Terms X Insightmc

WELCOME TO “INSIGHT- THE MIND CLINIC”

Terms of Use

Legal Agreement

This user agreement (“Agreement”) is an agreement between you and Service Provider(“Insight-The Mind Clinic” “Provider” or “we” or “us” as the context requires) governing your use of Insight’s products, Applications, software and/or services with the characteristics and features as described on Insightmc (“Website”) (referred to collectively as the “Services“).

You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement. By accessing the Website, at your option, using the Services as a User/Client, you agree to be bound by this Agreement and the terms contained in it.

This Agreement governs your access and use of this Website and applies to all Clients and others who have access to the Service (“Users”). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website. ‘Insight-The mind Clinic’ will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website. All changes are effective as soon as we post them and by continuing to use the Website and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website is subject to the most current version of the terms of use posted on the Website at the time of such use.

’Insight-The Mind Clinic’ has created this Website to provide Users/Clients, the Services which includes, providing online health coaching services focused on addressing the debilitating symptoms of any diagnosed mental or psychological disorder of the clients. While our medicine, workout and nutrition recommendations consider several factors specific to each individual, including fitness goals (Mental, Psychological or Physical) and lifestyle factors, and our recommended Therapy Sessions, Yoga Sessions, or Workout plans or specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses instead just an assistance in improving current mental health state.

 

These Website Terms and Conditions (“Terms”) govern your use of our Website “Insight-The Mind Clinic”, (“Provider”, “we,” “us,” or “our”). By using or accessing this website, you agree to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site and agree to comply with and be bound by the following terms and conditions. If You do not agree to these terms, please refrain from using this website.

 

  1. Website Usage

 

1.1. The content provided on this website is for general information and educational purposes only and should not be mistaken as an advertisement. It is subject to change without notice.

 

1.2. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

 

1.3. This website contains material that is owned by or licensed to us. This material includes, but is not limited to, informative material/content, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

 

1.4. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

 

1.5. This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

 

1.6. Your use of this website and any dispute arising out of such use of the website is subject to the laws of the state of Telangana, India.

 

  1. Privacy Policy:

Your use of this website is also governed by our Privacy Policy. The Privacy Policy details how we collect, store, and use your personal information.

 

  1. Content Accuracy:

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

  1. Intellectual Property and Restriction of Contents:

4.1. All intellectual property, including but not limited to copyrights, patents, trademarks, and trade secrets, associated with the services and materials provided by Provider, remain the exclusive property of Insight-The Mind Clinic and its affiliates.

 

4.2. You shall not reproduce, distribute, or otherwise use Provider’s intellectual property for any purpose other than as expressly permitted under a written Agreement.

 

4.3. You agree not to reverse engineer, recompile, or otherwise attempt to access the source code of any software or proprietary tools provided by Provider.

 

4.4. You shall promptly notify Provider of any unauthorized use or disclosure of Provider’s intellectual property that may come to your attention.

 

4.5 Restriction on Use of Services: You are not permitted to and shall not do any of the following acts, the breach of which shall entitle The Provider to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:

  1. Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;
  2. Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website;
  3. Attempt to copy any software provided to you as part of the Services and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
  4. Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
  5. Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
  6. Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
  7. Use any of Insight/Provider’s domain name as a pseudonymous return email address;
  8. Access or use the Website in any manner that could damage, disable, overburden, or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;
  9. Access or attempt to access any content that you are not authorized to access by any means, Alter or modify any part of the Services, Disrupt or interfere with the security of, or otherwise cause harm to the Website, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated linked sites.

 

  1. Limitation of Liability: This Agreement sets limits on Provider’s responsibility, restricting liability to foreseeable damages related to Agreement violations:

 

5.1. ‘Insight-The Mind Clinic’ disclaims responsibility for any mishaps, including but not limited to medically, physically, emotionally, mentally, demise of the person or that may befall the Client. The Client acknowledges that Provider aims to enhance their current condition by assessing potential issues, without guaranteeing specific outcomes. Provider doesn’t promise medical treatment but provides assistance for enhancing the client’s current condition. Thus, Provider isn’t liable for any lack of discernible results.

 

  1. External Factors:

6.1. Provider shall not be held responsible for any loss or interruption of services that may occur due to external factors, including but not limited to interruptions arising from media providers, servers, hosting services, or events classified as force majeure.

 

  1. Support:

 

7.1. Alternative Accountability Support via Email: The Provider may provide secondary support through email as a means for you to address inquiries, concerns, or requests. While Provider will make reasonable efforts to respond to your emails, email support is considered an additional/secondary channel for accountability and communication.

