The Uliv Foundation's Terms of Use


These Terms of Use describe the terms on which The Uliv Foundation grants end-users access to the Platform and shall be read with the privacy policy available here. The Users below the age of 13 years shall require parental consent to use the Platform.

By choosing to visit or avail of The Uliv Foundation’s Service, you agree to these Terms (as may be amended from time to time). Please read the following information carefully. If you are a parent or guardian and provide your consent to your Child's use of the Platform, you agree to be bound by these terms regarding their use of the Platform. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Service.


Initial Effective Date: October 23, 2021

Latest Revised Date: October 23, 2021


Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access Our Service or parts of Our Service.
  • Case History Intake means a record of information relating to a Speaker’s psychological or medical condition prepared by the Listener based on their chat with the Speaker.
  • Child refers to an individual who is below the age of 18 years.
  • Community Guidelines refers to The Uliv Foundation's Community Guidelines.
  • Listener means a person from the psychology field (minimum qualification as 2nd year of Undergraduate Psychology degree course) who has been enrolled in The Uliv Foundation as a volunteer and has successfully cleared the post-training evaluation.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Platform refers to The Uliv Foundation, accessible at www.theulivfoundation.org.
  • Privacy Policy refers to The Uliv Foundation's Privacy Policy.
  • Psychologist refers to a medical professional who has an expertise in the field of mental health studies and has collaborated with The Uliv Foundation to provide his/her services to the Speakers.
  • Service refers to the mental health care services provided by The Uliv Foundation through the website.
  • Service Provider means any natural or legal person who processes the data on behalf of The Uliv Foundation. It refers to third-party companies or individuals employed by The Uliv Foundation to facilitate the Service, to provide the Service on behalf of The Uliv Foundation, to perform services related to the Service or to assist The Uliv Foundation in analysing how the Service is used.
  • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an Account to use the Service.
  • TUF (referred to as either "TUF", "We", "Us" or "Our" in this Agreement) refers to The Uliv Foundation, having its registered office at H No 1199, Mukherjee Nagar, Delhi-110009.
  • User(s) means the individual accessing or using the Service, or TUF, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.


Description of Service

TUF provides a platform to the Speakers who have approached TUF to seek mental health care services. A Speaker would initially be assigned to a Listener who will talk to the Speaker and understand their problem. Suppose the Listener feels that the Speaker’s condition is severe and requires the Psychologist. In that case, the Listener will refer the Speaker to the Psychologist. The Psychologist would be provided with the Case History Intake of the Speaker, which would include the chat between the Speaker and the Listener, the Speaker’s medical history (as shared by the Speaker), the Personal Information shared by the Speaker.

The Speaker’s Case History Intake will not be viewed by any of the TUF members and only be viewed by the Psychologist with the Speaker’s consent. For more details about the sharing of Personal Information, please read our Privacy Policy.

However, for accessing the Service, the Users(the Speakers and the Listeners) have to create an Account.



License to Use

TUF hereby grants the User the limited right to access, view and use the Platform to receive and give the Service. TUF reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform.

The User is responsible for maintaining the confidentiality, secrecy, security and integrity of his/her account and password and for restricting access to his/her electronic devices. The User is responsible for maintaining the secrecy and confidentiality of his/her Personal Information and not to share with any other User in the communications.

This license is limited to personal and non-commercial uses by You. Any rights not expressly granted to You herein are reserved to TUF.



Intellectual Property Rights

TUF retains all rights (including copyrights, trademarks, patents, designs, logos, trade secrets, trade secrets, know-how as well as any other intellectual property right) concerning all information provided on or via this Platform (including but not limited to the curriculum taught, all texts, graphics, photos, illustrations, apps and logos). You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of TUF.



User Communication

You hereby explicitly consent to receive communication from TUF by email to receive alerts and information about the Service.



Rule of Conduct

Apart from the guidelines mentioned in our Community Guidelines, Users must comply with the laws that apply to You in the location you access TUF’s Service. If any laws applicable to You restrict or prohibit You from using the Service of TUF, You must comply with those legal restrictions or, if applicable, stop accessing and using the Service of TUF. You confirm that all the information You provide to TUF on accessing and using the Service of TUF is and shall remain true, accurate and complete at all times.

Notwithstanding any other provision of these Terms, You agree and undertake not to:

  1. Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
  2. Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
  3. Create software that mimics any data or functionality in the Service;
  4. Use or deal in the Service except as permitted by these Terms;
  5. Include contact details intended to enable communication outside of the Service, in any Communication;
  6. Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
  7. Provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without prior written permission of TUF;
  8. Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Platform or showing either to other people);
  9. Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
  10. Delete or obscure any copyright or other proprietary notice on the Service.

