This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder, and the applicable and 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.
Any reference to “you” or “your” or “user” or “customer” (if applicable) refers to you as a user of the Platform and/or the Services; any reference to “we”, “our” and “us” shall refer to the Company. Please read the Agreement carefully before you start to use the Platform. You and we are collectively referred to as “Parties”.
In consideration of your use of the Platform and the Services, you agree to comply with all the provisions of the Agreement.
You must be 1) at least 18* years of age (* see “Note” at bottom of page); or 2) at least 12 years of age and have parent or legal guardian consent and supervision to use this application and/or participate in iDare’s Program. By using this application and/or participating in iDare’s Programs You are agreeing to the terms and conditions of the Agreement and warrant and represent that You are at least 18* years of age or are at least 12 and have consent from and are under supervision in use of a parent or legal guardian. You may not use the application or participate in iDare’s Programs 1) if You do not agree to the terms and conditions of the Agreement; or 2) if you are not at least 18* or at least 12 years of age and have parent or legal guardian consent and supervision. The Application content is NOT appropriate for anyone under 12. By using the Application, You also represent and warrant that you have the right, authority and capacity to enter into this Agreement. Be advised that persons under that Age of Majority (* see “Note at bottom of page) typically cannot enter into legal agreements. The Application is available to adults in the India and all other countries. Any misstatements and/or misrepresentations regarding the age, background, experience of any user of this Application are not the responsibility of iDare. iDare makes no claims concerning whether the Application, Program or Content may be viewed or downloaded or are appropriate for use outside of the India. If you access the Application from outside of the India, You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Note: If age 18 is not the “Age of Majority” in Your (the User or Participant) Country, then the age “18” herein is replaced with the Age of Majority in Your Country or place of residence. Please check Your Country’s or place of residence requirements for Age of Majority.
If you are a minor or otherwise ineligible to enter into a contract under the applicable laws, then please access and use the Platform only with prior permission of your legal guardian. The Company shall not be responsible or liable to any loss or damage caused to you on that account.
By accessing and using the Platform and the features, functionalities and content, you acknowledge and agree that you have read and understood the Agreement and shall not claim invalidity of the same on any ground whatsoever. For the aforesaid purposes, ‘Acceptance’ shall mean your affirmative action in clicking on ‘check-box’ or on the ‘continue’ button as provided on the sign-up/registration page or any such other similar actions, including access or use of Services, that implies your acceptance.
Certain information and/or services available on the Platform may be suitable for use and access only under adult supervision and user discretion is warranted. The Company shall not be responsible or liable to any loss or damage caused to you on that account.
No information provided on the Platform should be treated as an offer, solicitation, invitation, advice regarding any Services of the Company. The use of the Platform by you is subject to this Agreement, any and all applicable laws and government notifications, rules, regulations and guidelines issued by regulatory and/or governmental and/or statutory bodies. By visiting the Platform, you agree to permit the Company to communicate with you, from time to time, about its Services and offerings, unless you decide to unsubscribe from receipt of such communications by following the instructions stated in said communications.
This Agreement is and shall be deemed to be concluded and executed between you and the Company at Bengaluru, Karnataka, India.
Description of Services
The Company has created an online platform focused and dedicated to safety, protection, and support of vulnerable persons against any form of abuse, harassment, and violence, both mental and physical and provide related services, including but not limited to, providing information, resources, and support for anyone dealing with mental health issues or physical, sexual, or mental abuse and/ or other related matters. The Services available on the Platform comprise of access to Curated Content, identified safe locations, call-chat support and pool of various service providers in the relevant fields. The Platform further allows the users to access and engage in affordable workshops, self-defence and fitness classes, mental and legal counselling.
The Services provided by the Company to you under the Agreement shall be: (i) provided on a non-exclusive basis; (ii) used by the user only for lawful activities; and (iii) non-transferable and non-assignable by the user whether directly or indirectly.