 

7.2. The Provider acknowledges that for certain matters, written communication via email may effectively supplement your accountability efforts. The communication will be deemed completed when the Provider acknowledges the email and responds via its official email.

 

7.3. The Provider will not provide support for any deliverable after the expiry the Agreement unless otherwise agreed in writing or through agreement renewal.

 

  1. Response Time Duration:

 

8.1. In accordance with the terms of this Agreement, any Party obligated to provide a response, notice, or communication to another Party shall ensure such response is delivered within a period not exceeding Seventy Two  (72) hours from the time of receipt. Failure to adhere to this specified response time may result in non-compliance with the contractual obligations set forth herein.

 

  1. Non-Disclosure and Non-Compete:

 

9.1. Product Content:

For any data, content, and images provided by “Insight-The Mind Clinic” or accessed by you/user/client (directly or indirectly), including but not limited to online meetings via zoom or similar platforms, email, online course material, documents shared by “Provider” in connection with the rendered services during this program, including photos, videos, charts, graphs, digital documents, “Insight-The Mind Clinic” does not grant you the following permissions:

 

  1. The Provider does not grant a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any services content in connection with this Agreement to you. You cannot use the intellectual property of the Provider, “Insight-The Mind Clinic,” for your respective pages, social channels, promotional material, third-party platforms, etc., without the prior permission of “Insight-The Mind Clinic.”

 

9.2. You hereby agree that you shall hold in confidence and shall not use, commercialize, or disclose except under the terms of the present agreement, any “Insight-The Mind Clinic” “Confidential Information” to any person or entity, or else under the provisions governed by this agreement except as “Provider” may approve in writing.

 

9.3. You undertake to use at least the same degree of care in safeguarding “Provider’s” “Confidential Information” as you use in safeguarding your own Confidential Information and shall take all steps necessary to protect the “Insight-The Mind Clinic” “Confidential Information” from unauthorized or inadvertent disclosure regardless of the subsistence and survival of any contractual relationship beyond the existence of the present contract.

 

9.4. The Client acknowledges that breach of this agreement or disclosure of “Provider’s” “Confidential Information” may result in legal action, including but not limited to injunctive relief, damages, or other remedies available under the law.

 

9.5. Non-Compete Agreement: During and for a period of two years, after the termination of your Agreement with Insight-The Mind Clinic, you agree not to engage in any business or activities that directly compete with “Insight-The Mind Clinic,” its services, or its programs.

 

  1. Confidentiality and Separate Agreement:

 

  • Seperate Agreement: If you have entered into a separate Agreement with ‘Insight-The Mind Clinic’, its terms take precedence over the any and all provisions in these Terms and Conditions.

 

10.2. Client Conduct: You agree not to engage in any conduct, including but not limited to the disclosure of provider’s confidential information, that may be deemed offensive, inappropriate, or disruptive to Insight-The Mind Clinic or any other representative.

 

10.3. Confidential Information: You acknowledge that any information, materials, or content provided to you by Insight-The Mind Clinic are confidential and shall not be disclosed to any third party. This includes but is not limited to information regarding the services, proprietary methodologies, client data, business strategies, trade secrets, and any other information of a confidential nature related to Provider’s health coaching program/services.

 

10.4. Return of Confidential Information: Upon the written request of Provider or upon termination of this Agreement, you shall promptly return or destroy all documents, electronic files, or any other materials containing or relating to the Confidential Information.

 

  1. Payment Terms and Methods: Payments can be made using various bank transfer methods, including NEFT (National Electronic Funds Transfer), Stripe, UPI, Google Pay, or RazorPay. These methods are commonly used for secure and reliable electronic fund transfers.

 

  1. Correspondence:

12.1. Official Correspondence: All official correspondence related to the services under these terms shall be conducted via Provider’s App, official email addresses, Telegram, Whats-app of both parties, or as otherwise agreed.

 

12.2. Substantial Inquiries: In the event of substantial inquiries, you are expected to communicate via email, unless alternative communication methods have been scheduled and agreed upon in advance.

 

  1. Software:

13.1. Software Costs: Insight-The Mind Clinic bears the cost of all essential software, but you agree to pay for any additional software and services used in the production of the scope of services beyond Provider’s offerings, or software that ‘Insight-The Mind Clinic’ will have no exclusive access to.

