COUNSELOR TERMS AND CONDITIONS

Parenting on Demand (“POD”) is a mobile application created and developed by Quinsel Services Private Limited (“us or the Company”) which can be downloaded onto your smart devices and which enables you (the counsellors) to interact with clients, who are parents/ guardians of infants and young adults (upto the age of 15 years) for the purpose of providing real-time counseling services. Please note that the POD app is only meant to provide counseling services to clients for addressing behavioral and psychological conditions of their infants and young adults and is not meant as a medical, clinical or psychiatric advice.The POD mobile application is not and should not in any manner be construed as any kind of medical or psychiatric helpline or a suicide helpline. The platform or the counselors associated with the platform shall not provide any medical, clinical or psychiatric service or advice.

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE POD MOBILE APPLICATION. BY ACCESSING OR DOWNLOADING OR REGISTERING WITH THE POD MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS, DOWNLOAD, REGISTER WITH OR USE THE POD MOBILE APPLICATION.

YOU AGREEING TO THESE TERMS AND CONDITIONS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND US IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE POD MOBILE APP.


TERMS AND CONDITIONS

DEFINITIONS

All of the defined and capitalized terms in this Terms and Conditions will have the meaning assigned to them herein below:

  1. “ACA Code of Ethics” means the American Counseling Association’s Code of Ethics, as approved by the American Counseling Association Governing Council, that sets out, inter alia, the ethical standards, responsibilities, considerations of professional counselors, which is applicable to the Counselors whilst providing their Services through the Licensed Application.
  2. “Applicable Laws” means all acts, laws, rules, regulations, standards and permit requirements, including but not limited to medical, safety, privacy or any standard prescribed by the Indian Medical Council or other statutory or professional body or any amendments thereto that are applicable to the Counsellor and the Services provided by him/her.
  3. “Application Provider” or “Company” means Quinsel Services Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at No. 105, 13th Main, 4th Cross, BTM 1st Stage, AICOBOO LayoutBangalore-560068, Karnataka who is the owner of the POD Application and all the Intellectual Property in the POD Application.
  4. “Confidential Information” shall mean all proprietary and non-public information of the Application Provider including but not limited to that come within the knowledge of the Counsellor in the course of providing the Services and/or which are entrusted to the Counsellor’s care and custody whether labeled and/or identified or not as “confidential” or “proprietary” or which the Counsellor has a duty to treat as confidential or which the Counsellor otherwise knows, or would reasonably be expected to know, the Application Provider or the Client would consider confidential or proprietary.

    Confidential Information of the Application Provider will include but is not limited to proprietary information and personal information of employees, agents or directors of the Application Provider, trade secrets or know how, databases, ideas, processes, business strategies, business methods, technology, designs, finances, forecasts, correspondences, data pertaining to the business of the Application Provider, Intellectual Property whether registered or not registered, reports, marketing and selling, budgets and unpublished financial statements, prices and cost, supplier and Client information and other business information, that is either (a) owned by the Application Provider or (b) is information received from third parties that the Application Provider is obligated to treat as confidential.

    Confidential Information does not include information that:

