By mere use of and/or access to the Platforms, Users understand that they are contracting with UNITEDWECARE. Users also understand that UNITEDWECARE shall remain the sole owner of the Platforms.
In these Terms and Conditions, references to:
“Platform” means the website(s), apps, tools, platforms and/or other devices of www.unitedwecare.com and its affiliated companies and business partners on or through which the Service is (made) available
“Services” shall include but not be limited to:
- services made available for Users, for license, for a fee, including any online services and other web-based services identified on the services list;
- services also include consulting, counseling, job search/and application, undertaking various psychometric test(s) pertaining to depression, anxiety, stress etc., and other services or advice provided through the Platforms including voice assistance provided through Stella AI Chatbot on the Platform; and
“Stella AI Chatbot” shall mean an artificial intelligence based chatbot which through comprehension of natural language holds a preliminary conversation with the User according to each User’s relevant specifications. It also facilitates the conducting of various tests, assessments, and screeners for the Users of the Platform.
“User(s)” mean persons availing of the UNITEDWECARE Services (as defined above), directly or indirectly.
“User Account” shall have the meaning ascribed to it under section 3.1 here in below.
Legal Capacity and Age of Consent: Apart from the feature/functionality of booking sessions on the Platform, Our Services are accessible by all Users of any age. The feature/functionality of booking sessions is only accessible if You are at least 18 years of age and resident of India or Canada. Accessibility is limited only to those who are not prohibited from entering into a contract of service of this kind by laws applicable in their competent jurisdiction. With this understanding, You specifically agree that at the time of booking sessions on the Platform, you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract.
USE OF THE PLATFORM THROUGH STELLA
- To enable You to provide better Services, We have also included on Our Platform Stella AI Chatbot which will be used to automatically hold a conversation with the User. In this regard, Stella AI Chatbot using artificial intelligence and comprehension of natural language will give answers to phrases (questions) according to the User’s relevant specifications. The conversation with Stella AI Chatbot is deemed to have been commenced from the moment User writes on the window chat or when by opening the window chat the Stella AI Chatbot executes an action, such as bring information through an integration or open an Ad (proactive tool). Please note that User is deemed to have acknowledged and accepted all conditions, warranties, risks, liabilities, disclaimers, etc. with respect to the Stella AI Chatbot at the time of downloading/accessing the Platform.
- The User can have unlimited interaction with Stella AI Chatbot, however, the interaction will be deemed to be ended in the following cases: (i) inactivity of User for a term of 5 (five) minutes; (ii) rerouting the conversation to another channel such as telephone operator etc.; (iii) active option to end the conversation in the chat window. Further, each time that a User closes the browser/window of the browser wherein an active conversation is ongoing with Stella AI Chatbot, the conversation with Stella AI Chatbot will be deemed to have ended. Each time that a User starts a conversation with Stella AI Chatbot after it has been deemed to have ended for any of the aforementioned reasons, the User shall be deemed to have started a fresh conversation with Stella AI Chatbot. Whenever a User starts a fresh conversation with Stella AI Chatbot, a User will not have access to any previous conversations that the User might have had with Stella AI Chatbot.
- Your interaction with Stella AI Chatbot is with an artificial intelligence chatbot and not a human. Stella AI Chatbot is restricted in the manner of response and its intended use is for the purpose of providing the firsthand information available pertaining to the concern raised by the User. Stella AI Chatbot is not in any way intended to provide diagnosis, treatment and cure of any issue, disease, disorder and illness. The tests conducted by the Stella AI Chatbot have been clinically approved and tested. Stella AI Chatbot is only a facilitator for the Users to access and undertake the tests, assessments and screeners. Stella AI Chatbot does not guarantee any specific outcome of the tests, assessment and screeners, and is not responsible for any outcome thereof. The results and the analysis of the Stella AI Chatbot are only indicative, and not conclusive in nature. Stella AI Chatbot uses some worksheets and descriptions for conducting the tests, assessment and screeners on the Platform. Stella AI Chatbot shall not be responsible for any claims arising out of the content of these worksheets and descriptions. Stella AI Chatbot cannot and will not offer advise or information on the concerns or issued raised by You that is not recognized by Stella AI Chatbot.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If You have joined the Platform through a referral program of Your employer, You shall be bound by the applicable terms and conditions of arrangement of the referral program entered into by Us and Your employer. We do not share Your personal data and the results of the tests, assessment and screeners of the Users which have joined through a referral program with Their employers. We only share the anonymized analytical data of the Users with Their employers, which has arrived upon after conducting some tests, assessments and screeners of the Users. We are not responsible for any outcome/consequences of the tests, assessments and screeners which may have a positive or a negative outcome. You hereby agree that any claims with respect to your usage of the Platform (which has been through a referral program) shall lie exclusively with Your employer, and We shall not be liable for any damages and claims arising out of usage of the Platform by You.
