TERM AND CONDITIONS FOR AVAILING SERVICES AT SAMARPAN
Samarpan, a unit of Abheraj Baldota Foundation, offers outpatient and residential recovery
counselling services to the clients suffering with various mental health-care related issues.
All official communication and notices that are discussed in these Terms and Conditions shall
hence be addressed to” Samarpan” unit of “Abheraj Baldota Foundation”, all communication should
be directed to the E-Mail and Contact information associated with Samarpan provided on the
websites www.samarpanrecovery.com and www.samarpanhealth.com.
For any information about these services offered, please refer to the Samarpan websites. In
addition, any enquiry
regarding the services offered may be addressed to firstname.lastname@example.org.
You understand that the services offered is at the discretion of Samarpan and is not bound to
provide any of the services that are displayed on the website, and displaying them doesn’t bind
Samarpan to do so. Only after consultation with Client, Samarpan may consider providing those
services requested by specific inquiry, accepted by the representatives of Samarpan may be
considered as the services that Samarpan has agreed to be provided.
The term ‘Samarpan, a unit of Abheraj Baldota Foundation’ or ‘Samarpan’ or ‘us’ or ‘we’ refer to
the owners of this entity and this entity itself, as well as Employees, Contractors, Consultants
and Associates (“Affiliates”) of Samarpan, and the term ‘you’, ‘your’, ‘client’, ‘resident’ or
‘user’ refer to the person who avails the services of Samarpan (and their guardian/ parent) or
accesses the content on the website.
For the purpose of these Terms and Conditions, the terms “Psychiatrist”, “Clinical Psychologist”,
“Therapist”, shall have the meaning assigned to them under the Mental Healthcare Act, 2017, and
the Rehabilitation Council of India Act, 1992.
The term “Medical Officer” shall refer to a Licensed and Registered Medical Practitioner as
outlined under the National Medical Commission Act, 2019 and “Nurse” shall refer to persons
registered and regulated under the Nursing Council of India Act, 1947,
(a) General Terms and Conditions
It is understood that once a valid enquiry has been done, and Samarpan has agreed to provide
services, the following
terms will govern the relationship, limit the scope and nature of services as well as quality
and performance of service
- The obligation of Samarpan in providing services will be strictly based on the information
provided by the Client / User and the circumstances of those seeking treatment. The nature
effectiveness of the treatment shall depend entirely on this truthful disclosure of the
information which is relevant for Samarpan in the assessment for determination of services
required to be provided.
- Upon presentation of information, as above, Samarpan may offer to You, based on its
discretion, either the outpatient or residential treatments
It should be noted that, depending on Samarpan’s assessment of your Mental Health, you may
recommended transfer to treatment at Out-Patient/ Residential Centre.
- Samarpan may further provide on its own, or at your request, value added services which
connect Clients directly to the Therapists/mental health experts via video call, voice call,
text message, online chat or other electronic means (Teleconsultation of appropriate medium)
the information exchanged between the Client and the Therapists/mental health expert is
discretion of the Client, to avail such Service if available.
- Samarpan, with the prior permission of the Client/Parent/Guardian, may record the phone
calls / Tele-counselling sessions / in-person counselling sessions/ Residential Counselling
Sessions. Such recordings may be used for quality control and support related development
purposes and will be safeguarded in accordance with the law and as per the terms of the
- You understand that, any consent that is not necessary under law, if not given, shall not
impact your access to the services that are provided to you. However, it may affect the
of certain add-on services that may be availed by the client/parent/ guardian.
- You understand and agree that any interactions and associated issues with other Clients
including but not limited to your prevailing health issues and your experiences is strictly
between you and the other Clients. You shall not hold Samarpan or its Partners responsible
any such interactions and associated issues and Samarpan will not be held responsible or
for the same.