    1. was publicly known or otherwise known to the Counsellor prior to the time of such disclosure; or
    2. subsequently becomes publicly known through no act or omission by the Counsellor or any person acting on behalf of the Counsellor; or
    3. otherwise becomes known to the Counsellor other than through disclosure by the Application Provider without a duty to keep such information confidential; or
    4. The Counsellor independently develops without reference to the Confidential Information.
  5. “Counsellor or you” means an individual of a legally contractible age (18 years and above) and having certified that he/she is and will continue to be of sound mind, who has the requisite qualifications in the field of psychology as mandated by the Application Provider to register on the POD Application, for the purpose of providing the Services.
  6. “Client(s)” means an individual(s), being an Indian national, being of a legally contractible age (18 years and above), who has downloaded the POD Application and registered on it for the purpose of availing the Services.
  7. “Intellectual Property” means:
    1. all proprietary inventions (whether patentable or non-patentable and whether or not reduced to practice), all improvements thereto and all patents, patent applications, and patent disclosures, together with all re-issuances, continuations, continuations-in-part, revisions, extensions and re-examinations thereof;
    2. all proprietary trademarks (whether registered or not), service marks, logos, trade names and corporate names, together with all translations, adaptations, derivations and combinations thereof, including all goodwill associated therewith and all applications, registrations and renewals in connection therewith;
    3. all proprietary copyrightable works (whether registered or not), source code, object code, derivative works, diagrams, flow charts, designs, text and all applications, registrations and renewals in connection therewith;
    4. all proprietary ideas, diagrams, designs, models, prototypes, sketches, drawings, blue-prints, formulae/equations, processes, methods, know-how, information arising out of analyses of data, techniques, flow-charts, algorithms and all results arising out of technical researches;
    5. all proprietary trade secrets, technical or confidential business information.
    6. all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection; and
    7. all copies and tangible embodiments of the above regardless of form and medium, pertaining to the Licensed Application by whatever name called and any other products developed and owned by the Company and licensed to the Counselors by the Company to enable them to provide the Services.
  8. “Intellectual Property Rights” means all legal and economic rights in and to the Intellectual Property, whether registered or not, anywhere in the world.
  9. “Licensed Application” means the POD Application along with all its updates, upgrades, versions, modifications, being the product that is licensed to you and which is subject to these Terms and Conditions.
  10. “Personal Information” shall mean the personally identifiable information of the Client and his/her child which includes but is not limited to name, age, gender, address, email id, phone/mobile number and any other information that is provided by the Client to the Counsellor in the course of availing the Services.
  11. “POD Application” shall mean the proprietary online platform developed and owned by the Application Provider which can be downloaded by the Clients on their smart phones or tablets or the like and which enables Clients interact with counsellors operating on the POD Application by engaging with them over the application, by scheduling a call with the identified counsellors, meet the counsellors to discuss their issues.
  12. “Services” shall mean the counseling services provided by the Counsellors to the Client using the POD Application

GRANT OF LICENSE

This license granted to you for the Licensed Application by the Application Provider, is limited to a non-exclusive, non-transferable, license to use the Licensed Application on any Androidâ„¢ device that you own or control. This license does not allow you to use the Licensed Application on any Androidâ„¢ device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. Nothing contained in the Licensed Application should be considered as granting you, by implication or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Licensed Application. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by Applicable Law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to cancellation of the license, prosecution and damages as per Applicable Law. The terms of the license will govern any upgrades provided by the Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern its use.

ACCESS AND CONSENT TO USE OF DATA

By downloading and registering with the Licensed Application, you represent that you are of legally contractible age (18 years and above) and not barred by any law, in any jurisdiction or bound by any agreement that restricts your rights to access, download and register with the Licensed Application, to provide Services to and receive payments from Clients who use the Licensed Application belonging to the Application Provider. You agree that during the time of registration and throughout the use of the Licensed Application for providing the Services, you will be and affirm to be of sound mind.

In order to be able to download the Licensed Application and to register with us, you will have to upload documents evidencing your degrees, qualifications and experience such as your certificates, authentications, authorizations and other credentials by whatever name called, as required by us. You will also have to provide details such as your name, mobile number, email ID, photo and a brief write up about yourself such as your areas of expertise, specializations and years of experience and any other relevant details that may be sought by us, including any references in the relevant field of experience. At the time of registration, you will indicate if you prefer to receive payments for the Services rendered via cheque or bank/NEFT transfer. If you wish to receive payments via cheque we will take your name and address for writing the cheque and if you wish to receive payments via bank/NEFT transfer we will take details such as your bank name and branch, IFSC code, A/C number and type of account. Please note that the payment for the Services rendered will not take place through the Licensed Application. Please note that your mobile number and payment details will not be visible or shared with the Clients. However, details such as your name, educational qualifications and write up about your areas of expertise, specializations and years of experience will be visible to the Clients.

Once all the registration details and documents have been submitted with the Licensed Application, you agree that as a part of the registration/empanelment process you will be subjected to written and/or oral interview which will include but not be limited to judging your performance in mock counseling sessions. Please note that the interview sessions will not be recorded except for the mock counseling sessions which may be recorded for evaluating your performance/capabilities and for providing feedback (if any). Your selection or rejection to be a part of the platform and to obtain a license to the Licensed Application is at the complete discretion of the Company and any decision made by the Company in this regard will be final and binding on you.