- You agree that You shall not (i) select or use as a username, a name of another person with the intent to impersonate that person; (ii) use as a username, a name that is otherwise offensive, vulgar or obscene. The UNITEDWECARE reserves the right to refuse registration of or cancel a username in its sole discretion. You will be solely responsible for any and all activity that takes place in or through Your account.
- Your contact number, as made available to Us, is treated as Your primary identification on the Platform. It is Your responsibility to ensure that the contact number provided on the Platform is valid and remains updated at all times. You agree to promptly notify the mobile phone number and/or e-mail address in case of any change therein, by updating the same on the User Account through a onetime password verification.
- You fully acknowledge and understand that You shall be solely liable and responsible for all the activities undertaken under Your Account and any consequences therefrom.
REGISTRATION CHARGES AND SUBSCRIPTION
- UNITEDWECARE does not charge any fee for browsing/ accessing the Platform and is thus free for its User(s), however, UNITEDWECARE reserves the right to change its fee policy, from time to time.
- UNITEDWECARE reserves the right, at its sole discretion, to introduce new Services and/or modify some or all the existing Services offered on the Platform(s). In such an event, UNITEDWECARE reserves the right to introduce a fee for the new/ existing Service(s) offered or Service(s) modified, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall become effective immediately.
- Unless otherwise stated, all fees shall be quoted and paid in US Dollars (USD), but in Indian Rupees (INR) for users within India. Additionally, all payments shall be subject to deductions/taxes/levies as may be applicable under local laws.
- Your Subscription, purchased through Apple iTunes, will be automatically renewed until Your subscription is cancelled. It is solely Your responsibility to cancel, which can be done at any time from Apple iTunes.
- Cancelling Your subscription, purchased through Apple iTunes, depends on Your payment method. Here is the way to cancel: iTunes: https://support.apple.com/en-us/HT202039
- The Fees payable by the User for the subscription purchased are fixed and accordingly, You can use the services as little or as much as You like, but You shall pay for the month regardless of how much You choose to use the Services.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information on the Platforms is not guaranteed to be correct, complete or up to date. The material and information provided on the Platforms are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platforms are at Your own risk. The Platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right (not being an obligation) to modify the contents of the Platforms at any time and it shall be Your responsibility to monitor changes to the Platform.
When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically or as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
You also acknowledge and agree that the telephonic conversations through the Platforms may be recorded solely for quality assurance and training purposes.
RENDERING OF SERVICES
- As part of the Services, We also provide psychometric tests pertaining to various mental status including (but not limited to) depression, anxiety, stress, marital advice, etc. that can be used as part of the assessment process as listed in detail on the Platform. These tests have been designed to assess the intelligence, logic, reasoning ability, numerical ability, verbal ability, etc. of the Users. These tests can be used by the User as per their needs and requirements. However, We do not take any responsibility for the results and outcomes generated through these psychometric tests and therefore, UNITEDWECARE does not undertake any sort of liability for the outcomes generated through these psychometric tests.
- Prior to availing the requisite service(s) listed on the Platforms, the User will be directed to provide relevant information including but not limited to name, mobile number, e-mail address and details of the issue being faced. User assures and affirms that the aforesaid information provided is correct, complete and accurate. Any failure in receiving the necessary service(s) arising out of the User’s failure to provide correct, complete and accurate information shall not be attributable to UNITEDWECARE and consequently, UNITEDWECARE shall not be held liable at any point in time.
- We at our sole discretion, reserve the right to cancel any and/or all kinds of Service (s). In the event of such cancellation, We shall refund the amount (after any applicable deductions, if any) paid by the User for the Service(s) cancelled or not availed due to such cancellation.
- While We will make reasonable efforts in ensuring the delivery of Service(s) to the User in a timely manner, the User understands that delivering the same may sometimes be delayed on account of:
- Reasons and issues beyond Our control;
- Unsuitable/intermittent connectivity conditions;
- Disruptions in data or telecom networks by default of third party, etc.;
- Acts of God such as floods, earthquakes, etc.; and
- Any other unforeseen circumstances beyond Our control.
- In such events of delay as laid out in clause 9.4 above, We shall make all reasonable efforts to intimate the User in writing, on her mobile number and/or registered email. We disclaim all liabilities that may arise on account of failure to intimate User of anticipated delays in delivering the Service(s) availed through the Platform. Further, We shall be under no obligation to compensate User for any mental agony or any tortuous claim that may otherwise arise on account of a delay in providing the Service (s).