The key Services made available on the Platform in relation to mental health issues or physical, sexual, or mental abuse and/ or other ancillary matters are as follows:
Under this category of Service, you can access certain Curated Content (“Curated Content”) made available by the Company on the Platform. Such Curated Content may include articles, personal experiences, real-life stories, poems, videos or any other content.
The Curated Content provided to you through the Platform is prepared or developed by either, the in-house team of the Company or third party vendors, or have been provided via links to other websites and platforms. Not all Curated Content is owned by the Company. All the Curated Content will, to the extent possible, carry references with respect to the source of the important information and the facts, as may be mentioned in the Curated Content.
You should note that while all efforts have been made by the Company to verify the accuracy, correctness and completeness of the Curated Content, the Company cannot guarantee accuracy, correctness and completeness of the same and such information shall only be used by you for general knowledge and awareness purposes only.
Under this category of Service, the Company, through its’ in-house team, provides direct and generic support and advice with respect to the queries placed by you using the chat and/ or call feature that is be available on the Platform, from time to time. All advice and information provided to you with respect to your query are strictly based upon the information provided by you to us.
As part of advice and information mentioned herein, we may, either make suggestions to you for taking professional advice or provide references of certain organisations, or a combination of both, working in the relevant field. All information about such organisations is based upon the publicly available data and the Company does not guarantee any accuracy, adequacy, relevancy, validity, reliability, availability or completeness of any such information.
All such advice and information provided through the Platform under this category is generic and preliminary, based on view of the situation at hand and should not, under any circumstances whatsoever, be construed complete, relevant and/or legal/professional advice.
The free chat/ call feature/ functionality on the Platform is meant only to provide generic advice on the queries provided by you and other related matters. The advice provided by our support team should not be substituted for considered legal and/or professional advice. No advice is or should be treated as a recommendation.
Please be aware that the Company is mandated to report all cases of child sexual abuse to appropriate authority. The company may not seek your prior approval in such instances.
Under this category of Service, the Company has identified certain public or other institutions where some help or assistance may be expected in the event of any distress or other emergency situations (“Safe Zone”). Such Safe Zones are generally public institutions like hospitals, police stations or office of organisation working for women rights, child rights or other human rights, which have been identified by the Company and marked on the map and may be located using the Platform. The company may also operate Safe Zone on its office premises or other premises. The Safe Zone feature may be used to locate nearest Safe Zone to you.
Safe Zones are expected to be equipped to provide required assistance and support in case of distress and emergency. However, the Company has not received any assurance or commitment from any of the Safe Zones or operator thereof in relation to availability and suitability of services, support and other facilities available therein. Since the Company does not own/operate all the Safe Zones on its own and has not verified the availability of any forms of support at all Safe Zones, the Company cannot guarantee or make any commitments with respect to the support and assistance which may or may not be provided to you in Safe Zones. Other than the ones operated by the Company, the Company is not and should not be construed as involved in running and operating the other Safe Zones and shall not be responsible or liable to that extent.
Once you visit the Safe Zone in case of distress, the Company will, to the extent possible, try to connect you with resources that might help you in your situation. You should note that, to the extent applicable, users visiting the Safe Zone in times of distress would be required to fill-in a form and present a valid ID in order to provide you with assistance and support. All assistance and support at the Safe Zone will be: (i) subject to availability and be provided on ‘best effort’ basis only; (ii) subject to the sole discretion of the Company and/ or any other organization operating and managing such Safe Zone; and (iii) subject to such other terms and conditions as may be applicable for such Safe Zone, from time to time.
We have earmarked all our offices as Safe Zones in order to provide you better services and support. The support staffs available at the Company are owned and operated Safe Zones are properly trained to handle people in distress.
Under this category of Services, you may connect and discuss with subject matter experts and service providers in the field of physical and mental health, wellness and fitness and legal services. You may book an appointment for one-to-one sessions, webinars, workshops or any other feature that may be made available by the Company on the Platform (“Engage Services”). The Engage Services are offered through in-house resources or through independent third-party service providers listed on the Platform (“Vendors”), as opted by a User.
All information with respect to the persons delivering the Engage Services will be available on the Platform for your ease and quick decision making.