You agree to (a) provide true, accurate, current, genuine, complete and up to date information about yourself as required during registration and in your profile and (b) maintain and promptly update the information to keep it true, accurate, current, genuine, complete and up to date. If you provide any information that is untrue, inaccurate, not genuine, not current or incomplete, or if the Application Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not genuine, not current or incomplete, the Application Provider has the right to not accept your registration with the Licensed Application, suspend or terminate your account and/or refuse any or all current or future use of the Licensed Application.

You will solely be responsible for all usage or activity in your account after registration with the Licensed Application. You agree that you will not use the Licensed Application to post, display, exhibit, transmit pornographic content or content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or market, or sell services that are illegal. Any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for removal of such content and/or termination of your account at the Application Provider’s sole discretion. You will immediately notify the Application Provider at info@quinsel.com or at notify@quinsel.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security. The Application Provider will not be liable for any losses caused to you, whether directly or indirectly for any unauthorised use of your account or for your failure or delay to intimate the Application Provider of known or suspected unauthorized use(s) of your account, or any known or suspected breach of security.

You acknowledge, consent and agree that the Application Provider may access, preserve or disclose your account information, including but not limited to registration and profile information, if required to do so by law or in good faith, believing that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process or the order of any Government authority; (b) enforce the Terms and Conditions; (c) respond to claims that the registration and profile information violates the rights of third parties; (d) carry out fraud verification in relation to the certificates, authentications, authorizations and other credentials provided by you; (e) carry out fraud verifications of the payment details and other financial information provided; (f) respond to your requests for Client service; or (g) protect the rights, property or personal safety of the Application Provider, its users and the public.

You acknowledge and agree that upon your registration and use of the Licensed Application, the Application Provider will collect, use, store and archive information about you in the following general categories:

  • Personal Information: We access Personal Information (if any) provided by you, such as information provided at the time of (i) registration or in relation to use or modification of your account, (ii) request for on-demand services, Client support, or (iii) which is otherwise communicated to us which may include your name, email id, mobile number, photo, write-up to (a) resolve any complaints/feedback in relation to the use of the Licensed Application, (b) enhance your experience of the Licensed Application; and (c) provide you with customized content on the Licensed Application.
  • Financial Information: We access Financial Information provided by you such as your bank name and branch, IFSC code, A/C number and type of account for making payments for the Services provided by you. Please note that the payments for the Services provided will not be facilitated through the Licensed Application.
  • Location Information: We access precise location data of your mobile device when the Licensed Application is running in the foreground or background. We may also derive your approximate location from your IP address for statistical purposes to understand the demographics of the Counsellors
  • Transaction Information: We may access transaction details related to your use of the Licensed Application including the date, time and duration of your calls/interactions with the Clients, number of Clients who avail your Services, complaints against your Services and other related transaction details to (i) provide you with customized content on the Licensed Application; (ii) monitor the Licensed Application usage; and (iii) improve the services provided through the Licensed Application. Please note that the Transaction Information collected though the Licensed Application will belong to the Application Provider and the Application Provider will have the sole and absolute discretion to decide whether such information will be shared with you or not.
  • Usage and Preference Information: We may access information about your interactions with the Licensed Application such as the date, time and duration of your use of the Licensed Application, the Client profiles you view, and the settings you have chosen. The Application Provider uses cookies, device finger printing, open device identifier number or similar technologies to collect the information under this category. The Application Provider may use the above mentioned technologies to: (i) provide you with customized content on the Licensed Application; (ii) monitor the Licensed Application usage; (iii) improve the services provided through the Licensed Application and (iv) otherwise enhance user experience. Please note that the Usage and Preference Information collected though the Licensed Application will belong to the Application Provider and the Application Provider will have the sole and absolute discretion to decide whether such information will be shared with you or not.
  • Device Information: We may access information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, device booting status and motion information, mobile mode and state (including the silent mode, sleep mode, screen saver function, call function, etc) and mobile network information to facilitate the provision and resumption of services and functions related to the Licensed Application, as well as software updates, and product support. We may also access the vibrator on your mobile device for the purposes of pushing notifications of the Licensed Application and connected devices or users. Please note that the Device Information collected though the Licensed Application will belong to the Application Provider and the Application Provider will have the sole and absolute discretion to decide whether such information will be shared with you or not.
  • Internet: We will access the internet or wifi network or any changes in the internet or wifi network of your mobile device for running the Licensed Application and connecting you with the Clients for facilitating the provision of Services.

