Terms & Conditions

Samarpan, a unit of Abheraj Baldota Foundation, offers outpatient and residential recovery counseling services to the clients suffering from various forms of addiction and mental health issues.

Samarpan is not an emergency-response or emergency-monitoring service, and any person who is aware of an emergency or believes that a person may be at risk of injury or death or who may harm themselves or another should reach out to an appropriate emergency responder. Samarpan is under no obligation to monitor or respond to communications or postings made to us in this regard.

If you wish to continue to avail services of Samarpan, browse and use our website at www.samarpanhealth.com, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Samarpan’s relationship with you.

The term ‘Samarpan, a unit of Abheraj Baldota Foundation’ or ‘Samarpan’ or ‘us’ or ‘we’ refer to the owners and the term ‘you’, ‘your’, ‘client’, ‘resident’ or ‘user’ refer to the person who avails the services of Samarpan or accesses the content on the website. You further agree:

to comply with applicable central, state, local, and foreign laws, and regulations for availing the service of Samarpan (as defined herein) in accordance with the Terms.
not to use our services for illegal purposes; and
that you are 18 years of age or older (or the minimum legal age in your country to be considered a major) to register/use the Services or visit or use the Site in any manner. In the event, the user is a minor, unstable/ unsound nature, etc., Samarpan assumes that the Terms and other related aspects and conditions for the purposes of registration/use of Services, or visit to the center, are being agreed to by the parents or guardian and the term "User"/ "you"/ “your" shall be interpreted accordingly.

TERM AND CONDITIONS FOR AVAILING SERVICES AT SAMARPAN

(a) General Terms and Conditions

Samarpan’s offerings are based on the information provided by the Client / User and the circumstances of those seeking treatment.
Samarpan may provide value added services which connect Clients directly to the mental health experts via video call, voice call, text message, online chat or other electronic means and the information exchanged between the Client and the mental health expert is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the Client, to avail such Service if it is available.
Samarpan, with the prior permission of the Client/Parent/Guardian, may record the phone calls / Tele-counseling sessions / in-person counseling sessions/ Residential Counseling 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 Privacy Policy.
You understand and agree that any interactions and associated issues with other Clients including but not limited to your health issues and your experiences is strictly between you and the other Clients. You shall not hold Samarpan or its Partners responsible for any such interactions and associated issues and Samarpan will not be held responsible or liable for the same. For avoidance of doubt, the Services are not to provide any general healthcare or medical advice or diagnosis.
If user or client decides to engage with a mental health expert outside Samarpan to provide medical services to user/client, User/ client do so at your own risk. 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 while availing our services. We advise User /client to perform their own investigation or get feedback prior to selecting a psychiatrist or counselor or any other service provider at Samarpan.
Without prejudice to the generality of the above, Samarpan or its Partners will not be liable for:
- Medical Negligence – in case after availing the services at Samarpan, if any user neglects or fails to follow the advice and prescribed treatments, resulting in relapse of the condition of the User / Client, neither Samarpan nor any of Samarpan 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.;
- any medical eventualities that might occur after using the services of the Psychiatrist or counselor, due to non-disclosure of correct details or providing wrong information while booking for an appointment.
Further, Samarpan welcomes the feedback or comments from the clients. All such feedback should be made in accordance with applicable law. However, Samarpan shall not be held liable, for the comments or feedback given by any of the 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.
It may be necessary for us to send Client outside the Residential Recovery Centre on errands, for walks, for Medical Check-up and treatment, , which are considered necessary for the wellbeing and recovery of the Client with the prior consent of the User / Parent / Guardian and such outings may be by foot or vehicle (public or private). During such outings we shall not be held responsible if anything untoward happen to the -Client.
Any civil or criminal liability inviting legal action on the Client existing before admission or arising later shall not be the responsibility of Samarpan.
In case the Client puts himself or others in danger or harms himself by any kind or attempts of commit suicide or commits suicide, happening beyond our control, Samarpan and /or its affiliates shall not be held responsible for such unfortunate instances.
In case of Client escaping from the Residential Recovery Center, the 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 Parent / guardian by the quickest available means. The organization treats it as discharge with immediate effect on the same day and the Parent / Guardian has an option of re-admission.
In an event of accidental death or injury to any user/ client while availing the services due to the negligence of the user/ client, Samarpan or its affiliates will not be held responsible for any criminal or civil liabilities and consequences arising out of the same. In such a situation, Samarpan will inform the police in consultation with Parent / guardian by the quickest available means.
Samarpan ensures highest standards of security at their premises. However, Samarpan, shall not 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.
- In case it is not an emergency, Parents/guardians are at liberty to arrange for treatment in a hospital of their choice with the concurrence of the Samarpan staff.
Administration of medicines shall be strictly as prescribed by the treating Doctors at Samarpan or by the consultant Physician/ Specialist.
Samarpan reserves the right to discharge Client before completion of the period of Residential Recovery Program in case of User/Client/ Parent/ Guardian not co-operating with the treating team.

(b) Booking, Rescheduling and Cancellations of Appointments

Appointments for Tele-consultations / in-person Counseling Sessions or Residential Recovery Program can be scheduled by registering at www.samarpanhealth.com or by directly approaching the Mumbai Center over phone or in person.
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 Counselors 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 Counselors 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, availability of counseling slots/ wellness experts / qualified doctors with prior consent from the Director of Counseling or the Director of Residential Recovery Program.
There shall be no refund if the User/ Client/s fails to join the counseling appointment of the Residential Recovery Program 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. The Director of Residential Recovery Program, after proper assessment, may accept such requests at his/ her sole discretion and his/ her decision will remain final in this regard subject to the availability of our healthcare and wellness experts and their schedules.

(c) 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 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 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.

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.