You should understand that your decision to avail the Engage Services is solely at your own discretion therefore, the Company in no event, will be directly or indirectly liable for any advice or any loss or injury arising out of your use of the Engage Services.
Online consultations are subject to certain inherent limitations that may restrict or impact communication. The User acknowledges and understands the said limitations and relieves the Company from any claims or liabilities arising on account of deficiencies in the Engage Services due to such limitations.
Eligibility for Access and Use of Services
The Services available through the Platform is available only for or through the persons who are eligible to enter into binding contract under applicable laws (“Eligible Person”). If you are below such age required to enter into a lawful and valid contract (“Minor”), then you can access the Platform only with the consent of and under the supervision of your legal guardian who is an Eligible Person.
We have the right to disable your use of the Platform or Account if in our opinion you have failed to comply with any of the provisions of the Agreement, including compliance with any eligibility criteria. You are solely responsible for ensuring that your access and/or use of the Platform is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where the Agreement or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Platform or Services in any way.
Availing and Booking Engage Services
Subject to the availability of the Engage Services, you can book your counseling, legal advisory and/ or fitness or other service session (“Session”) with respect to any of the Engage Services by paying the requisite fees. Each Session will be of such period as may be mentioned against the description of the Engage Service on the Platform, from time to time.
For each Engage Service as provided by the Company on the Platform, users can book the Sessions in the following manner:
The Sessions in relation to mental health will be conducted on a one-to-one basis through the Platform. Sessions with respect to mental health are further classified as: (i) adult session (for Eligible Persons); (ii) adolescent therapy (for Minors); (iii) couple sessions; and (iv) family sessions. Any advice provided under this category of service is, at all times, subject to the limitation of the interpretation of the user availing it.
Any Eligible Person can book any of the said categories of the Sessions with respect to mental health depending upon his/her requirement. However, any Minor can book a Session on mental health only with respect to himself/herself and only after providing the consent of his/ her parent or guardian with respect to the same, where such consent should be approved digitally by his/ her parent or guardian.
You can book your Session in relation to the legal advisory as per your convenience and as per the availability of the same on the Platform. All Sessions under this category will be conducted on a one-to-one basis. You should note that all the information provided under this category is subject to certain limitations and the Company cannot guarantee the accuracy, completeness or relevancy of any such information.
Legal Counselling: User should be aware that all information provided as legal counselling is to the best ability of the Expert and on the basis of the information provided with from the user. The choice of final legal outcome rests with the User. It shall not hold the company liable for the outcome of such consultation.
Under this category, you can book your fitness Session on the Platform for undertaking yoga, self-defense classes and other fitness related activities that may be made available on the Platform from time to time. All the fitness Sessions is provided by the Vendors through the Platform on one-to-one basis or in a group session. Depending upon the nature of the fitness session, it may be conducted live or may be in the form of a recording.
The Company may, from time to time, also conduct regular webinars and workshops on a variety of topics. All such webinars and workshops are conducted in groups on such topics which the Company thinks should be made available and/ or may be relevant to the users. You, as a user of the Platform, may avail and attend such workshops and webinars. All such workshops and webinars are either hosted by the Company’s in-house team or the Vendors.
The Services provided herein are limited to scope defined under the Agreement and the user shall not:
You agree and undertake that you shall not use the Services to:
You agree and undertake that you shall not:
You shall use best efforts to hinder and prevent piracy and hacking with respect to the Services and the Platform. In the case of occurrence of any piracy and hacking with respect to the Services and the Platform, you shall inform us immediately.
