaints of unethical Counsellor practices;
All de-identified data and research data collected by Mimblu through your use of the Services remains the sole property of Mimblu. Mimblu may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non-identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. You shall not request that Mimblu remove or delete any such data.
- As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the Platform (“Notifications”). You may also receive calls to your designated phone number using an auto-dialer or a pre-recorded voice. By agreeing to these Terms, you expressly and specifically authorize Mimblu to call you or send Notifications as above.
- You may incur certain third party charges for receiving some of the Notification depending on the message plan you have with your wireless carrier.
- You have control over the Notification and call settings and can opt in or out of these communications through the Platform (with the possible exception of infrequent, important service announcements and administrative messages).
5. Your conduct
5.1 All interactions on the Platform must comply with the Terms. To the extent your conduct, in our sole discretion, restricts or inhibits any other User from using or enjoying any part of the Platform, we may limit or terminate your privileges and seek other remedies, including, without limitation, cancellation of your account.
5.2 Necessary Conduct
In using the Platform, you must:
- always act courteously and politely to us and to any other User;
- strictly comply with any policy displayed on the Platform; and
- obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform and your relationship with the Counsellors and us, and ensure you do not do anything which is likely to result in you or us breaching any law, regulation, rule, code or other legal obligation.
In using the Platform, you must not:
- access, copy, or otherwise use the Platform including our intellectual property and trademarks, except as authorised by these Terms or as otherwise authorised by us in writing;
- use the Services for any commercial, governmental or other purposes that are not expressly permitted by these Terms;
- advocate, encourage, or assist any third party in doing any of the foregoing.
- impersonate any person or entity or otherwise misrepresent yourself or your affiliation with any person or entity; or
- stalk, harass, bully or harm others;
- access the Platform by any means other than authorised herein;
- collect or retain any personally identifiable information contained in the Platform;
- reverse engineer or otherwise seek to obtain any source code forming part of the Platform;
- interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to "crawl", "spider" or engage in similar conduct in relation to the Platform;
- take any action that is likely to impose upon the Platform (or our servers, or the servers of our or third-party suppliers) a disproportionately large load;
- accept or make payments for the Counselling Services outside of the Platform;
- communicate with other Users (Customer or Counsellor, as applicable) outside the Platform, except in case of emergencies;
- register for more than one account or register for an account on behalf of an individual other than yourself or use an invalid or unauthorised credit card;
- offer to purchase under a false name, impersonate any user, or use another user’s password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on the Platform;
6. Our Role
6.1 Our role in Counselling Services
- We are an Intermediary: The Customer agrees and acknowledges the following:
- The Counselling Services are provided solely by the Counsellors via the Platform and we are not responsible for the execution of such Counselling Services. All liabilities arising from the Counselling Services shall be to the sole account of the concerned Counsellor;
- We do not choose or endorse any particular Counsellor. Based on the information provided by the Customers, our software automatically shortlists the Counsellors matching the Customer’s preferences. The Customer can request for more options if he/she is not satisfied with the search results;
- We only act as an intermediary between the Customer and the Counsellor and our responsibilities under these Terms are limited to facilitating and maintaining the Platform that lets Customers and Counsellors communicate effectively, and collecting payments on behalf of the Counsellors via the Platform. The Counsellors are not our employees, agents or partners and each Counsellor is running a separate, independent business from our business. There is no relationship between us and the Counsellor beyond that of independent contractors and we do not oversee them professionally in any manner.
- Customer’s Interaction with Counsellor: The Customer will be interacting with a Counsellor during the Counselling Services. We do not, and cannot control such interactions with the Counsellors and we expressly disclaim any liability arising from such interactions. While we hope the Counselling Services benefit you, you understand, agree and acknowledge that they may not be the appropriate solution for every user or and/or may not be a complete substitute for a face-to-face counselling session suited for such situation.