[Note: The Licensed Application uses certain third party applications and services which may collect, use, store or transmit information of the nature set out in the categories above.]

The collection, storage, use and sharing (if any) of this data by the Application Provider will be in accordance with the Privacy Policy of the Licensed Application which can be found in the PRIVACY POLICY.

SERVICES & THIRD PARTY MATERIAL

The Licensed Application enables you to interact with Clients for the purpose of providing real-time counseling services and personal interactive sessions. Use of the Licensed Application requires Internet access on your mobile device.

You understand and acknowledge that the Application Provider through the Licensed Application only enables you to interact with the Clients by allowing the Clients to schedule calls or sessions with you. Beyond this functionality, the Licensed Application has no role to play in the interaction between you and the Client. You understand that you will be solely responsible for and have complete and exclusive control over the counseling and personal interactive sessions scheduled with the Client through the Licensed Application, and accordingly given your complete control over the sessions will have sole responsibility to obtain all applicable registrations, permits, licenses and comply with all applicable statutory requirements for providing the Services. The Application Provider will not in any manner be responsible for the content of the sessions or for any advice, guidance, counsel, recommendation provided by you to the Client. You acknowledge and agree that the Application Provider does not provide any guarantee in relation to the minimum number of Clients that will avail your Services through the Licensed Application and will not be responsible in the event that a Client does not dial in for a scheduled call with you or fails to follow up on sessions as recommended by the you.

You understand that by using the Licensed Application (through the audio and video calls/chats), you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use the Licensed Application at your sole risk and that the Application Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You also understand that any information (including Personal Information) you may share with any Clients whilst using the interactive features of the Licensed Application (such as audio and video calls/chats) will be solely at your risk as to the security of such information and the Application Provider cannot guarantee the security of such information or the nature of its use by the Clients to whom you disclose such information.

The Licensed Application may display, include or make available content, data, information, applications or materials, from third parties, content providers or other users of the Licensed Applications (collectively and individually called “Third Party Materials”). By using the Licensed Application, you acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-Third Party Materials or web sites, or for any other materials, products, or services of third parties.

You agree that the Licensed Application contains proprietary content, information and material that is protected by applicable Intellectual Property and other laws, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Licensed Application. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of the Licensed Application, in any manner, and you shall not exploit the Licensed Application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Licensed Application in any manner to harass, abuse, stalk, bully, threaten, defame, impersonate, gamble, exhibit or transmit sexually explicit, pornographic, pedophilic content, promulgate hate speech, carry out illegal activities or otherwise infringe or violate the rights of any person (including other users of the Licensed Application and third parties, related or unrelated to the use of the Licensed Application or the services provided through it) including any patent, copyright, trademark, trade secret or other proprietary rights of such persons. You also agree that the Application Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal transmissions that you may receive as a result of using the Licensed Application.

The Application Provider makes no representations that the services provided through the Licensed Application and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access the Licensed Application or Third Party Materials, you do so at your own initiative and are responsible for compliance with any Applicable Laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend or disable access to the Licensed Application at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any services provided through the Licensed Application. The Application Provider may also impose limits on the use of or access to the Clients and services, in any case and without notice or liability.