- If user or client decides to engage with a Therapists/mental health expert not connected
with Samarpan to provide medical services to user/client, User/ client do so at your own
Samarpan or its Partners shall not be responsible for any breach of service or service
deficiency by any outside mental health expert user/client connect, engage, or transact
availing our services. We advise User /client to perform their own investigation or get
prior to selecting a psychiatrist or Clinical Psychologist or any other service provider at
- You understand that yourself, and other Clients of Samarpan come to the facility to undergo
treatment of a private and sensitive nature. Therefore, you will ensure that at any stage
or after your stay at the facilities maintained by Samarpan, you will not reveal or disclose
identifying information about any of the other Client/ Patient that may be present at the
(b) Without prejudice to the generality of the above, Samarpan will not be liable for:
- Medical Negligence – Client has also accepted and recognises that due to the very nature of
Mental Healthcare, Samarpan will never be held accountable or liable for any guarantee of
and complete recovery. You will be estopped from bringing any claims of Medical Malpractice/
negligence, in the event of no or inadequate improvement and / or relapse, or reoccurrence
any condition or symptom, for any reason whatsoever, after any amount of time of seeking
treatment from Samarpan. However, after availing services with Samarpan, if You neglect or
to follow the advice and prescribed treatments, resulting in relapse of the condition of the
User / Client, neither Samarpan nor any of Samarpan’s affiliated experts or any authority or
personal related to Samarpan shall be held liable/ responsible.
- Cancellation or rescheduling of booked appointment or any variance in the fees charged.;
- In the event that Samarpan recommends a transfer, either to Out-Patient, or Residential
Services, you will have the option to accept the transfer, and alternative treatment
reject the same. Samarpan’ will not be responsible for any adverse reactions that follow due
your rejection in spite of strong recommendation of transfer on our part.
- Any medical eventualities that might occur after utilizing the services of the Mental
Professionals, including Psychiatrists, Clinical Psychologists, Therapists, Counsellors,
Peer Support Specialists; due to non-disclosure of correct details or providing wrong
information while booking for an appointment.
- You understand that Samarpan and its Affiliates limit their practice to Mental Healthcare
Therefore, you shall not be required to adhere to Medical advice from Samarpan or its
that is not connected or related to the overall program of Mental Healthcare You are
and shall have no claims against Samarpan in this regard.Samarpan welcomes the feedback or
comments from the clients. All such feedback should be made in accordance with applicable
However, Samarpan shall not be held responsible, to the comments or feedback given by any of
Clients in relation to the services provided to the Client. Samarpan reserves its right to
remove the comments or feedback from the webpage without assigning any reason.
- Interaction of Client outside of Facility: It may be necessary for us to send Client
Samarpan facility on errands, for walks, for Medical Check-up and treatment these activities
carried out either supervised or unsupervised depending on the Client/ Patient, which are
considered necessary for the wellbeing and recovery of the Client with the prior consent of
User / Parent / Guardian and appropriate Leave of Absence granted from the treating Mental
Health Professional/ Medical Officer. Such outings may be by foot or vehicle (public or
private). During such outings, unless they are supervised, we shall not be held responsible
anything untoward happen to the -Client.
- Any civil or criminal liability inviting legal action on the Client existing before
arising later shall not be the responsibility of Samarpan.
- Danger to Client/ Staff/ Others: In case the Client puts himself or others in danger
himself by any kind or attempts of commit suicide or commits suicide, if such tendencies
either undisclosed or happening beyond our control, Samarpan and /or its affiliates shall
held responsible for such unfortunate instances. Please note that if the Client has such
tendencies at the time of admission, you will be required to disclose the same so we may
- Escape of Client: In case of Client escaping from the Samarpan Residential Recovery
organization will not be responsible for any criminal or civil liabilities and consequences
arising out of the escape. The organization will inform the police in consultation with
guardian by the quickest available means. The organization treats it as discharge with
effect on the same day and the Parent / Guardian has an option of re-admission.
- Accidental injury or Death: In an event of accidental death or injury to any user/
vailing the services due to the negligence of the user/ client, Samarpan or its affiliates
not be held responsible for any criminal or civil liabilities and consequences arising out
the same. In such a situation, Samarpan will inform the police in consultation with Parent /
guardian by the quickest available means. Unless gross negligence is displayed towards a
of a nature that requires special supervision, no cause of action for any accidental injury,
death shall arise against Samarpan.
- Samarpan ensures highest standards of security at their premises. However, Samarpan, shall
be responsible for any loss or damage to the personal belongings of the Client like clothes,
electronic items etc.
Emergencies, Investigations, Specialist Consultation and Hospitalization
The specialist consultation & related expenses & investigations as advised by the treating
doctors will be arranged by Samarpan staff & included in the monthly bill of the Resident.