- No Warranty: It is our constant endeavour to facilitate provision of good quality Counselling Services to the Customers via the Platform with the Counsellors maintaining high professional standards. However, the Customer understands and acknowledges that despite all such measures, we cannot provide any warranty or guarantee whatsoever with respect to:
- the quality, safety, suitability, or legality of the Counselling Services; or
- the performance or conduct of any Counsellor.
7. Subscribing to Counselling Services
7.1 We may offer various packages for the Counselling Services from time to time on the Platform. Subject to these Terms and any special condition prescribed with the chosen package, a Customer may subscribe to the suitable package of Counselling Services by following the applicable booking process specified on the Platform. Apart from the video counselling sessions included in your chosen package (“Counselling Sessions”), you can also book additional video counselling sessions with your chosen Counsellor (“Additional Counselling Sessions”) by paying the applicable fee as set out in the Platform.
7.2 The Customer may be required to sign and return a consent, waiver and liability release before he/she participates in a Counselling Session.
7.3 When a Customer subscribes the Counselling Services through the Platform and makes the payment as per Clause 8 below, the Customer and the Counsellor will be deemed to have entered into a separate engagement/agreement independent of this Agreement with Mimblu.
7.4 If the Customer feels the counselling services provided by the Counsellor does not fit his/her needs or expectations, he/she may change to a different Counsellor listed on the Platform by contacting our Customer Care Service.
7.5 Please note that the Counsellor shall rely on the information that Customer will provide through the Platform or during the Counselling Services. Accordingly, it is Customer’s responsibility to provide accurate information so that his/her expectations can be met. If the information the Customer provides is inaccurate, this may affect the quality of the Counselling Services.
8. Payment for Counselling Services
8.1 Counselling Fees
The Counselling Fees and any applicable taxes will be presented to the Customer prior to subscribing for any Counselling Services or Additional Counselling Sessions, as applicable. The Customer agrees to pay the Counselling Fees when due and payable as required for any subscription or booking via the payment method options available on the Platform and using a payment instrument that you are legally permitted to use.
8.2 Billing Information
When the Customer initiates a booking transaction as above, he/she will be asked to provide us with customary billing information such as name, billing address, and credit card or other payment instrument information. The Customer represents and warrants that any such information that he/she provides is true and accurate, and that the Customer is authorised to use the chosen payment instrument.
The Customer must promptly update his/her account information with any changes (for example, a change in billing address or credit card expiration date) that may occur.
Upon successful subscription of Counselling Services or booking of Additional Counselling Sessions on the Platform, and payment of the Counselling Fees, the Customer will be able to access the subscribed features of the Platform.
If the Customer wishes to dispute any charge(s), he/she must inform us within seven (7) days after the date of making such payment(s) by sending an email to our Customer Care Service. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counsellor and issuing partial or full refunds, when applicable.
9. Re-scheduling/Cancellation and Refund Policy
9.1 A Counselling Session or an Additional Counselling Session can be cancelled or re-scheduled to another date and time (subject to Counsellor’s availability) within your subscription period provided the scheduled Counselling Session is not due within 48 hours of the time when it is sought to be cancelled or re-scheduled.
9.2 The Customer acknowledges and agrees that any cancellation or re-scheduling within 48 hours of the scheduled Counselling Session or Additional Counselling Session will be strictly on a non-refundable basis.
9.3 In the event that the relevant Counsellor cancels the Customer’s booking for a Counselling Session or Additional Counselling Session, the Customer will be entitled to re-schedule the Counselling Session or Additional Counselling Session with the same Counsellor. If the same Counsellor is not available on the Platform, the Customer may claim a refund for such Counselling Session or Additional Counselling Session pursuant to our refund policy.
9.4 While individual Counselling Sessions and Additional Counselling Sessions may be re-scheduled within the subscribed period, cancellation of any subscriptions of Counselling Services are strictly on non-refundable basis.