YOUR (COUNSELLOR’S) OBLIGATIONS

  1. You shall provide the Services in a professional manner in accordance with the highest ethical standards and in compliance with Applicable Laws and the ACA Code of Ethics;
  2. You shall at all times keep your professional certificates, authentications, authorizations and other credentials by whatever name called valid, current, genuine, accurate, complete and up to date during your use of the Licensed Application;
  3. You shall provide the Service in your area of expertise only. In the event that you feel that any counseling service required or requested by a Client is beyond your area of expertise, professional capacity you will refer the Client to another counsellor registered/empanelled with the Licensed Application. However, based on your professional experience and knowledge if you feel that you or any of the counsellors registered/empanelled with the Licensed Application will not be able to provide satisfactory / relevant services to the Client or will not be able to meet the Client’s requirements, or that the Client’s requirements are medical in nature or beyond the scope of this platform then the Client shall be referred to any other counsellor not registers/empanelled with the Licensed Application.
  4. You acknowledge and agree that you will hold all Confidential Information of the Application Provider in the strictest confidence at all times, and will use the Confidential Information only for the purpose of providing the Services.
  5. You acknowledge and agree that you will hold all the Client’s Personal Information in the strictest confidence at all times, and will use the Personal Information only for the purpose of providing the Services. You agree to adhere to and abide by the Privacy Policy whilst providing the Services. You acknowledge and agree that you will be solely liable for any disclosure of the Client’s Personal Information resulting from your breach of the Terms and Conditions and Privacy Policy. Provided that, you may in the event that the Client is being referred to another counsellor registered with the Licensed Application and after obtaining (i) the prior written consent of the Client in writing and (ii) the confirmation from the Application Provider, share the Personal Information of the Client with the other counsellor registered with the Licensed Application.
  6. You agree and understand that you cannot share the Client’s Personal Information or the Application Provider’s Confidential Information with any counsellor not registered with the Licensed Application.
  7. You acknowledge and agree that you will be responsible to take any Client calls if your online status in the Licensed Application is set as ‘available’, beyond the above timelines.
  8. You shall ensure that all calls are scheduled by the way of appointments and that you shall take the scheduled call at the agreed upon time and will avoid cancellation of scheduled calls. If you have to cancel the call for any valid, genuine reason which cannot be avoided you will keep the Client and the customer service of the Application Provider informed about such cancellation. In such cases, you will ensure that the Client and the customer service of the Application Provider are informed about such cancellation at the earliest.
  9. You will endeavour, on a best efforts basis, to register your existing Clients with the Licensed Application.
  10. You acknowledge and agree that you will not solicit or induce any Client registered with the Licensed Application to leave the Licensed Application and avail your Services outside of the Licensed Application, for example: at your clinic or place of practice. Provided, however, in the event that you believe, basis your professional experience and knowledge, that the Client requires personal interaction and assistance you may request the Client to visit you at your clinic or place of practice. Provided, however, you will have to obtain the specific consent of the Client (in the format available in the Licensed Application) stating that they are going out of the Licensed Application. You acknowledge and agree that the Application Provider will not be responsible for any such sessions, meetings or for any advice, guidance, counsel, recommendation provided by you to the Client in such sessions, meetings. You further acknowledge and agree to share with us 10% of the fees you charge those Clients who are taken out of the Licensed Application pursuant to a request for personal interaction by a Client and your advice accordingly. You will submit to the Application Provider a true and accurate account of the fees charged to the Client based on the personal interactions. We will deduct the said 10% of the fees charged to the Clients from the invoices raised by you for the Services rendered hereunder. In the event that you cease to render any Services through the Licensed Application or if the Services rendered are insufficient to cover the said 10% fees, you will have to make payments to the Application Provider for the 10% fees by way of cheque or NEFT/bank transfer or otherwise for those Clients who are taken out of the Licensed Application pursuant to a request for personal interaction by the Client and your advice accordingly. Please note that it will be the Counsellors responsibility to inform the Application Provider in relation to those Clients who request for personal interaction and your inability (with or without cause) to do so shall attract action by the Application Provider.
  11. You shall not enter into same or similar business relationships or arrangements with any other company or entity during the tenure of your use of the Licensed Application and for a period of three (3) months thereafter.
  12. You acknowledge and agree that in the event of weak internet strength or mobile signal strength a video call will automatically switch to an audio call. In such cases of switching of video call to audio call the billing will be at the rates applicable to audio call from the start of the call.
  13. You acknowledge and agree that the Application Provider does not select or screen the Clients who will avail the Services through the Licensed Application and therefore, will not be responsible for the behaviour, conduct and genuineness of the Clients who register with the Licensed Application. You agree to rate your experience with the Client at the end of each session on the basis of which the Application Provider will take appropriate action in the event of low ratings, complaints against the Client etc. In the event that any client shows suicidal tendencies or in any manner treats the Licensed Application as a suicide helpline, you will promptly inform the client that you are not equipped/qualified to deal with suicidal tendencies and refer the client to a suicide helpline or to another counsellor outside the Licensed Application. Please note that promptly after referring the client to a suicide helpline or to another counsellor (outside of the Licensed Application) you will end the call with such client..
  14. You acknowledge and agree to attend the quarterly/scheduled supervision and feedback sessions conducted by the Application Provider to evaluate your use and provision of Services through the Licensed Application.
  15. You will not copy, decompile, reverse engineer, modify, translate, localize or create derivative works or otherwise inspect the functionality of the Licensed Application or derive the source code of any software in the Licensed Application.
  16. You when using the Licensed Application will not transmit any information that contains a virus, worm, time bomb, trojan horse or other harmful or disruptive component.