- If at any time hospitalization is required & it is not an emergency, it will be informed to
the parent/guardian & they should arrange for the hospitalization, in case of emergency the
User/Client will be admitted to the nearest private or government hospital by Samarpan staff
& intimation will be given to Parent/ Guardian and Parent/ Guardian needs to come and take
over the further care at the hospital.
- It shall be the responsibility of the parent/guardian to immediately further update
themselves regarding the condition and treatment provided at the Hospital and Samarpan staff
will help parent/guardian with all necessary means in this regard.
- Administration of medicines shall be strictly as prescribed by the treating Doctors at
Samarpan or by the consultant Physician/ Specialist.
Discharge: Samarpan reserves the right to discharge Client before completion of the period
of Recovery Program in case
of User/Client/ Parent/ Guardian not co-operating with the treating team.
(d) Booking, Rescheduling and Cancellations of Appointments
- Appointments for Tele-consultations / in-person Counselling Sessions or Residential Recovery
Program can be scheduled by either directly contacting us on the contact numbers displayed
on our websites or by emailing us on email@example.com:
- Our services can be availed only with advance payment and no refund is allowed in case of
cancellation of a confirmed appointment.
- While Samarpan will try to ensure a confirmed appointment with an external affiliated mental
health expert (like Psychiatrist or Clinical Psychologists or diagnostic center or
hospitals) for a Client who requested an appointment with us. In case of cancellation,
postponement or rescheduling of the appointment by the external affiliated mental health
expert (like Psychiatrist or Clinical Psychologists or diagnostic center or hospitals),
Samarpan shall not be held liable and the client is required to take it up directly with the
concerned external affiliate for redressing their issues.
- Appointment, once scheduled, can be re-scheduled only once in a month under exceptional
circumstances subject to intimation at least one day in advance, and availability of
counselling slots/ wellness experts / qualified doctors
- There shall be no refund if the User/ Client/s fails to join the appointment or any of the
programs after booking the appointment or wishes to leave the program midway. But in case of
emergency the User/ Client/s can request for re-scheduling of the appointment. Samarpan,
after proper assessment, may accept such requests at its sole discretion and the decision
will remain final in this regard subject to the availability of our healthcare and wellness
experts and their schedules.
Payment for services
Samarpan provides you the ability to pay online through a third-party payment gateway for our
services. If you choose to
pay online, you may be directed to a third-party payment gateway to enable processing of the
payment. This transaction
gateway. Samarpan shall not
- if any transaction does not fructify or may not be completed; or
- for any failure on part of the bank or the credit card or the third-party site or agency to
perform any of its obligations; or
- in respect of any loss or damage arising directly or indirectly arising out of the decline
or acceptance of authorization for any transaction, for any reason whatsoever.
You agree to indemnify, defend, and hold Samarpan and Employees, Contractors, Consultants and
Associates (“Affiliates”), 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
- Relapse or reoccurrence of Mental Illness once treated for reasons beyond Samarpan’s
- failure to follow doctor’s advice / prescription by you; or
- your failure to comply with this Terms of the Services; or
- where any information you submit, or otherwise transmit to us violates third party rights or
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.
Unless otherwise specified, 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.
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.
Third Party Service Deficiencies
Samarpan shall collaborate with third parties services for providing necessary services to the
user / clients. , Samarpan shall not be held responsible at any time for any issues relating to
the services rendered by third party service provider.
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 in re: services offered by Us,
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.
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.
Please note that different contact information may have to be used for the purpose of admission
of Client/ Patient; No request for or concerning admission related queries of the Client/
Patient addressed to these return e-mail addresses will not be valid or acknowledged.
If you wish to avail service of Samarpan, you agree that you have read and understood the entire
above Terms and Conditions, and that you accept and agree to be bound by all Clauses of this
Terms and Conditions in their entirety.
Abheraj Baldota foundation (“Samarpan) is the owner and publisher of www.samarpanrecovery.com and
www.samarpanhealth.com.(the “Websites” which term
shall also include all other online resources
owned and maintained by
Samarpan). All the Services provided through the Websites 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 content of the pages of the Websites 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 the Websites 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 the Websites 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 the Websites meet your specific
- This Websites 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 the Websites, 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 the Websites may give rise to a claim for damages and/or be a criminal
- From time to time, the Samarpan Websites 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 Websites
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 Websites are the property of their respective owners