This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii)
the rules framed there under as applicable; and (iii) the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical
or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the
rules and regulations, privacy policy and Terms for access or usage of
www.Themindandcompany.com (the "Website").
The Website is owned and operated by The Mind & Company Health Solutions Private Limited
("Company"), a private limited company, incorporated under the provisions of the Companies
Act, 2013 and having its registered office at 18-A Chhatrapati Shivaji Colony, Chunabhatti,
Kolar Road, Bhopal, Madhya Pradesh - 462016.
These terms of usage ("Terms") govern your use of the Website and services provided therein
"Services"). By using or visiting the Website, or by using any content or information
provided as part of the Website/ Services, you shall be deemed to have read, understood, and
accepted to be bound by these Terms. If you do not agree to these Terms, do not use this
Website/ Services. Because these Terms are a legal contract between you and The Mind &
Company, it is important that you review the Terms carefully before accessing or using the
Website. These Terms are not intended to alter in any way or limit the terms or conditions
of any other agreement that you may have with The Mind & Company, including without
limitation the privacy policy ("Privacy Policy").
For the purpose of these Terms, wherever the context so requires "You", "Your", "Customer"
or "User" shall mean any natural person who uses the Website for availing the Services. The
term "We", "Us", "Our", "The Mind & Company" shall mean the Company, its employees, and
authorised agents that perform any services on the Company's behalf.
We reserve the right to make changes to these Terms at any time. Any such modifications will
become effective immediately upon posting to the Website and your continued use of the
Website, and/or the Services constitutes your agreement to such modifications. You agree to
periodically review the current version of these Terms of Use as posted on the Website.
The Website allows Users to connect with counsellors or other individuals ("Expert(s)") who
provide counselling and therapy services.
1. Use of Services by an incorporated/registered entity
If you are not an individual and are an incorporated/registered
entity/institute/organisation seeking to avail the services of The Mind & Company for your
members/employees/students or any individuals registered with you for any services, you
shall enter into an agreement/memorandum of understanding with The Mind & Company for this
purpose. Each individual availing the services of The Mind & Company under such
agreement/memorandum of understanding shall be bound by these Terms.
2. Use of Services/Website by minors
Use of the Website is available only to persons over the age of eighteen (18). If you are a
minor i.e. under the age of eighteen (18) years, you shall not register on the Website
without providing us with a duly filled consent form from your legal guardian or parent
("Consent Form"). We reserve the right to terminate your membership and refuse to provide
you with access to the Website or Services if it is brought to our notice or if it is
discovered that you are under the age of eighteen (18) years and are accessing this Website
without furnishing the Consent Form. We will not be liable for any harm caused to you on
account of any use of the Website without appropriate parental consent in accordance with
this Clause 2.
3. User Account
1. In order to use the Website, you may be required to provide information about yourself
including your name, email address and other personal information ("Personal Information").
You agree that any information you provide to The Mind & Company on the Website will always
be accurate, correct and up to date. You shall not impersonate someone else or provide
account information, an email address or any other information that is not your own. The
treatment of your Personal Information and other related information, shall be in accordance
with the Privacy Policy.
2. You are responsible for maintaining the confidentiality of your account details at all
times. Further, you are responsible for all activities that occur under your account.
4. Payment
1. We may charge for the chat, audio, and/or video based counselling/face-to-face therapy
sessions and other programs. Before availing any such Service, we will communicate in
writing to the User, the applicable charges for the said Service. In addition to these
Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).
2. Please note that the charges paid by a Customer, are not refundable. However, in the
event a Customer is not satisfied with the Service provided by The Mind & Company, then they
may send a mail support@themindandcompany.com. The Mind & Company will review each such
mail, on a case to case basis, and may refund the charges paid, if it deems fit. The
decision of The Mind & Company on any such
matter shall be final and binding.