Account and other details
In order to use the Services, you must create an account (“Account”) and provide to the Company necessary information, data, login id, passwords, usernames, PINs, email address, mobile number, other log-in information, materials or other contact information and content (collectively “Account Information”) and/ or authenticate yourself through APIs provided by third parties which the Company integrates with the Platform from time to time. You are permitted to use the Services only after proper and valid authentication, which will need to be done explicitly by you. When creating an Account, you shall provide accurate and complete information. In order for the Platform and Services available therein to function effectively, you must keep your Account Information up to date and accurate. You are solely responsible for safeguarding your authentication credentials and you agree not to disclose these credentials to any third party. You agree to take sole responsibility for any actions made using your Account, whether or not you have authorized such actions. You agree and understand that you are responsible for maintaining the confidentiality of your Account Information. You shall immediately notify Company of any unauthorized use of your Account. By providing the Company with your email address, you agree to receive all required notices electronically, to the e-mail address provided.
It is advised that you should change the password of your Account at regular intervals. In addition to user ID and password the Company may, at its discretion, require you to adopt such other means of authentication including but not limited to digital certification and / or smart cards and/or two factor authentication like public or private keys / risk engine / challenge questions.
Use of the Content
All the content including the advertisement, information, data or posts on the Platform (“Content”) available from time to time on the Platform is intended for informational purposes only. The posting of the Content and access of the Platform by you does not constitute provision of Services by us, either explicitly or implicitly.
Certain Content or functionalities on the Platform may be suitable only for adults, or under supervision of adults. User discretion is advised.
You authorize the Company to call, send SMS and email or to contact you by any other similar means on the contact information (made available by you on the Platform either at the time of subscription, making an inquiry, making an application for any of the Services offered or otherwise), to offer you information about the Services you may have opted for or that you may be interested in. You authorize us to call SMS or email or contact you by way of any other similar means for the mentioned purpose.
We will also use your contact details information to:
In the event you do not wish to receive such information, you may unsubscribe through the facility in the communications you receive.
Modification/Updating of the Agreement
We reserve the right to change, modify, add to, or remove, portions of the Agreement at any time at will and in the event that we are required to do so as a result of any applicable regulations or as required by law for any other purpose and as amended or made applicable from time to time and as per Company policy. In the event that any material changes are made, we shall display a notice on our home page days from such change. Please read and understand the Agreement prior of every access or use of the Services.
Indemnity and Limitation of Liability
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or. This defence and indemnification obligation will survive this Agreement and your use of the Service and Platform.
The material displayed on our Platform is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:
Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website/ App to use the Services and/or the purchase price paid by you for services in the Engage vertical.
The Company hereby disclaims any and all liability with regards to the accuracy, completeness and or suitability of the Content and information as is provided on the Platform or by virtue of any Services therein and any information and/ or Content including, but not limited to Curated Content that may be provided thereon from time to time. The Company expressly disclaims any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use or inability to access or use of the Platform or the Services or reliance on its Content, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the Platform, regardless of our knowledge thereof. The Company shall not be liable for, any damages to, or viruses that may infect, your computer equipment, other electronics or any other property as a result of your access to, use of, or browsing in the Platform or your downloading of any materials, data, text, images, video, or audio from the Platform.
Notwithstanding anything to the contrary contained herein, in no event will the Company’s or any of its shareholders’, directors’, employees’, agents’ total liability to the user for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Platform or Services, (iii) the user’s use or inability to use the Services, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount of consideration received by the Company from the user for accessing or using the Platform or Services.
The Company takes all reasonable precautions to preserve the confidentiality and prevent any corruption or loss, damage or destruction of the data and information provided by you, in keeping with industry standard practices. All personal medical information will be kept confidential. However, the Company reserves the right to collect statistical, anonymous and aggregate data based on your usage of the Platform, such information does not consist of any of your private and sensitive information (such as your name, address, phone number, etc.) or your financial information (such as payment details, bank account details, etc.), to understand user behaviour and characteristics and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on the advertising banners. The company being compliant with the data protection laws in force does not store your sensitive information in servers located outside India.
The Company follows generally accepted industry standards to protect the personal information submitted to it by you. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use industry best practices to protect your personal information, we do not guarantee its absolute security and disclaim any liabilities to that effect.
Posting messages, comments or content
Certain portions of the Platform may be configured to permit you to post messages, comments, or other content. Any such content shall only serve and be construed as the opinion of the user posting it, is no substitute for your own research, and should not be relied upon for any purpose.