The Service may only be accessed and used via authorised servers. You must take no action to bypass authorised servers and/or use third-party software to modify any aspect of the Service, whether to secure an unfair advantage over other users. You expressly consent to TUF’s monitoring your computer's random-access memory to identify said unauthorised third-party programs.



Limited Liability

You are held personally liable for any violation of a third party's rights by You. You agree to reimburse TUF for all damages resulting from the culpable non-observance of these Terms’ obligations. Users release TUF from all eligible claims that other Users or third parties may file against TUF due to a violation of their rights by content posted by the User or due to a breach of other obligations. You shall assume the costs of TUF’s legal defence, including all court and legal fees. This condition does not apply if the Users are not responsible for the infringement.

You agree and understand that TUF does not state or claim any warranty for the quality of conversations done by the Listener and the Psychologist’s sessions. At any instance of an interactive session, if the Listener or the Psychologist uses any sexual or abusive language or depicts any forced sexual acts or pornographic images, then in such cases, please immediately inform TUF at the contact provided below. TUF will make all efforts to take any and all necessary actions as per the applicable law. However, TUF explicitly disclaims any liability or responsibility in the event of such a circumstance.

In no event shall TUF be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in action in contract or tort, arising from your access to, or use of, the Platform.

TUF facilitates medical health care services on an "as is" basis and is liable only to provide its services with reasonable skill and care.

TUF gives no other warranty in connection with the Service and to the maximum extent permitted by law, TUF excludes liability for:

  1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which TUF have been made aware of;
  2. the accuracy, currency or validity of information and material contained within any communications or the Service;
  3. any interruptions to or delays in updating the Service;
  4. any incorrect or inaccurate information on the Service;
  5. the infringement by any person of any copyright or other intellectual property rights of any third party through any communication or use of the Service;
  6. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any Communication (save that, where digital content supplied to You by TUF or on behalf of TUF through the Service causes damage to your digital content or devices You may be entitled to compensation or repair or replacement, in which case kindly inform to TUF).

TUF does not warrant that the operation of the Service will be uninterrupted or error-free. TUF will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of TUF, including Internet outages, communications outages, fire, flood, war or act of God.

Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise. All such terms and conditions are hereby excluded to the maximum extent permitted by law.

You agree that in relation to your use of the Service, You will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call TUF or the Service into disrepute. You agree that You are and shall remain responsible for maintaining your password and username confidentiality and for all activities that occur under your Account.



Investigation and Monitor

TUF shall be entitled to investigate and prosecute, or caused to be investigated and/or prosecuted, any acts or omissions on the part of the Users that are reasonably suspected of constituting violations of any of the above-stated obligations to the fullest extent permitted by the law. TUF may cooperate with the concerned law enforcement authorities to prosecute users who violate these Terms of Use read with the Privacy Policy.

TUF reserves the right to suspend or terminate the access of the User who is suspected or found to have violated the user obligations under these Terms of Use at any time without notice, and the User shall not be entitled to question or object the same.

TUF reserves the right, at all times, to disclose any information that is necessary or required under any Applicable Law, regulation, legal process or governmental request at TUF’s sole discretion.

TUF shall not be responsible for verifying the accuracy or authenticity of any personal information provided by the User in the event of any emergencies, incidents and communications. TUF shall not be responsible or liable for any failure resulting from inaccuracy or incompleteness or insufficiency of the User’s information.



Amendments to Terms

TUF retains the right to modify these Terms:

  1. in the event of any amendments made due to legal changes,
  2. in the event of any amendments made due to decisions by the Supreme Court,
  3. because of technical necessity,
  4. in order to maintain TUF operations,
  5. in the event of a change in market conditions,
  6. for the benefit of the User.
No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. The Users will be informed of any modifications to the general Terms via the Platform or notice by email or in writing.



Termination

Without limiting any other rights that TUF may have, TUF may remove, restrict, cancel or suspend access to the use of the Service and any part of it if TUF considers (in the sole discretion of TUF) that You have breached any of these Terms.

You may also terminate your agreement with TUF by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.



Indemnity

You agree to indemnify and hold us harmless, TUF members, employees, Listeners and the Psychologist from and against any all claims and expenses, including attorneys’ fees, arising out of your use of the Service and the Platform, including but not limited to the violation of these Terms by the Users.



Severability

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.



Waiver

No waiver of any terms of these Terms shall be treated as a further or continuing waiver of such term or any other term. TUF’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.



Government Laws and Jurisdiction

These Terms shall be governed by and construed by the Arbitration and Conciliation Act 1996 or such similar laws of India, which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Delhi, India.



Contact Details

If you have any questions about these Terms, you can reach out to us by email or postal mail at the following address:

Name: The Uliv Foundation
E-mail ID: [email protected]
Address: H No 1199, Mukherjee Nagar, Delhi-110009

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