Please note the specific refund policy in the event of the following circumstances:
1. Care Plan: Any purchased Care Plan is activated from the date of
purchase and expires according to its duration. In case, the Customer fails to use the
services during the period, the Care Plan cannot be shifted to any other period, further, no
refunds will be provided in such a scenario. The Customer agrees and understands that buying
a Care Plan does not give the Customer any preference with regard to the allotment of their
chat session(s) and/or the Expert of their choice. All Experts have a pre-defined chat
session schedule, which might be subject to change. The Customer agrees that all requests
for chat sessions are serviced on a first come first serve basis.
2. Appointments(Audio/Video/Face to Face):
1. For any Services purchased, the The Mind & Company team shall make 3 attempts to reach
the Customer for confirmation of the Services. In case, the Customer fails to respond within
7 days of the last communication, the Service will be treated as consumed and no refunds
shall be provided by The Mind & Company.
2. In case, of technical difficulties during or at the time of the session, The Mind &
Company will check with their service providers. If the case is adjudged by The Mind &
Company to be genuine, the appointment shall be rescheduled. However, the Customer shall not
be entitled to a refund on account of technical difficulties at the time of the session.
3. For Audio and Video Sessions, in case, the Customer fails to turn up at the time of the
appointment, The Mind & Company will reschedule the session only once. If the Customer still
does not turn up the second time, the appointment will be treated as consumed and no refunds
shall be provided by The Mind & Company.
4. For Face to Face appointments, any no shows are treated as availed services and no refund
or rescheduling shall be provided by The Mind & Company in such a scenario.
5. For any reschedules, the Customer needs to inform The Mind & Company at least 24 hours in
advance. Unless specifically allowed by the Terms, the Customer shall not be entitled to a
refund for whatever reason.
3. Appointment Bundles:
All appointment bundles need to be availed within 6 months from the date of purchase.
Additionally, all individual items in the bundles shall also be bound by the terms
applicable to appointments.
1. User(s) can make payments through any of the following available options:
1. Internet Banking;
2. Bebit cards/ Credit Cards;
3. Unified payments interface ("UPI");
4. Payment wallets available at the time of payment.
2. The User agrees and accepts that all nuances and modalities relating to making payment
using internet banking/ debit cards/credit cards, UPI or payment wallets ("Virtual Payment
Mode") shall be separately governed by arrangement(s) / terms and conditions between the
User and the relevant banks or payment gateways. We shall not be responsible, in any manner
whatsoever, for any liability that may arise in relation to the Virtual Payment Modes
(including any fraudulent transaction).
3. While availing any of the Virtual Payment Modes available on the Website, we will not be
responsible or assume any liability, whatsoever in respect of any loss or damage arising
directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any
payment issues arising out of the transaction or (c) decline of such transaction for any
reason.
4. You understand, accept and agree that the payment facility provided by us, is neither a
banking nor financial service.
5. The Mind & Company reserves its right to revise the charges for Services, at any time,
without the requirement of any prior intimation to the User. Any such change shall be
binding and effective on the User.
5. Ownership of the Website
1. The Website contains content owned or licensed by The Mind & Company ("The Mind & Company
Content"). The Mind & Company owns and retains all rights in the The Mind & Company Content.
You will not remove, alter or conceal any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the The Mind & Company Content
and you will not reproduce, modify, adapt, prepare derivative works based on, perform,
display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the
The Mind & Company Content.
2. The The Mind & Company name and logo are trademarks of The Mind & Company, and may not be
copied, imitated or used, in whole or in part, without the prior written permission of The
Mind & Company. In addition, all custom graphics, button icons and scripts are service
marks, trademarks and/or trade dress of The Mind & Company, and may not be copied, imitated
or used, in whole or in part, without prior written permission from The Mind & Company.
6. Use of the Website and conduct
1. Use of the Website
1. You may use the Website for lawful purposes only. You shall not post or transmit through
the Website any material which violates or infringes the rights of others, or which is
threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or
instructions, which encourages conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable law.
