Terms and Conditions

Introduction

Samarpan, a unit of Abheraj Baldota Foundation, offers outpatient and residential recovery counselling services to clients suffering from various mental health-care related issues.

All official communication and notices discussed in these Terms and Conditions shall hence be addressed to "Samarpan", a unit of "Abheraj Baldota Foundation". All communication should be directed to the email 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 admissions@samarpan.in.

You understand that the services offered are at the discretion of Samarpan and are not bound to provide any of the services displayed on the website. Displaying services on the website does not bind Samarpan to provide them. Only after consultation with the Client, Samarpan may consider providing those services requested by specific inquiry, accepted by representatives of Samarpan, and considered as services that Samarpan has agreed to provide.

Definitions

The term "Samarpan, a unit of Abheraj Baldota Foundation", "Samarpan", "us", or "we" refers to the owners of this entity and this entity itself, as well as Employees, Contractors, Consultants, and Associates ("Affiliates") of Samarpan.

The terms "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", and "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.

General Terms and Conditions

It is understood that once a valid enquiry has been made, and Samarpan has agreed to provide services, the following terms will govern the relationship, limit the scope and nature of services, as well as the quality and performance of service offered.

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 and effectiveness of the treatment shall depend entirely on truthful disclosure of information relevant to Samarpan's assessment and determination of services required.

Upon presentation of information as above, Samarpan may offer you, based on its discretion, either outpatient or residential treatments. Depending on Samarpan's assessment of your mental health, you may be recommended transfer to treatment at the Out-Patient/Residential Centre.

Samarpan may further provide, on its own or at your request, value-added services that connect Clients directly to Therapists or mental health experts via video call, voice call, text message, online chat, or other electronic means ("Teleconsultation"). Information exchanged between the Client and the Therapist or mental health expert is stored and used in accordance with the Privacy Policy and applicable law.

Samarpan, with the prior permission of the Client/Parent/Guardian, may record phone calls, Tele-counselling sessions, in-person counselling sessions, or 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 the Privacy Policy.

You understand and agree that interactions and associated issues with other Clients, including prevailing health issues and experiences, are strictly between you and the other Clients. You shall not hold Samarpan or its Partners responsible for such interactions and associated issues.

If a user or client decides to engage with a Therapist or mental health expert not connected with Samarpan to provide medical services, the user/client does so at their own risk. Samarpan or its Partners shall not be responsible for any breach of service or service deficiency by an outside mental health expert.

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 during or after your stay at the facilities maintained by Samarpan, you will not reveal or disclose identifying information about any other Client/Patient present at the facility.

Limitation of Liability

Medical Negligence: Client acknowledges that due to the nature of Mental Healthcare, Samarpan cannot guarantee full and complete recovery. Samarpan shall not be held accountable for lack of improvement, inadequate improvement, relapse, or recurrence of any condition or symptom, subject to applicable law.
Cancellation or rescheduling of booked appointments or any variance in fees charged.
In the event that Samarpan recommends a transfer, either to Out-Patient or Residential Services, you may accept or reject the alternative treatment offered. Samarpan will not be responsible for adverse reactions following rejection of a strongly recommended transfer.
Any medical eventualities that occur after utilizing services of Mental Healthcare Professionals due to non-disclosure of correct details or providing wrong information while booking an appointment.
Samarpan and its Affiliates limit their practice to Mental Healthcare only. You shall not be required to adhere to medical advice from Samarpan or its Affiliates that is not connected or related to the overall Mental Healthcare program.
Samarpan welcomes feedback and comments from clients. Samarpan shall not be held responsible for comments or feedback given by Clients regarding services. Samarpan reserves the right to remove comments or feedback from the webpage without assigning any reason.
Interaction Outside the Facility: Clients may be required to leave the Samarpan facility for errands, walks, medical check-ups, or treatment. Such activities may be supervised or unsupervised depending on the Client and appropriate permissions. During unsupervised outings, Samarpan shall not be held responsible for anything untoward that happens to the Client, subject to applicable law.
Any civil or criminal liability inviting legal action on the Client existing before admission or arising later shall not be the responsibility of Samarpan.
Danger to Client/Staff/Others: In case the Client puts themselves or others in danger, harms themselves, or attempts or commits suicide, where such tendencies were undisclosed or beyond Samarpan's control, Samarpan and/or its Affiliates shall not be held responsible, subject to applicable law.
Escape of Client: In case of a Client escaping from the Samarpan Residential Recovery Center, the organization will inform the police in consultation with the Parent/Guardian by the quickest available means.
Accidental Injury or Death: In the event of accidental injury or death while availing services due to negligence of the user/client, Samarpan or its Affiliates will not be held responsible, subject to applicable law.
Samarpan ensures high standards of security at its premises. However, Samarpan shall not be responsible for loss or damage to personal belongings such as clothes, electronic items, or other possessions.

