Terms & Conditions

TERMS 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 from 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 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 that are displayed on the website, and displaying them doesn’t bind Samarpan to do so. Only after consultation with the Client, Samarpan may consider providing those services requested by specific inquiry, accepted by the representatives of Samarpan, and may be considered as the services that Samarpan has agreed to be provided.

Definitions

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. The term ‘you’, ‘your’, ‘client’, ‘resident’ or ‘user’ refers 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.

Terms and Conditions

(a) 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 this truthful disclosure of the information, which is relevant for Samarpan in the assessment for the determination of services required to be provided.

Upon presentation of information as above, Samarpan may offer to you, based on its discretion, either outpatient or residential treatments. It should be noted that, 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 the Therapists/mental health experts via video call, voice call, text message, online chat, or other electronic means (Teleconsultation of the appropriate medium). The information exchanged between the Client and the Therapists/mental health expert is stored and used in accordance with the Privacy Policy and applicable law. However, it is at the 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 Privacy Policy.

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 quality 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, are 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.

If a user or client decides to engage with a Therapist/mental health expert not connected with Samarpan to provide medical services to the user/client, 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 any outside mental health expert with whom the user/client connects, engages, or transacts while availing of our services. We advise the user/client to perform their own investigation or get feedback prior to selecting a psychiatrist, Clinical Psychologist, or any other service provider at Samarpan.

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 any identifying information about any of the other Client/Patient that may be present at the facility.

(b) Limitation of Liability

• Medical Negligence – Client has also accepted and recognizes that due to the very nature of Mental Healthcare, Samarpan will never be held accountable or liable for any guarantee of full and complete recovery. You will be estopped from bringing any claims of Medical Malpractice or negligence, in the event of no or inadequate improvement and/or relapse, or reoccurrence of 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 fail 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 personnel related to Samarpan shall be held liable or responsible.
• Cancellation or rescheduling of booked appointments 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 offered, or reject the same. Samarpan will not be responsible for any adverse reactions that follow due to your rejection in spite of a strong recommendation of transfer on our part.
• Any medical eventualities that might occur after utilizing the services of the Mental Healthcare Professionals, including Psychiatrists, Clinical Psychologists, Therapists, Counsellors, Nurses, 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 only. Therefore, you shall not be required to adhere to Medical advice from Samarpan or its Affiliates that is not connected or related to the overall program of Mental Healthcare you are undergoing, and shall have no claims against Samarpan in this regard.
• Samarpan welcomes feedback or comments from the clients. All such feedback should be made in accordance with applicable law. However, Samarpan shall not be held responsible 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.
• Interaction of Client outside of Facility: It may be necessary for us to send Client outside the Samarpan facility on errands, for walks, for Medical Check-up and treatment. These activities are 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 the 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 if anything untoward happens 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.
• Danger to Client/Staff/Others: In case the Client puts themselves or others in danger, harms themselves by any means, or attempts or commits suicide, if such tendencies were either undisclosed or happening beyond our control, Samarpan and/or its affiliates shall not be 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 take appropriate measures.
• Escape of Client: In case of Client escaping from the Samarpan 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.
• Accidental Injury or Death: In the 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. Unless gross negligence is displayed towards a client of a nature that requires special supervision, no cause of action for any accidental injury or death shall arise against Samarpan.
• Samarpan ensures the 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, who 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 the Client before the completion of the period of the Recovery Program in case of User/Client/Parent/Guardian not cooperating with the treating team. Clients who are discharged from the program are not entitled to a refund or a credit. Clients who discharge early from a program are credited the days that they do not take; however, the credits are only valid for 11 months from discharge.

(c) 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 at admissions@samarpan.in.
• New registrations will be required to make payment for their initial two sessions 48 hours in advance of the session.
• 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, Clinical Psychologists, 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, Samarpan shall not be held liable. The client is required to take it up directly with the concerned external affiliate for redressing their issues.
• Clients will be charged for the session if they cancel the session less than 24 hours in advance or are a no-show.
• Once scheduled, an appointment can be re-scheduled only once in a month under exceptional circumstances, subject to intimation at least one day in advance and the availability of counselling slots/wellness experts/qualified doctors.
• There shall be no refund if the User/Client 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 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 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, 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 out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.

Indemnification

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 a 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 control; or
• Failure to follow doctor’s advice/prescription by you; or
• Your failure to comply with these Terms of Service; or
• 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, these Terms of Service constitute the entire agreement between you and Samarpan in respect of the information provided herein and Services. These Terms supersede 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 Samarpan.

Governing Law and Jurisdiction

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 collaborates with third-party 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 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 the scope or applicability of this Agreement, 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, 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 emails 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 be valid or acknowledged.

If you wish to avail the 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 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 the 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. 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 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 on 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 offense.
• 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.

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 Websites are the property of their respective owners.