2. You agree not to engage in any of the following prohibited activities: (i) copying,
distributing, or disclosing any part of the Website in any medium; (ii) transmitting spam,
chain letters, or other unsolicited email by making use of the Services or the Website; (iv)
attempting to interfere with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Website; (iii) taking any action that
imposes, or may impose in our sole estimation an unreasonable or disproportionately large
load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software
agents through the Website; (v) collecting or harvesting any personally identifiable
information, including account names, from the Website; (vi) using the Website for any
commercial purposes without having all necessary rights and licenses to the User Content
(defined below); (vii) impersonating another person or otherwise misrepresenting your
affiliation with a person or entity, conducting fraud, hiding or attempting to hide your
identity; (viii) interfering with the proper working of the Website; (ix) accessing any
content on the Website through any technology or means other than those capabilities
provided by the Website; or (x) bypassing the measures we may use to prevent or restrict
access to the Website, including without limitation features that prevent or restrict use or
copying of any content or enforce limitations on use of the Website or the content therein.
2. User Content Guidelines:
1. You are solely responsible for your conduct and any data that you submit, post or display
on or via the Website. The Mind & Company shall have no liability for conduct in relation to
your use of our Website. Violations of these Terms may result in legal consequences
prescribed by the applicable laws.
2. The Website provides Users the facility to create, share and post content (together,
"User Content"). The Mind & Company claims no ownership rights over User Content created by
you. The Mind & Company has the right (but not the obligation) in its sole discretion to
remove any User Content that is stored via the Website.
3. The Mind & Company takes no responsibility and assumes no liability for any User Content
that you or any other User or third party creates, stores, shares, posts or sends through
the Website. You shall be solely responsible for your User Content and the consequences of
posting, publishing it, or sharing it and you agree that we are only acting as a passive
conduit for your online distribution and publication of your User Content. If your Content
violates these Terms, you may bear legal responsibility for that content.
4. You agree not to post, store, transmit, create or share any User Content that: (i) may
create a risk of harm, loss, physical or mental injury, emotional distress, death,
disability, disfigurement, or physical or mental illness to you, to any other person, or to
any animal; (ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking
for personally identifiable details or otherwise; (iv) may constitute or contribute to a
crime or tort under applicable law; (v) contains any information or content that we deem to
be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing,
invasive of personal privacy or publicity rights, harassing, humiliating to other people
(publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi)
contains any information or content that is illegal (including, without limitation, the
disclosure of insider information under securities law or of another party's trade secrets);
or (vii) contains any information or content that you do not have a right to make available
under applicable law or under contractual or fiduciary relationships. You agree that any
User Content that you create, store, or share does not and will not violate third-party
rights of any kind, including without limitation any Intellectual Property Rights (as
defined below) or rights of privacy. The Mind & Company reserves the right, but is not
obligated, to reject and/or remove any User Content that The Mind & Company believes, in its
sole discretion, violates these provisions. For the purposes of these Terms, "Intellectual
Property Rights" means all patent rights, copyrights, mask work rights, moral rights, rights
of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights
and other intellectual property rights as may now exist or hereafter come into existence,
and all registered domain names protected under applicable law.
5. In connection with your User Content, you affirm, represent and warrant the following:
1. Your User Content and your use thereof as contemplated by these Terms and the Website
will not violate any applicable law or infringe any rights of any third party, including but
not limited to any Intellectual Property Rights or privacy rights.
2. To the extent that you use the Website for any commercial purpose and your User Content
contains any copyrighted material that is not your original work or in which you do not
otherwise own the copyright, you have obtained all rights, licenses, consents, and
permissions necessary in order to use that copyrighted material in connection with the
creation and/or dissemination of that User Content using the Website.
3. The Mind & Company may exercise the rights to your User Content granted under these Terms
without liability for payment of any guild fees, residuals, payments, fees, or royalties
payable under any collective bargaining agreement or otherwise.