Emergencies, Investigations, Specialist Consultation and Hospitalization

Specialist consultation, related expenses, and investigations advised by treating doctors will be arranged by Samarpan staff and included in the monthly bill of the Resident.
If hospitalization is required and it is not an emergency, the Parent/Guardian will be informed and should arrange hospitalization.
In an emergency, the User/Client will be admitted to the nearest private or government hospital by Samarpan staff and the Parent/Guardian will be informed.
The Parent/Guardian is responsible for immediately updating themselves regarding the condition and treatment provided at the hospital.
Administration of medicines shall be strictly as prescribed by treating Doctors at Samarpan or by the consultant Physician/Specialist.
Samarpan reserves the right to discharge a Client before completion of the Recovery Program if the User/Client/Parent/Guardian does not cooperate with the treating team.
Clients discharged from the program are not entitled to a refund or credit, except where expressly provided under the applicable refund or credit policy.

Booking, Rescheduling and Cancellation of Appointments

Appointments for Tele-consultations, in-person Counselling Sessions, or Residential Recovery Programs can be scheduled by contacting Samarpan through the contact numbers displayed on its websites or by emailing admissions@samarpan.in.
New registrations will be required to make payment for their initial two sessions 48 hours in advance of the session.
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, Samarpan shall not be held liable for cancellation, postponement, or rescheduling by the external affiliated expert.
Clients will be charged for a session if they cancel less than 24 hours in advance or are a no-show.
Once scheduled, an appointment may be re-scheduled only once in a month under exceptional circumstances, subject to at least one day's advance notice and availability of appropriate slots.
There shall be no refund if the User/Client fails to join an appointment or program after booking or wishes to leave a program midway. In an emergency, the User/Client may request rescheduling, which Samarpan may accept at its sole discretion.

Payment for Services

Samarpan provides the ability to pay online through a third-party payment gateway. If you choose to pay online, you may be directed to a third-party payment gateway to process the payment.

The transaction will be governed by the terms and conditions and privacy policy of the third-party payment gateway.

Samarpan shall not be liable:

If any transaction does not fructify or cannot be completed.
For any failure on the part of the bank, credit card, or third-party site or agency to perform its obligations.
For any loss or damage arising directly or indirectly from the decline or acceptance of authorization for any transaction.

Indemnification

You agree to indemnify, defend, and hold Samarpan and its 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 or history in a timely and clinically appropriate manner.
Suppression of material facts.
Misinterpretation of advice, prescription, or diagnosis by you.
Relapse or recurrence of Mental Illness once treated for reasons beyond Samarpan's control.
Failure to follow doctor's advice or prescription.
Failure to comply with these Terms of Service.
Any information submitted or transmitted to Samarpan that violates third-party rights or applicable laws.

Samarpan reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to fully cooperate with such defense and in asserting any available defenses.

General

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

Waiver

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

Governing Law and Jurisdiction

These Terms shall be governed by and construed 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 disputes arising in relation to or under these Terms.

Third Party Service Deficiencies

Samarpan collaborates with third-party services for providing necessary services to users and clients. Samarpan shall not be held responsible for issues relating to services rendered by third-party service providers.

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 relation to 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 its scope or applicability, shall be referred to an 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 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 disputes arising out of or in relation to this Agreement, your use of the Website or Services, or the information to which it gives access.

Contact Information

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

Different contact information may have to be used for the purpose of admission of a Client/Patient. No request concerning admission-related queries addressed to these return email addresses will be valid or acknowledged.

If you wish to avail the services of Samarpan, you agree that you have read and understood the entire Terms and Conditions above and accept and agree to be bound by all clauses of these Terms and Conditions in their entirety.

Terms of Use of the Website

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 Services provided through the Websites shall be 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 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.
Your use of any information or materials on the Websites is entirely at your own risk. It shall be your own responsibility to ensure that any products, services, or information available through the Websites meet your specific requirements.
This Website contains material owned by or licensed to us, including the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the applicable copyright notice.
All trademarks reproduced on the Websites which are not the property of or licensed to the operator are acknowledged on the website and/or used with permission of the owners.
Unauthorized use of the Websites may give rise to a claim for damages and/or may constitute a criminal offense.
From time to time, the Samarpan Websites may include links to other websites. These links are provided for convenience and do not signify endorsement. Samarpan has no responsibility for the content of linked websites.

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 other commercial manner without prior written consent of Samarpan.

All other trademarks appearing on the Websites are the property of their respective owners.