 

  1. Portfolio:

 

14.1. Usage of Client’s Assets: As part of these terms, you give permission to Provider to use your/client/user assets for non-commercial use for cases like portfolio, case studies, client list, work experience, etc.

 

  1. Non-Commercial Use: Insight-The Mind Clinic is only allowed to use your/client/user assets for non-commercial purposes and shall never use it to represent itself as you or for direct or indirect commercial benefit.

 

  1. Content Rights License: You agree to grant/license such rights rights discussed above, beyond your terms with ‘Insight-The mind Clinic’.

 

  1. Testimonials: You grant ‘Insight-The Mind Clinic’ permission to use your/client/user case study or any testimonials provided by you for reference or educational purposes, including on Provider’s website and marketing materials. Your first name, last initial, and location may be used with the testimonial unless specified otherwise in writing. These testimonials are provided voluntarily, without compensation.

 

  1. Miscellaneous:

15.1. Modification:

  1. Waiver of Rights: Neither party can waive its rights under these terms or release the other party from its obligations under these terms unless the waiving party acknowledges it, is doing so in writing, and signs or acknowledges a document that says so.

 

  1. Implied Consent:

16.1. Considering the easy access to these terms via our website and also through other communication methods, Post seven (7) days of exploiting the services of Insight-The Mind Clinic, upon continuing with the services provided by Provider, you acknowledge that you have had the opportunity to review and understand these terms and conditions. Should you proceed with the services without explicit objection to the terms and conditions set forth here, it shall be deemed that you have granted your implied consent and acknowledgment of these terms. The absence of any formal objection or the lack of an agreement does not diminish the legal validity or enforce-ability of these terms. Your participation in the services signifies your understanding and acceptance of the terms contained herein.

 

  1. Breach of Terms: When we consider that a breach of the terms has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the terms of use on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:
  2. Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of our services ;
  3. Immediate, temporary or permanent removal of any contribution already made in form of services, upon your failure to cure the breach that is brought to your notice;
  4. Issue of a warning to you;
  5. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  6. Further legal action against you; and
  7. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
  8. We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
  9. Upon such termination/suspension of your access to our services, you will no longer be able to access our services or any content or data we have stored on our servers or delivered to you. All licenses or rights granted to you by Provider to the Website or the Services will automatically terminate.
  10. Disclaimer:
  11. If you have not been physically active for more than 1 (one) year, or if you have any medical history that may put you at risk, including but not limited to, one or more the following conditions, you are required to seek approval from a qualified medical practitioner physically prior to using our Services:
    1. heart disease;
    2. high blood pressure;
    3. family history of high blood pressure or heart disease;
    4. chest pain caused by previous exercise;
    5. dizziness or loss of consciousness caused by exercise;
    6. bone or joint problems;
    7. diabetes, high cholesterol, obesity; or
  12. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
  13. Indemnity: You agree to defend, indemnify and hold harmless Insight-The Mind Clinic, its officers, Medical Practitioners, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
  • your use of and access to the Service;
  • your violation of any term of this Agreement;
  • your violation of any third party right, including without limitation, any copyright, property, or privacy right; or
  • This defense and indemnification obligation will survive this Agreement and your use of the Service.

 

  1. OFFENCES:
  2. You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs, time bombs, cancel bots, spy-ware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
  3. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments).
  4. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
  5. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your access or downloading of any material posted on it, or on any Website linked to it.
  6. Security: We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

  1. Refund Policy:
  2. At “Insight-The Mind Clinic”, our primary aim is to ensure Client’s satisfaction as per this agreement. The Client unequivocally agrees that the refund shall be permissible solely under the condition where the Client decides to terminate the services within 3 days of enrolment/on-boarding. In such a case, any fees paid will be refunded in full, except for any applicable processing fees or convenience fee.

i.Upon fulfillment of refund criteria, an amount of INR 4500/- shall be deducted as a convenience fee.

  1. ii. Exclusions: Please note that fees for work already completed or third-party expenses incurred on your behalf including but not limited to Medication Expenses, Lab Tests Expenses, shall not be refundable.
  2. Refund Processing: We are committed to processing refund requests promptly. Once approved, we aim to process refunds within 7 business days.
  3. Ownership of Materials: All materials or content created during the coaching relationship, such as customized plans or documents, shall be owned by the Provider. The Client/User shall have mere access to these materials.
  4. Dispute Resolution:
  5. Arbitration: In an event of dispute, in the absence of any agreed upon Mediation either online or in-person, any and all disputes arising out of this Agreement shall be submitted to final and binding arbitration under the rules of the Arbitration & Conciliation Act, 1996. The arbitration will be decided under the laws of the state of Telangana, India, and will be held in Hyderabad, Telangana, or as otherwise determined by the rules of the Arbitration & Conciliation Act, 1996.