4. The Mind & Company takes no responsibility and assumes no liability for any User Content
that you or any other User or third party creates, stores, shares, posts, sends or otherwise
makes available through the Website, whether directly or indirectly. You shall be solely
responsible for your User Content and the consequences of posting, publishing it, or sharing
it and you agree that The Mind & Company is only acting a passive conduit for the
distribution and publication of your User Content. If your User Content violates these
Terms, you may have to bear consequences under applicable law for such User Content.
7. Rights to User Content
If you share your User Content with The Mind & Company and/or link your User Content to
The Mind & Company on a third party service and/or post content on any social media page
owned and operated by The Mind & Company, you expressly grant and you hereby represent and
warrant that you have all rights necessary to grant to The Mind & Company a royalty-free,
sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to
use, reproduce, modify, publish, list information regarding, edit, translate, distribute,
syndicate, publicly perform, publicly display, and make derivative works of all such User
Content and your name, voice, and/or likeness as contained in your User Content, in whole or
in part, and in any form, media or technology, whether now known or hereafter developed, for
use in connection with the Website and The Mind & Company's (and its successors' and
affiliates') business, including without limitation for promoting and redistributing part or
all of our Website (and derivative works thereof) in any media formats and through any media
channels.
8. Disclaimers
1. The advice or information provided by experts via the Website is provided for
informational purposes only and cannot be considered a substitute for examination by a
doctor or other mental health professional. You are advised strongly against relying solely
on, or make decisions based solely on advice provided by any Expert.
2. You understand and agree that although a Expert may be a counsellor, therapist or other
mental health professional. The Mind & Company disclaims any and all liability for any
consultation and therapy services rendered by an Expert to you through the Website. You
further acknowledge and agree that you take full responsibility for the decision to access a
Expert through the Website and to continue to interact with such individual(s), and that the
role of The Mind & Company is strictly limited to providing access to such Experts to you.
3. Use of the Services is not for emergencies. If you think you have a medical or mental
health emergency, or if at any time you are concerned about your care or treatment, please
go to the nearest hospital or health care provider.
4. The Website is not a suicide helpline platform. If you are considering or contemplating
suicide or feel that you are a danger to yourself or to others, you may discontinue use of
the services immediately at your discretion and please notify appropriate police or
emergency medical personnel. If you are thinking about suicide, immediately call a suicide
prevention helpline such as Aasra (91-22-27546669).
5. Your use of information provided on the Website and availing of services on the Website
is solely at your own risk. The Mind & Company is not, and will not in any manner be
involved in the practice of medicine or the provision of medical care.
9. Privacy and security
1. You understand that by using the Website you consent to the collection, use and
disclosure of your Personal Information (as defined in the Privacy Policy) and aggregate
data as set forth in our Privacy Policy.
2. We endeavor to protect the privacy of your User account and other Personal Information
collected by us, but you understand that The Mind & Company cannot guarantee that
unauthorized third parties will never be able to defeat our security measures or use your
personal information for improper purposes. You acknowledge that you provide your Personal
Information at your own risk.
3. Your User account is protected by a password for your privacy and security. You need to
prevent unauthorized access to your account and Personal Information by ensuring that you
keep the login credentials of your User account confidential and limit access to your
computer or device and browser by signing off after you have finished accessing your User
account.
To know more about how we protect your Personal Information, read Clause 10 of our Privacy
Policy.
10. Warranty
1. The Website is provided on an "as is" basis, and use of the Website is at the User's
risk. To the maximum extent permitted by applicable law, the Website is provided without
warranties of any kind, whether express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, or non-infringement. No
advice or information, whether oral or written, obtained by you from The Mind & Company or
through the Website will not create any warranty not expressly stated herein. Without
limiting the foregoing, The Mind & Company, its subsidiaries, its affiliates, and its
licensors do not warrant that the content found on the website is accurate, reliable or
correct; that the Website will meet your requirements; that the Website will be available at
any particular time or location, uninterrupted or secure; that any defects or errors will be
corrected; or that the Website is free of viruses or other harmful components. Any content
downloaded or otherwise obtained through the use of the Website is downloaded at your own
risk and you will be solely responsible for any damage to your computer system or mobile
device or loss of data that results from such download or your use of the Website.