You agree not to post any content:
You are solely responsible for the content of any postings you submit and the Company assumes no responsibility or liability for any content submitted by you or any other user of the Platform. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by applicable law or in a good faith belief that such access, preservation, or disclosure is required by applicable law or in the best interests of the Company.
Any content you submit is for non-commercial use only. Any content you submit will be routed through the internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.
The Company, currently, does not charge any subscription fees or any other charges from you except a transaction fees/ service fee, over and above the payment gateway charges, which is charged when you book a Session on and through the Platform.
The Sessions can be booked through the Platform through various methods of payments offered. All payments with respect to the Sessions will be done in advance. The Vendors authorises the Company to receive all such payments from the users for the Sessions. The booking of the Sessions shall be governed by the terms of this Agreement.
When the Company receives transaction instructions from you through the payment mode for the Engage Services, the Company will be entitled to debit the sale/ booking amount plus any charges payable for the transaction from the account you have specified. The Company shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the bank or the credit card agency to perform any of its obligations. Notwithstanding anything contained here, the Company shall not be liable in any manner whatsoever for failure of the banks to transact such settlements as per applicable law.
The Company reserves the right to charge for any portion of the Services and to modify the pricing of, add to, or discontinue the Services or any portion thereof with or without prior notice.
The Company shall have no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the limit mutually agreed to by the cardholder with the card issuing entity or any other reason whatsoever. In respect of any transactions which may be permitted by the Company via its Platform from time to time, the Company's own records of such transactions, maintained through computer systems or otherwise, shall be accepted as conclusive evidence and binding on you for all purposes. More particularly, the record of the Company generated by the transaction(s), including the recording of the time of the transaction(s), shall be conclusive proof of the genuineness and accuracy of such transactions
Cancellation, Reschedule and Refund
In case of rescheduling of the Session booked by the user due to any reason, user should inform same before 24 (twenty-four) hours from the actual date and time on which the Session is to be held. In such an event, the Company provides the below-mentioned options to the user:
In such an event, user does not have any right to claim a refund of the payment. The rescheduling of booked Session can be done only once; thereafter the booking amount will be forfeited.
A user can cancel the booked Session and claim a refund only via refund in the iDare E-Wallet.
The refund amount provided to the user will be based on when the cancellation was initiated in the following manner:
In case where the user does not show up for the booked Session, without cancelling or rescheduling the same, the amount paid by the user for such Session will be forfeited and the user will not be entitled to any refund whatsoever.
If due to an unforeseeable reason from user’s end, a booked Session is not completed in its entirety by the user, the compensation for incomplete Session/consultation will not be provided by the Company.
Any amount received in the iDare E-Wallet in case of refund on a cancelled Session is valid for a period of one (1) year from the date of receipt of such amount in the said wallet. After the period of one (1) year the entire remaining amount in the iDare E-Wallet received as part of refund on a cancelled Session will be forfeited
By the Company and/ or Vendor:
If a Session booked by a user is cancelled by the Company and/ or the Vendor, the user will receive a refund in iDare E-Wallet or cash refund (user’s original method of payment), regardless of the time at which the cancellation was done. This refund in iDare E-Wallet can be used within the validity period to book another Session/ avail any other Services of the Company.
If due to any unforeseeable reason from the Company’s end, a booked Session is not completed in its entirety by the Company and/ or the Vendor, the user will be given an option to have another full Session or reschedule the Session or get a refund in iDare E-Wallet to compensate for the lost Session time.
For the Session booked from a multi Session package as may be available of the Platform, from time to time, the user may have the option to reschedule the Session. Once any session within a Package has been utilized, the Package becomes non-refundable. Individual sessions from the package may be rescheduled following the rescheduling terms of the app.
In the unlikely event a workshop/ webinar may be cancelled by the Company and/ or the Vendor, all confirmed participants will be notified immediately and receive a full cash refund (original method of payment) or have an option to reschedule for such workshop/ webinar.