10. Intellectual Property Rights
10.1 Except where otherwise indicated or implied by context, we are the sole owners or licensees of all intellectual property comprised in the Platform and our Services, including all intellectual property comprised in the Platform Content and the technology and software underlying the Platform. Nothing in these Terms constitutes a transfer of any rights, title or interest to the intellectual property rights in or related to the Platform or Platform Content except for the limited licence to use the Platform and/or our Services granted to you pursuant to these Terms. All goodwill generated from the use of Platform, our Services and/or the intellectual property rights contained therein will inure to Mimblu’s exclusive benefit.
10.2 You acknowledge and agree that the Platform and the Platform Content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on Platform Content accessed on or via the Platform.
10.3 You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not copy, distribute, reproduce, publish, alter, modify or create derivative works from the Platform Content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
10.4 Any rights not expressly granted herein are reserved by Mimblu.
10.5 You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 10 and that equitable or injunctive relief may be necessary.
11 User Content
11.1 Representation and Warranties
Where the Platform allows you to upload any User Content, you hereby represent and warrant to us that:
- you have all right, title, interest and/or authority in the User Content and have all rights that are necessary for you to grant us the license rights in your User Content under these Terms;
- you have the permission to use the name and likeness of each person whose image appears in any User Content in the manner contemplated by these Terms;
- the provision, use or exploitation of User Content will not infringe or violate the rights of any third party (including, but are not limited to, intellectual property rights, publicity and privacy rights) and is not in violation of any applicable law; and
- you will pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the User Content to or via the Platform.
11.2 Prohibited Content
You must not add any User Content or Feedback:
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
- that would bring us or the Platform into disrepute;
- that infringes the rights of any person;
- that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate;
- that contains unsolicited or unauthorised advertising (including junk mail or spam); or
- that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party.
11.3 Grant of Rights
By making your User Content available on or through the Platform, you hereby grant to Mimblu a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, modify (for formatting purposes only), distribute, license, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit your User Content on, through or by means of the Services (including through websites operated or owned by third parties), including for commercial, advertising and promotional purposes relating to the Services.
You further agree to us sharing your User Content (including any part of the User Content which constitutes ‘personal information’ under privacy laws) with other Users to the extent required for you to use the Platform, avail the Services and avail/provide the Counselling Services.
11.4 Rights in Feedback
To the extent where the Platform enables and you provide us with any suggestions, comments, improvements, ideas or other feedback in any form or media ("Feedback"), you hereby assign ownership of all rights, title and interest in such Feedback including all intellectual property rights subsisting therein to us. You further acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and that we can use, exploit and share such Feedback for any purpose at our discretion without any restrictions.
11.5 Liability arising from User Content
Mimblu shall not be liable in any manner for any User Content displayed on Platform, including but not limited to for (a) any errors or omissions in any User Content; or (b) any loss or damage of any kind incurred in connection with the use of or exposure to any User Content posted, emailed, accessed, transmitted, or otherwise made available via Platform.
To the maximum extent permitted by law, you hereby release and indemnify us from any claim or loss in relation to User Content being stored in our servers or displayed on Platform.
11.6 Back-Up of User Content
It is your responsibility to back up any of your User Content to your own systems. We do not guarantee that the Platform will always be available at all times.
11.7 This clause 11 will survive termination of these Terms.
12. Enforcement Rights
12.1 Although we are not legally obligated to monitor access to or use of the Services or User Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, dispute resolution, to ensure compliance with these Terms or to comply with applicable law.
12.2 We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or User Content provided by any User or third party.
12.3 We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law or other legal requirements, including providing such authorities with access to any User Content on the Platform.
12.4 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Platform. You waive your rights and agree to hold Mimblu harmless from any claims resulting from any action taken by Mimblu during, or taken as a consequence of, investigations by either Mimblu or law enforcement authorities.
13. Third Party Sites
13.1 The Platform may contain links to websites that are owned and operated by third parties. This may include other suppliers and service providers who provide goods or services in connection with the Services. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
13.2 You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
- we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
- you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
14 Disclaimer and Limitation of Liability
14.2 No Warranties
- We provide the Platform on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Platform.
