Privacy Policy

PRIVACY POLICY

This privacy policy sets out how Samarpan uses and protects any information that you give us when you avail our services. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified, and then you can be assured that it will only be used in accordance with privacy policy.

(a) We may collect the following information:

• Name
• Contact information including email address.
• Demographic information such as postcode, preferences, and interests
• Information relevant to customer service
• Other information that you provide when using the service
• Counselling session notes

(b) What we do with the information we gather:

The personal information will not be passed on or sold to any third parties for marketing purposes. Your personal information will only be accessible to the team of our mental health experts and these details are required to understand the user/ client`s needs and provide you with a better service/ advice and therapy, and for the following reasons:

• offering you the best care/ service possible
• meet per government regulation - internal record keeping.
• improving our products and services
• sending educational/ promotional information which we think you may find interesting.
• contacting you for market research purposes by email or phone

(c) Right to Request Confidential Communications:

Client / User shall have the right to request for the details of the treatment / therapy, which is confidential be given to the Client. Tele-consultation / in-person counselling session recordings shall be kept confidential, however Samarpan will not be held liable if the data is hacked or damaged by way of data corruption or third-party access which is beyond our control.

END-USER ACCOUNT AND DATA PRIVACY

The terms “personal information” and “sensitive personal data or information” are defined under the sensitive personal date and information -SPI Rules, and are reproduced in the Privacy Policy.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: The Indian Contract Act, 1872, The (Indian) Information Technology Act, 2000,

The rules, regulations, guidelines, and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”). As a platform, Samarpan does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Our Content, as found here, is protected under the Copyrights Act, 1957 and amended Copyrights Act, 2012 and as amended from time to time in future. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

LIMITATION AND DISCLAIMER WARRANTY

The information provided herein are provided on an “as is,” “as available” basis. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of mental and relational fitness for a particular purpose. Neither the transformative conversations nor any person associated with Samarpan makes any warranty or representation with respect to the completeness, security, reliability, quality, or accuracy of the information provided herein.

INDEMNIFICATION

You agree to indemnify, defend, and hold Samarpan and its affiliates, officers, employees, consultants, and representatives, harmless from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of:

• your failure to provide correct and / or complete clinical information / history in timely and clinically appropriate manner; or
• suppression of material facts; or
• misinterpretation of the advice / prescription / diagnosis by you; or
• failure to follow doctor’s advice / prescription by you; or
• your failure to comply with the Terms of the Services; or
• where any information you submit, or otherwise transmit to us violates third party rights or Applicable Laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

GENERAL

Unless otherwise specified herein, these Terms of Service constitute the entire agreement between you and Samarpan in respect of the information provided herein and Services supersedes all previous written and oral agreements between you and Samarpan, if any.

WAIVER

Samarpan’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Samarpan.

GOVERNING LAW AND JURISDCITION

These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. The courts in Mumbai, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms.

LAW ENFORCEMENT, LEGAL PROCESS AND COMPLIANCE

Samarpan may disclose personal information about Client / User under the following circumstances.

• If we are required or permitted to do so by applicable law or legal process (such as a court order or subpoena),
• to law enforcement authorities or other government officials to comply with a legitimate legal request,
• when we believe disclosure is necessary to prevent physical harm or financial loss,
• to establish, exercise or defend our legal rights,
• in connection with an investigation of suspected or actual fraud or illegal activity or
• otherwise with your consent or any legal proceedings arising out of this agreement

TRADEMARK NOTICE

Samarpan names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Samarpan. All rights are reserved. You are not authorized to use any Samarpan name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Samarpan. All other trademarks appearing on the Web site are the property of their respective owners.

TERMS OF USE OF THE WEBSITE

Abheraj Baldota foundation (“Samarpan) is the owner and publisher of www.samarpanhealth.com (the “Website” which term shall also include all other online resources owned and maintained by Samarpan). All the Services provided through the Website shall be that owned by Samarpan. The contents of the sites are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or treatment plan.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• 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.
• 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.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, 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.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website and/or used by permission of the owners.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
• From time to time, 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). These Terms are governed and construed to be in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of Courts in Mumbai in all disputes arising out of or relating to the use of the Website.

Third Party Service Deficiencies

Samarpan shall collaborate with third parties services for providing necessary services to the user / clients at Samarpan. Any issues relating to the such services rendered by third party service provider, Samarpan shall not be held responsible at any time.

DISPUTE RESOLUTION AND ARBITRATION

Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement shall be referred to arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Subject to the above Clauses, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

CONTACT INFORMATION

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.