USE OF THIS PLATFORM
- This Platform is for User’s personal use. User shall not copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information (including the content hosted on the Platform such as articles, audio clips, videos, etc.), software, products or services obtained from this Platform whether printed, visual, electronic, e-mail forwarding, digital transmission, scanned, website re-cycled or any other form of material except where expressly noted that the material is available for such purpose. As a condition of User’s use of this Platform, User hereby warrant that User will not use this Platform for any purpose that is unlawful or prohibited by these Terms and Conditions of Use or otherwise.
- User further agrees and acknowledges that any unauthorized or unlawful use of this Platform would result in irreparable injury to UNITEDWECARE for which monetary damages may be inadequate, and in such event UNITEDWECARE, shall have the right, in addition to other remedies available at law and in equity, to obtain immediate injunctive relief against User. Nothing contained in these Terms and Conditions of Use shall be construed to limit remedies available pursuant to statutory or other claims that UNITEDWECARE may have under separate legal authority.
- UNITEDWECARE reserves the right to refuse Service to anyone for any reason at any time.
- Users (s) understand that the content (not including credit card information of any User), may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- UNITEDWECARE reserves the right to add, amend or discontinue, temporarily or permanently, any of its Services (or any part thereof) in future offered through the Platform or the design and functionality of the Platform, with or without notice and/or reason(s). User agrees that UNITEDWECARE shall not be liable either to User or to any third party for any modification, suspension or discontinuance of any of the Services including without limitation any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.
MODE OF PAYMENT
- You acknowledge that payment made by net banking / debit card / credit card / mobile wallets (if any) would be in accordance with the prevailing guidelines issued by the Reserve Bank of India or the Central Government as the case may be, including guidelines relating to know-your-customer norms / anti-money laundering and combatting of financing of terrorism. Further, We will not be liable for any charges occurring due to dishonour of payment instructions.
- UNITEDWECARE does not implicitly or explicitly support or endorse the sale or purchase of any Services on the Platform. UNITEDWECARE accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
PROHIBITED ACTIONS FOR USERS
We outrightly prohibit You from the following actions:
- use the Platforms for any purpose other than as expressly permitted by Us.
- not to hold Us responsible for any links to other websites or application which are beyond Our control.
- not to hold Us responsible for the third-party advertisements that may be placed/made use of on the Platform. You acknowledge that such advertisements are placed by third parties and We are not directly or indirectly responsible for such advertisement or for any links contained therein.
- not to unauthorize Us from using the user generated content on the Platform for any of the business purposes, even following the termination of Your registration.
- post on the Platform any content, whether or not containing links, for any of Our competitor.
- the Platform or any portion of this Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of UNITEDWECARE. You may not systematically extract and/or re-utilise parts of the contents of the Platform without the express written consent of UNITEDWECARE. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the Platform without the express written consent of UNITEDWECARE.
- collect, post or submit on this Platform any incomplete, fictitious, false or inaccurate information.
- aggregate, copy or duplicate in any manner any content or information available from this Platforms.
- upload, share or otherwise distribute any text, graphics, images, videos or data which victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
INTELLECTUAL PROPERTY RIGHTS (IPR) RESTRICTION
- This site is controlled and operated by UNITEDWECARE. All material on this site and/or the Platforms, including (but not limited to) assistance/service provided by Stella AI Chatbot, articles, posts, blogs, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, trade secrets, and other intellectual property rights thereon, all of which vest exclusively with UNITEDWECARE. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other intellectual property rights, and is strictly prohibited. Any use for which You receive any remuneration, whether monetarily or otherwise, is construed as a commercial use for the purposes of this clause and UNITEDWECARE shall hold you accountable and liable for infringement of trademark, copyright, trade secrets and other intellectual property rights under the relevant prevailing laws in India.
- The User confirms and undertakes not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform. The User further agrees to indemnify and hold Us, Our directors, employees, affiliates and assigns harmless against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform, by User or through the User’s commissions or omissions.
We may, in certain exceptional circumstances and at our sole and absolute discretion, refund the amount to the User after deducting applicable charges and taxes, if any. Such exceptional circumstances are provided here in below:
- In the event of any excess payment towards the Services has been made by the User due to any technical glitch on the Platform or payment gateway.
- Subject to clause 15.1 above, all monies payable to UNITEDWECARE by the User(s) on consummated transactions, i.e., exchange of Services for consideration, are final and non-refundable. UNITEDWECARE will not be liable to process the refund of any paid amount in the event of any unsatisfactory Services.