- You shall be solely and fully responsible for any damage to the service or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. Mimblu cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected health information, advice, ideas, information, instructions or guidelines accessed through the service.
- We do not warrant the authenticity and accuracy of any User Content which other Users may provide. All User Content accessed by you using Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
- We assume no responsibility for any User’s failure to comply with any applicable laws and regulations.
- We do not endorse or recommend any particular Counsellor, and any search results on the Platform are based on automated digital tools and are not recommendations.
- You acknowledge that when you use the Platform and provide or receive Counselling Services, you do so entirely at your own initiative and relying on your own enquiries and judgement.
- To the maximum extent permitted by law, we exclude all Warranties whatsoever unless expressly stated, including but not limited to warranties in relation to any use of the Platform, any User or any Services offered.
- Any advice provided on the Platform is of a general nature only. We explicitly disclaim any and all liability arising from the following:
- Any act or omission of any User or other third party; or
- The Counselling Services or use of the Services.
- In the event that a Customer encounters any problems with Counselling Services, the Customer can choose any other Counsellor for future Counselling Services by contacting our Customer Care Service or cease using the Counselling Services.
- We are also not responsible for any personal injury, damage or harm resulting from any Counselling Session availed by you or your interaction with another User. You, as a Customer or Counsellor, are responsible for your own acts and omissions, and the acts and omissions of any individual whom you invite to, or otherwise enable his/her participation in, a Counselling Session, including without limitation any minors.
- THE SERVICES OR COUNSELLING SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL HEALTH OR MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATION REGARDING MEDICATIONS. IN CASE OF ANY MEDICAL CONDITION WARRANTING THE ABOVE, PLEASE SEEK ADVICE OF A QUALIFIED HEALTH PROFESSIONAL IMMEDIATELY.
14.3 Limitation of Liability
Notwithstanding anything contrary contained elsewhere in the Terms, our liability arising in connection with these Terms or the Platform is limited as follows:
- We exclude all liability for consequential, special, punitive, exemplary, incidental, indirect or remote loss, including without limitation any personal injury, loss of opportunity or business, loss of programs or other data on your computer or otherwise arising from or in connection with your use of the Services or Counselling Services, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if Mimblu has been advised of the possibility of such damages;
- Our total maximum total liability arising in connection with these Terms is capped to the total amount of money paid (in case of Customer) or received (in case of Counsellor) by you through the Platform in the 1 month period prior to the date of the claim;
- Our liability is excluded to the extent that you contributed to the liability;
- We exclude all liability for anything you have been aware of for longer than six months and you have not commenced a claim in court. You waive and release us from any such liability or claim; and
- Our liability is subject to your duty to mitigate your loss.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
14.4 Sole Remedy
If you are dissatisfied with the Platform and/or our Services, do not agree with any part of these Terms, or have any other dispute or claim with or against Mimblu or another User with respect to these Terms or Platform, your sole remedy against Mimblu is to discontinue use of Platform and/or our Services. Under no circumstances shall Mimblu, or any third party who promotes the Service or provides you with a link to the Service be liable in any way for your use of the Service or any of its Content, including, but not limited to, any errors or omissions in any Content, any infringement by any Content of the Intellectual Property Rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any Content.
In the event that we terminate the Platform or your access to the Platform pursuant to these Terms, you release us from all liability, loss or claims suffered by you as result of or arising out of such termination.
15. Release and Indemnity
15.1 You agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
15.2 You agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
15.3 In this clause:
- Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
- Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
- Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates affiliates, subsidiaries, sponsors, and other third-party partners.
- Relevant Matter means anything in connection with:
- any Services and use of the Platform;
- any User;
- any Counselling Services, Counselling Sessions, Additional Counselling Sessions, opinion, response, advice, suggestion, information and/or service of any Counsellor;
- any claims for deficiency in services relating to Counselling Services, Counselling Sessions or Additional Counselling Sessions;
- any damage to property, personal injury or death;
- your breach of these Terms;
- your use, misuse, or abuse of the Platform;
- your User Content; or
- your breach or failure to observe any applicable law.