The Parties agree:  (i) to abide by any decision in the Mediation or Arbitration, and any court having jurisdiction may enforce the decision;

(ii) to submit to the jurisdiction of the courts in Hyderabad, Telangana, with respect to interim relief, to compel arbitration, or to confirm an arbitration award;

(iii) to accept service of process in accordance with the rules of the Arbitration & Conciliation Act, 1996, and agree that service in accordance with these rules satisfies all requirements to establish personal jurisdiction over the parties.

(iv) The parties will abide by any decision made under Mediation or the rules of the Arbitration & Conciliation Act, 1996, and any court having jurisdiction may enforce said decision.

(v) Each party waives any right to adjudicate any dispute in any other court or forum.

(vi) The parties may submit to the jurisdiction of the courts solely with respect to compel mediation or arbitration, or to confirm an arbitration award as set forth herein. Any submission to the courts in accordance with the immediately preceding sentence to compel mediation or arbitration may not seek any interim or injunctive relief.

  1. Confidentiality: All arbitration proceedings and any information, documents, or evidence disclosed during such proceedings shall be kept strictly confidential by both parties and their representatives, except as required by law.
  2. Costs: Each party shall bear their own costs and expenses related to the mediation or arbitration, including attorney’s fees unless the arbitrator determines otherwise.
  3. Governing Law: This arbitration clause shall be governed by and construed in accordance with the laws of India.
  4. External Factors: “Provider” shall not be held responsible for any loss or interruption of services that may occur as a result of external factors, including but not limited to interruptions arising from media providers, servers, hosting services, or events classified as force majeure.
  5. Voiding of Guarantee: This guarantee of, effective promised services, outlined in these Terms, is subject to voiding in the event of circumstances that interfere with the Provider’s ability to fulfill it. These circumstances include but are not limited to:
  6. Deviations from Payment Schedule: If the User deviates from the agreed-upon payment schedule, thereby breaching the financial terms of this Agreement, the Provider’s guarantee shall be voided.
  7. Delay in Delivery of Resources by the User: In the event of a delay by the User in providing necessary resources or cooperation essential for effective efforts, Provider’s guarantee may be voided.
  8. External Factors Beyond the Control of the Provider: This guarantee is also subject to being voided if external factors beyond the control of Provider, such as acts of nature, regulatory changes, or other unforeseen events, significantly hinder Provider’s ability to provide its services.
  9. D. In the event that this guarantee is voided due to any of the aforementioned circumstances, Insight-The Mind Clinic shall make reasonable efforts to notify the Client in a timely manner. It is imperative for both parties to engage in good faith communication and cooperation to address and potentially mitigate such circumstances.
  10. Force Majeure: If either party is unable to perform any of its obligations including but not limited to by reason of fire, or other casualties, strike, act or order of public authority, act of god, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.
  11. 27. Prohibited Activities:
  12. Unethical Practices: The Parties agree not to engage in any unethical practices, including but not limited to false or deceptive tactics, or any activities that could damage the reputation of either party.
  13. B. Unauthorized Access: Both parties shall not attempt to gain unauthorized access to each other’s digital assets, systems, or accounts. This includes, but is not limited to, hacking, password cracking, or any other malicious activities.
  14. C. Non-Discrimination: Both the Parties agree not to discriminate on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability or any unlawful basis under applicable laws.
  15. D. User Conduct During Course Period:
  16. The Client agrees to maintain appropriate and professional conduct throughout the course period. This includes refraining from engaging in any unlawful activities and activities that may disrupt or hinder the learning environment.
  17. The Client further agrees not to engage in any conduct, including but not limited to misappropriate actions or any behavior that may be deemed offensive, inappropriate, or disruptive to the Provider or any other representative.

III. Provider reserves the right to take appropriate actions, including but not limited to the termination of this agreement, in the event of the User/Client’s violation of this conduct clause.

  1. Severability:

In the event that any provision of these Terms of Service 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 Service, such determination shall not affect the validity and enforceability of any other remaining provisions

 

  1. 29. Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below.

In the event of any complaints or concerns with respect to the website or our services, please contact our Grievance Redressal Officer:

 

Name: Adv. Shavez Khan, LexFit

Email: khanshavez9@gmail.com