TERMS OF USE
This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records in various statutes as applicable and amended from time to time, and is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 which mandates the publishing of rules and regulations, privacy policy and the terms and conditions for access or usage of the UNITEDWECARE platforms, namely, http://www.unitedwecare.com (“Website”), and UNITEDWECARE mobile application (“Application”) for Android and iOS devices (hereinafter collectively referred to as the “Platforms”) and mobile based and/or web browser based AI chatbot service functioning in the name of ‘Stella’ (“Stella AI Chatbot”). By visiting or accessing the Platforms, you accept the conditions of use. Please read them carefully.
For the purpose of these Terms of Use, wherever the context so requires, “You”, “Your” and “User (s)” shall mean any natural or legal person who has agreed to become a service recipient on the Platform by visiting or accessing the Platform(s) and Stella AI Chatbot on the Platform. The terms “UNITEDWECARE”, “We", "Us", "Our" shall have the meaning as United For Her Private Limited, a non-government, private limited company duly incorporated under the Companies Act 2013 and having its registered office at Tower 2-9A, Sector 50, Gurugram, Haryana 122018 India., and its affiliates. (hereinabove & hereinafter referred as “UNITEDWECARE”)
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.
The Users by using/ accessing the Platforms and by providing any information through the Platforms, impliedly or expressly, hereby accept these Terms of Use and enter into a binding contract with UNITEDWECARE. It is thereby acknowledged that the Users have read, understood these Terms of Use and are bound by them, regardless of how the Users or anyone on the User’s behalf has accessed or used on the Platforms. If the User does not want to be bound by the Terms of Use, they must not retain, access and/or use the Platform in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly, in contravention of these Terms of Use, may render the User liable for legal action.
Downloading Our mobile application from Google Play Store or Apple App Store, the User will also be subject to Google Play Terms of Service or Apple App Store Terms of Service, respectively. If there is any conflict between Google Play Store Terms of Service or Apple App Store Terms of Service and these Terms of Use with respect to a User’s use of the android and/or iOS mobile platform application, then, these Terms of Use shall prevail.
DEFINITIONS
In these Terms and Conditions, references to:
“Platform” means the website(s), apps, tools, platforms and/or other devices of 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 any service that the Service Professional provides to UNITEDWECARE on the line reservation system of the Website or Application through which Service Professionals can make their services available for reservation, and through which Users can make reservations for such services, the facilitated payment, customer service and the communication service.
“Service Professional(s)” shall mean the professionals listed on Platforms partnered and catered with UNITEDWECARE for providing and/or delivering Services to User (s) from time to time.
“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)” shall mean an individual who are resident in India.
“User Account” shall have the meaning ascribed to it under section 3.1 hereinbelow.
ELIGIBILITY
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. 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
REGISTRATION CHARGES
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.
In addition to the service fees payable to a Service Professional(s) to enable a booking, Users will also be charged a convenience fee upon booking of an appointment with such Service Professional(s) for the Services booked and obtained through the Platform(s).
UNITEDWECARE reserves the right, at its sole discretion, to introduce new Services and/or modify some or all of 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 Indian Rupees and all payments shall be subject to deductions/taxes/levies as maybe applicable under law. You shall be solely responsible for compliance of all applicable laws including for making payments to Service Professional (s).
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.
COMMUNICATIONS
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 for the purposes of booking an appointment with any Service Professional, may be recorded solely for quality assurance and training purposes.
RENDERING OF SERVICES
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 agree and acknowledge that any unauthorized or unlawful use of this Platform would result in irreparable injury to the 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.
GENERAL CONDITIONS
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
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.
INTELLECTUAL PROPERTY RIGHTS (IPR) RESTRICTION
This site is controlled and operated by UNITEDWECARE and Services rendered by respective Service Professionals. 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.
REFUND POLICY
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 hereinbelow:
Subject to clause 14.1 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 obtained from Service Professional(s).
In the event that the User fails to attend any appointment/meeting with the Service Professional at the time specified for the appointment/meeting, the User will not be entitled to any refund in respect of the session booked by the User. Subject to clause 14.1 above, UNITEDWECARE will not be liable to refund any amount to the User for its failure to attend the appointment/meeting with the Service Professional at the time specified for the appointment/meeting.
RELEASE AND LIMITATIONS OF LIABILITY
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.
TAXES
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.
WAIVER
Any failure or delay by a party to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. To clarify, if a User breaches any of these conditions and We do not initiate any action against the same, We will still be entitled to use our rights and remedies in any other situation where You breach these conditions. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
MISCELLANEOUS
DISCLAIMERS
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.
WE ARE NO WAY, DIRECTLY OR INDIRECTLY RESPONSIBLE FOR THE ADVICE AND ASSISTANCE PROVIDED BY THE SERVICE PROFESSIONALS. WE ARE AN INDEPENDENT THIRD PARTY ENABLER WHO HAVE BUILT AND PROVIDED YOU WITH A PLATFORM WHERE USERS CAN COMMUNICATE WITH, AND IF NEED BE, MEET THE SERVICE PROFESSIONALS. WE DO NOT HAVE ANY CONTROL OVER THE SERVICES PROVIDED BY THE SERVICE PROFESSIONALS, AND THUS, CANNOT BE HELD RESPONSIBLE INCASE OF ANY ISSUES/DISCREPANCIES WITH THE SERVICES PROVIDED BY THE SERVICE PROFESSIONALS.
The Platform has multiple Service Professionals for the same practice area and there might be instances wherein a same/similar query has been answered in different ways by the Service Professional(s). We take no liability towards these different opinions and answers of the Service Professional(s) and encourage You to take a separate independent opinion/ alternately decide which opinion to go ahead with based on merits and logical conclusions.
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, Service Professional (s) or associates make any warranty that:
To the extent permitted under law, neither We nor our partners, Service Professional (s) 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.
No representation is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other Service Professionals. We urge all Users to make their own independent investigation and evaluation of any Service Professional being considered.
CONTACT AND COMPLAINT
In the event the User has any questions, feedback, suggestions, experience, comments and requests (“Feedback”) regarding these Terms of Use such respective User may address the same to the designated grievance officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of the Privacy Policy or Terms of Use or any other policy can be directed to the designated officer in writing and the details are as follows:
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 contactus.india@unitedwecare.com.
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.
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Hi,
My name is Stella.
I am your Mental Health virtual assistant