15.4 DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IN CASE OF EMERGENCY, PLEASE CONTACT EMERGENCY SERVICES IMMEDIATELY.
16.1 Unless you are in an emergency or life-threatening situation requiring immediate access to your Counsellor, you agree not to circumvent the Platform for a period of two (2) years following your use of the Platform in respect of a particular User from when you first contacted, or were first contacted by, another User through the Platform (“Exclusivity Period”). During the Exclusivity Period, a User may not in any manner solicit, engage, transact, deal, request a quote, or receive payments from such other User outside the Platform.
16.2 You agree to inform Mimblu promptly in case a User asks you to pay, transact, engage, deal, or provide a quote outside the Platform during the Exclusivity Period. If you engage in any such unauthorised activity, without prejudice to any other right and remedy we may have under law or equity, Mimblu reserves the right to cancel your registration with the Platform and terminate the Agreement forthwith in accordance with Clause 17.
17.1 You acknowledge and agree that:
- termination of your account or your access to the Platform or deletion of your account on your own volition does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination and you will continue to be bound by the terms of the Agreement that are meant to survive such termination.
- we may terminate your access to the Platform or deactivate or cancel your account at any time without giving any explanation and without any liability at any time and with or without prior notice to you; and
17.2 If you are a Counsellor, additional provisions related to termination under the Counsellor Agreement will apply.
17.3 A Customer may cancel his/her account at any time by deleting his/her account on the Platform.
18. Grievance Redressal
If you have any issues or complaints related to the Platform, our Services, or a Customer/Counsellor, please contact our Customer Care Service.
19.1 Notices are taken to be read when the notice is acknowledged by the receiving party and will be deemed to be read if no acknowledgement is received within 2 business days (in India) of delivery. In case of any urgent notice, the written notice shall also be brought to the attention of the designated representative of the notified party on the same business day by email.
19.2 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms. We may assign our rights under these Terms at our sole discretion.
19.3 If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
19.4 These Terms are governed by the laws of India and and each party submits to the exclusive jurisdiction of the courts of Mumbai, Maharashtra and all courts of appeal from there.
19.5 Any waiver of any term on these Terms by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
19.6The contents of these Terms constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing. In case of a Counsellor, these Terms must be read in consonance with the terms of the Counsellor Agreement and, in case of any conflict, the terms of the Counsellor Agreement will prevail.
19.7 A provision of these Terms which can and is intended to operate after its conclusion will remain in full force and effect – including intellectual property rights, all indemnities and releases and limitation of liability.
Additional Counselling Sessions has the meaning ascribed to the term under Clause 7.1.
Counsellor Agreement means the agreement entered into by us with each Counsellor in relation to his/her listing on the Platform and provision of Counselling Services through the Platform.
Counselling Sessions has the meaning ascribed to the term under Clause 7.1.
Content means any content whatsoever that are posted, uploaded, generated, provided or otherwise made available through the Platform, including but not limited to any bios, experience, descriptions, usage data, chats, photos, audios, videos, music, text, graphics, works of authorship of any kind and any other information.
Counselling Services means counselling services provided by a Counsellor either via text messages, audio or video calls and includes Additional Counselling Sessions.
Counselling Fees means the fee charged from the Customer for the relevant Counselling Services.
Customer means a registered User seeking to avail the Counselling Services.
Customer Care Service means the customer care representative(s) appointed by Mimblu from time to time who can be reached at email@example.com
Feedback has the meaning ascribed to the term under Clause 11.4.
Mimblu, we, us, our means Mimblu Tech Private Limited and its related entities or body corporates.
Platform means the Website, mobile application and any service offered by us under the name “Mimblu”.
Platform Content means the all Content available on the Platform (save and except User Content) and includes all proprietary Content of Mimblu and any Content licensed or authorized for use by or through Mimblu from a third party.
Services means the services provided by Mimblu by way of the Platform, as described under Clause 1.1.
User Content means any Content that is uploaded on the Platform by the User.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.