2. The Mind & Company does not warrant, endorse, guarantee, or assume responsibility for any
product or service advertised or offered by a third party through the Website or any
hyperlinked website or service, and The Mind & Company will not be a party to or in any way
monitor any transaction between you and third-party providers of products or services.
11. Exceptions and limitations
1. The Mind & Company does not make any representation or warranty as to the quality or
value of the Services offered on the Website, or availability of Expert(s). The Mind &
Company does not implicitly or explicitly support or endorse any services on the Website.
The Mind & Company shall not be liable for any errors or omissions, whether on behalf of
itself or third parties.
2. While The Mind & Company carries out background checks and verifications on all Experts,
you understand and acknowledge that The Mind & Company does not endorse, recommend, warrant
or guarantee to qualifications, expertise, claims or background of any Expert, or any
service, advice, opinion, recommendation provided by an Expert. Nothing contained in these
Terms, the Website or on any third party site shall be considered as an endorsement,
recommendation, referral, verification, warranty or guarantee with respect to (a) any
Expert; (b) the Website or (c) any service, advice, opinion, recommendation made available
via the Website or (d) the validity, accuracy, availability, completeness, safety, legality,
quality or applicability of any information made available via the Website.
3. You acknowledge that there will be occasions when the Website may be interrupted,
including, without limitation, for scheduled maintenance or upgrades, for emergency repairs,
or due to failure of telecommunications links and/or equipment.
4. You agree that The Mind & Company is not responsible for, and does not endorse User
Content posted within the Website. The Mind & Company does not have any obligation to
prescreen, monitor, edit, or remove any User Content. If your User Content violates these
Terms, you shall be solely responsible for all consequences under applicable law with
respect to such User Content.
5. The Mind & Company reserves the right to remove any User Content from the Website for any
reason, without prior notice. User Content removed from the Website may continue to be
stored by The Mind & Company, including, without limitation, in order to comply with certain
legal obligations imposed by applicable law, but may not be retrievable without a valid
court order. The Mind & Company will not be liable to you for any modification, suspension,
or discontinuation of the Website, or the loss of any User Content.
6. We may, without prior notice, change the Website, stop providing the Website or features
of the Website, to you or to Users generally, or create usage limits for the Website. We may
permanently or temporarily terminate or suspend your access to the Website, or delete any
User Content without notice and liability for any reason, including if in our sole
determination you violate any provision of these Terms, or for no reason. Upon termination
for any reason or no reason, you continue to be bound by these Terms.
12. Termination
The Mind & Company may terminate these Terms for any reason at any time. The Mind &
Company reserves the right, in its sole discretion, to restrict, suspend, or terminate your
access to and use of the Website, with or without prior notice. Otherwise applicable
sections of the Terms shall survive termination. In addition to any termination rights, we
reserve the right to enforce and prosecute any violations of these Terms. You may terminate
these Terms at any time by deleting your User account.
13. Third-party links
1. The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are
not under the control of the Company. We are not responsible for the content of any Linked
Site, including, without limitation to, any link contained in a Linked Site, or any changes
or updates to a Linked Site.
2. We are not responsible for any form of transmission, whatsoever, received by the User
from any Linked Site. We are providing these links only for convenience, and the inclusion
of any such link does not imply endorsement by the Website, of the Linked Sites or any
association with its operators or owners including the legal heirs or assigns thereof.
3. On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy
and such other additional policies of the Linked Sites. You further acknowledge and agree
that we shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or reliance on any such
content, advertising, products, services or other materials available on or through any
Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods,
obscene content, pornographic material, or any profanity contained therein.