If a participant chooses to cancel their confirmed registration, or cannot or does not attend the workshop/webinar, the following refund policies will apply:
Refunds cannot be given for any registrations for workshops hosted by guest instructors. Due to the nature of these one-time-only workshops, all events hosted by special guests are subject to this clause.
Services under the fitness category in the engage vertical are available only as a multi session package of 8 sessions.
In case of rescheduling of the Session booked by the user due to any reason, user should inform same before 24 (twenty-four) hours from the actual date and time on which the Session is to be held. In such an event, the Company provides the below-mentioned options to the user:
For Multi session Fitness packages user shall not have the option to cancel once sessions has been booked. Any session missed/unattended during the session period shall not be refunded in any form. Rescheduling is permitted only as mentioned above.
Third-Party Service Providers and Third-Party Sites
The Company may use third-party services provided by the third party vendors to assist in providing the Services (“Services Providers”). All or some of your information may be stored on servers provided by the Services Providers. Certain features and functionality of the Services may be implemented through the third-party services or use of a third-party API and other licensed third party software or technology. The Company may use other Services Providers for the following types of services: networking, storage, financial transactions, customer relationship management, website maintenance, database management, web analytics, cloud computing infrastructure, transactional communications, marketing communications, customer services etc.
The Platform may contain links to third-party sites or software that are not owned or controlled by the Company. The Company cannot censor or edit or control the content of any third-party sites. The Company shall not be liable for any losses incurred by you on account of use of any third-party sites, software or technology.
The Company shall not be liable if any transaction does not materialize or may not be completed or for any failure on its part to perform any of its obligations under the Agreement or those applicable specifically to any Services, if the same is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues. "Force Majeure" means any event due to any cause beyond the reasonable control of the Company, including without limitations, sabotage, fire, flood, explosion, acts of god, pandemics, epidemics, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, faults or failures in telecommunication, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, computer hacking, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious code, unauthorized access to computer data and storage devices, destructive or corrupting code or program, mechanical or technical errors/failures or power outage, etc.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE AND PURSUANT TO APPLICABLE LAW, THE SERVICES AND CONTENT ON THE PLATFORM ARE PROVIDED ON "AS IS" AND “BEST EFFORT” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AND THE COMPANY AND ITS AFFILIATES, DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBERS AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE SUPPORT FUNCTIONALITY AND THE COUNSELORS/ VENDORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM RELEVANT QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
The Company does not warrant that your usage and the availability of the Platform and any of the Content, Curated Content and materials thereon will be uninterrupted or error-free, that defects will be corrected, or that the Platform or the server that makes it available is free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials on the Platform in terms of their correctness, accuracy, reliability, or otherwise. The information and descriptions contained herein are not intended to be a complete description of all terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes.
The information available or otherwise contained on the Platform is neither intended nor implied to be a substitute for professional advice or support. The information and reference material available or made available on the Platform does not constitute a recommendation, advice and/or legal opinion by the Company.
Any reference material or information provided on the Platform or as may be provided from time, whether by way of a chat or discussion with one of the Company’s personnel or even with any professional, shall not in any way be construed as a recommendation, advice and/or legal opinion by the Company. You shall be solely responsible for any decisions, which you arrive at after your own evaluation of the Services of the Company and your need for the same post consultation with any of your advisors.
The tele-consultation services have certain limitations and are not a substitute for face-to-face/ physical consultation. The advice provided herein is strictly based upon the information/ data provided by you. We advise you to please consult/ seek appropriate professional advice.
While reasonable care would be taken to ensure completeness, accuracy, etc. of the information/services provided, neither the Company nor any of their personnel shall in any circumstance be liable for any loss or damage caused by your reliance on information obtained through the Platform. It is your sole responsibility to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Platform.