RELEASE AND LIMITATIONS OF LIABILITY
- Users shall access the Platform voluntarily and at their own risk. We shall under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to and/or use of the Platform, including claims based on malpractice.
- By accessing the Platform, Users hereby release from and agree to indemnify Us, and/or any of Our directors, employees, partners, associates and licensors, against all liability, cost, loss or expense arising out of their access to the Platform including but not limited to personal injury and damage to property, whether direct, indirect, consequential, or foreseeable, caused due to any negligent act or omission on their part, or otherwise.
GOVERNING LAW AND DISPUTE RESOLUTION
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Gurugram.
You shall be responsible for payment of all fees/costs/charges associated with availing of Services from Us and You agree to bear any and all applicable taxes including but not limited to GST, duties, cess etc.
- We may be required under applicable law, to notify Users of certain events. User hereby acknowledges and consents that such notices will be effective upon Our posting them on the Platform or delivering them to the User through the email address provided by the User at the time of registration. User (s) may update their email address by logging into their account on the Platform. If they do not provide Us with accurate information, We shall not be held liable for failure to notify the User.
- We shall not be liable for any delay or failure to perform resulting from causes outside Our reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
- Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within 15 (fifteen) days of such claim or cause of action arising or be forever barred from making the claim.
- We reserve the right to moderate, restrict or ban the use of the Platform, specifically to any User, or generally, in accordance with Our policy/policies amended from time to time, at Our sole and absolute discretion and without any notice.
- We may, at Our sole and absolute discretion, permanently close or temporarily suspend any services provided on the Platform.
- Unless otherwise explicitly specified, We are not affiliated in any way to and claim no association, in any capacity whatsoever, with any organization, association, institution, business, trust, authority, governing bodies and leagues, whether local or national or international.
- In no event, UNITEDWECARE shall be liable to any User on account of such User’s use or reliance on Stella AI Chatbot, for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for tort (including negligence), even if UNITEDWECARE is aware of or has been advised of the possibility of such damage, arising out of or connected with the use or performance of the Stella AI Charbot. UNITEDWECARE does not assume any legal liability or responsibility for the accuracy, completeness or usefulness of any information disclosed or provided by Stella AI Chatbot.
- All such information is provided “as is” without warranty of any kind. UNITEDWECARE hereby disclaim any warranties and conditions with regard to the information provided by Stella AI Chatbot and in no event shall UNITEDWECARE be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the access or use of Stella AI Chatbot on the Platform.
- The User assumes all responsibility and risk associated, if any, for the use of the Stella AI Chatbot on the Platform and will independently judge whether the information or advice being provided by Stella AI Chatbot is accurate and will work best for the User or not.
- To the extent permitted under law, We shall not be responsible for any harm resulting from downloading or accessing any information or material vide the Platform, the quality of servers. We disclaim any responsibility for any technical glitches on the servers or the technology that underlies Our Platforms, failures by service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of Our facilities, acts of nature, war, civil disturbance, or any other cause beyond Our reasonable control, which affect the functioning of the Platform(s). In addition, We do not provide any warranty as to the content on the Platform.
- Any material accessed, downloaded or otherwise obtained through Us and/or the Platform shall be User’s sole discretion, competence, acceptance and risk. The User will be solely responsible for any potential damage to User’s computer system/mobile or loss of data that results from a User’s download of any such material.
- We shall make best endeavors to ensure that the Platform and experience through it is error-free and secure, however, neither We nor any of Our partners or associates make any warranty that:
- the Platforms will meet Users’ requirements;
- The Platforms will be uninterrupted, timely, secure, or error free;
- the listings on the Platform will be accurate or reliable; and
- the quality of Services, information, or other material that Users avail or obtain through the Platform will meet Users’ expectations.
- To the extent permitted under law, neither We nor our partners or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use Our website/mobile application, even if We have been advised of the possibility of such damages.
CONTACT AND COMPLAINT
United For Her Private Limited, Tower 2-9A,
Sector 50, Gurugram, Haryana 122018,
- A complaint or concern may also be raised through an email to [email protected].
- The Feedback, compliant or concern shall be deemed to be non-confidential and non-compensatory in nature. UNITEDWECARE reserves the right, at its sole discretion to use such information in any manner as may be deemed appropriate by UNITEDWECARE and such use shall be entirely unrestricted.
- User further represent and warrant that while posting any Feedback for the Platforms, User shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, User shall not post any content on any part on the Platform that is obscene, pornographic and that all such Feedback will be in accordance with the applicable law.