14. Indemnification
1. You shall indemnify and hold us harmless from and against any and all losses, damages,
settlements, liabilities, costs, charges, assessments and expenses, as well as third party
claims and causes of action, including, without limitation, attorneys' fees, arising out of
any breach by you of any of these Terms, or any use by you of the Website. You shall provide
us with such assistance, without charge, as we may request in connection with any such
defence, including, without limitation, providing us with such information, documents,
records and reasonable access to you, as we deem necessary. You shall not settle any third
party claim or waive any defence without our prior written consent.
2. In the event of a dispute regarding any transaction conducted via the website, you hereby
relieve The Mind & Company, its affiliates, their respective officers, directors,
shareholders, employees, sub-contractors and agents from all manner of actions, claims or
demands and from any and all losses (direct, indirect, incidental or consequential),
damages, costs or expenses, including, without limitation, court costs and attorneys' fees,
which member may have against one or more of the above.
15. Limitation of liability
1. In no event will The Mind & Company or its affiliates or any party involved in creating,
producing, or delivering the website be liable for any direct, incidental, consequential,
indirect, special, or punitive damages arising out of your access, use, misuse, or inability
to use the website or any linked sites, or in connection with any failure of performance.
These limitations apply whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if The Mind & Company has been
advised of the possibility of such damage.
2. By use of the Website and the Services, the User acknowledges that he/she is solely
responsible for any and all actions, liabilities, consequences, decisions, behaviours
("Conduct") arising out of or in connection The Mind & Company and/or its affiliates
responsible for such Conduct.
16. Dispute Resolution
1. In the event of any dispute, controversy or claim arising out of or relating to this
Agreement or any subsequent amendments to this Agreement including, without limitation, the
breach of the terms hereunder, termination, validity or invalidity thereof, or any
non-contractual issues relating to this Agreement (each, a "Dispute"), each of the Parties
will appoint a designated officer to meet for the purpose of endeavouring to resolve such
Dispute amicably or to negotiate for an adjustment to such provision.
2. All Disputes, which are not settled pursuant to the issue resolution procedures set forth
in Clause 14.1.1 above, will be referred and settled by final and binding arbitration by a
sole arbitrator mutually appointed by the Parties in accordance with the Indian Arbitration
and Conciliation Act, 1996 as amended from time to time, and the seat of arbitration shall
be at Bengaluru.
17. Governing law
This Agreement shall be governed by the laws of India, and subject to Clause 14.2 above,
the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute
arising hereunder.
18. Grievance officer
In accordance with Information Technology Act, 2000 and rules made there under, the name
and contact details of the 'Grievance Officer' are provided below:
Name: Richa Singh
Phone No: 8047097654
E-mail Address: support@themindandcompany.com
Postal Address: #2739, 1st Floor, 15th Cross, 27th Main Rd, Sector 1, HSR Layout, Bengaluru,
Karnataka - 560102.
19. Miscellaneous
1. Survival: In the event of termination or expiration of these Terms for any reason, any
provisions of these Terms that by their nature should survive termination of these Terms
will survive termination of these Terms, unless contrary to the pertinent provisions herein
stated.
2. Severability: If any term or provision in these Terms is held to be either illegal or
unenforceable, in whole or in part, under any enactment or rule of law, such term or
provision or part shall to that extent be deemed not to form part of these Terms, but the
validity and enforceability of the remainder of these Terms shall not be affected.
3. Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence,
or other portion thereof should be held to be unenforceable or invalid for any reason, then
provided that the essential consideration for entering into these Terms on the part of any
Party is not unreasonably impaired, such provision or portion thereof shall be modified or
deleted in such manner as to render these Terms as modified legal and enforceable to the
maximum extent permitted under applicable laws.
4. No Waiver: No delay or omission by either Party hereto to exercise any right or power
occurring upon any noncompliance or default by the other party with respect to any of the
terms of these Terms shall impair any such right or power or be construed to be a waiver
thereof. The terms and conditions of these Terms may be waived or amended only in writing or
mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the
covenants, conditions, or agreements to be performed by the other shall not be construed to
be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement
herein contained (whether or not the provision is similar).