Company’s Proprietary Rights
The Company is the sole and absolute owner of any and all rights, including the intellectual property rights and other rights in and to Platform and Services and the intellectual property associated therewith. The Parties agree that nothing in this Agreement is intended to, nor shall be construed to vest in, transfer or to otherwise convey to you any right, title or interest in the Platform or any intellectual property associated therewith; and you shall have no right to acquire any right, title or interest in the same by lapse of time or otherwise. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Company’s intellectual property, the Platform or the Services in whole or in part, by any means. All other third party trademarks, service marks, product names, and logos appearing on the Platform or in the Services are the property of their respective owners. You acknowledge and agree that the Platform and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
The Parties agree that performance of Services pursuant to this Agreement may result in discovery, creation or development of copyright, designs, processes, methods, techniques, improvements, strategies, or other original works of authorship and other intellectual property rights and the user agrees and acknowledges that all rights, title and interest in and to all such intellectual property, upon the creation of the same, shall always fully and absolutely vest in the Company. The Company shall have the right to use your data and other information to evaluate, update, improve and upgrade the Platform and the Services and for analytics and research purposes in accordance with applicable law.
Your Proprietary Rights
By entering, storing, or sending your data through the Services, you grant the Company a nonexclusive, worldwide, transferable license, on a royalty-free basis, with a right to sublicense this right to third parties assisting the Company in providing the Services, to use, copy, distribute and process the such data through the Platform on your behalf solely for the purpose of storing, transferring, processing and delivering such data. You acknowledge and agree that the Company will not be responsible for any failure of the Platform to store any information, for the deletion of files or information stored on the Platform, or for the corruption of or loss of any data, information or material saved or sent through the Platform.
In any event, to the extent required or allowed by applicable law, iDare may retain one copy of the Personal Data for evidence purposes and/or for the establishment, exercise or defence of legal claims and/or to comply with applicable laws and regulations.
In the event that you delete or disable your Account, the Company shall not be liable to refund any fees paid by you. Once you delete your Account, the Company may delete all of the user data and remove all access to the cancelled account.
The Company reserves the right to discontinue the Platform or the Services or to change the Services at any time and will provide notice of such discontinuation or change to you through posting changes to this Agreement and/or by notifying you through email using the Account Information that the user has provided to the Company. In the event the Company discontinues the Services, the Company will refund any fees paid by you.
If you breach the Agreement, the Company shall have the right to terminate your access to and use of the Services immediately, without notice, and to deactivate your Account. In the event of such termination or deactivation, the Company will not be required to refund any fees or other charges paid by you.
You acknowledge that, although the Company has no obligation to monitor the your use of the Services, the Company has the right to do so for the purpose of operating the Services, to ensure your compliance with the Agreement, or to comply with applicable laws or the order or requirement of a court, administrative agency, or other governmental body. The Company reserves the right at all times to disclose, in its sole discretion, any user files when necessary (a) in accordance with applicable any law, regulation, or governmental request or (b) reduce or prevent what the Company considers to be, in the Company’s sole discretion, a serious or imminent threat to the user’s health or safety, or the health or safety of another person.
Governing Law and Dispute Resolution
The formation, construction, performance and enforcement of the Agreement shall be in accordance with the laws of India without regard to conflict of law principles.
All disputes in relation to this Agreement will be resolved by arbitration at Bengaluru, Karnataka, India, under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by the Parties mutually. The arbitration award shall be final and binding on the Parties, and enforceable in accordance with its terms. The arbitrator shall state the specific reasons for its findings in writing. The Parties agree to be bound thereby and to act accordingly.
Subject to the arbitration provision, the courts of competent jurisdiction at Bengaluru, Karnataka, India shall have exclusive jurisdiction over all matters arising pursuant to the Agreement.
If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, then such unenforceable provision shall be deemed to be replaces with a suitable legal alternative provision that achieves the purpose of the original provision as closely as possible.
Relationship of the Parties
You and the Company agree that that nothing in the Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties.
Queries and Grievance Officer
If you have any complaints with respect to the Platform or Services, you may contact our Grievance Officer, the details of which are as follows:
Name: Vaamaa Baldota
Phone Number: +91 8876682890
Email Id: email@example.com
In case you have any questions or wish to opt-out of certain Services, you may contact us at firstname.lastname@example.org