PAYMENT

You agree that the payment model adopted under this Terms and Conditions is that of revenue sharing between you and the Application Provider, on the basis of the Licensed Application that is being provided by the Application Provider and the Services that will be provided by you.

Your per minute rate (inclusive of applicable service tax) for providing the Services to the Client will be as per the rates displayed on the Licensed Application at the time when the Client books the call. Provided however that, if at the scheduled time of the call, your rate as displayed on the Licensed Application is lower than the rate at which the call was originally booked then the lower rate will be considered as your per minute rate for providing the Services. You agree that the billing for your Services to the Client will be on a per minute basis and the call summary such as details of the time spent on audio or video call, billings per call will be provided at the end of each call by the Licensed Application. At the end of each month, the Application Provider will submit a consolidated monthly statement containing details of all your calls/Services to the Clients rendered through the Licensed Application such as date and time of the calls, time spent on audio or video calls and the billings per call. Based on the consolidated monthly statement, the Counsellor will determine the extent of the Services rendered to the Clients through the Licensed Application and raise an invoice for payment of such services rendered. The invoice raised by the Counsellor will contain details of the fees charged per the rate card displayed on the Licensed Application, invoices raised on the Clients who are taken out of the Licensed Application and 10% of the fees charged to such Clients who are taken out of the Licensed Application will be deducted from the invoice raised by the Counsellor for the Services rendered through the Licensed Application as set out in these terms above. In the event that you cease to render any Services through the Licensed Application or if the Services rendered are insufficient to cover the said 10% fees, you will have to make payments to the Application Provider for the 10% fees by way of cheque or NEFT/bank transfer or otherwise for those Clients who are taken out of the Licensed Application pursuant to a request for personal interaction by the Client and your advice accordingly. All undisputed invoices will be settled by the Application Provider by the 5th day of the succeeding month, subject to payment of the invoice by the Client and subject to deduction of withholding taxes as applicable.

The fees for all calls with Clients will be shared between you and the Application Provider in the following proportions, after deducting taxes

You (Counsellor): 70% of the revenue generated by you from the monthly Client calls deducting applicable service tax/any other statutory deductions as per law;

Application Provider: 30% of the revenue generated from your monthly Client calls.

Intellectual Property Ownership

You acknowledge and agree that (i) all Intellectual Property Rights in and to the Licensed Application or other software or technology used or developed in the course of your use of the Licensed Application, including the ‘Parenting on Demand’, ‘POD’ or ‘Quinsel’ trademark and brand, belong solely to the Application Provider and are the proprietary product of the Application Provider and that you will not claim or assert any proprietary interest or rights in the Licensed Application, either during or after your use of the Licensed Application; and (ii) you will not copy, decompile, reverse engineer, modify, translate, localise or re-create any part of the Licensed Application or otherwise inspect the functionality of any part of the Licensed Application or derive the source code(s) of any software algorithm in the Licensed Application.

Confidentiality

During the tenure of your use of the Licensed Application and at all times thereafter, you will (a) hold all Confidential Information in strict trust and confidence, (b) refrain from using or permitting others to use the Confidential Information in any manner or for any purpose not expressly permitted or required by this Terms and Conditions, (c) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining the Application Provider’s/the Client’s express prior written consent on a case-by-case basis.

Your obligations set out above will not extend to any particular information that you can prove, by clear and convincing evidence that, (a) you lawfully knew prior to the Application Provider’s/the Client’s first disclosure to you (b) a third party rightfully disclosed to you free of any confidentiality duties or obligations, or (c) is, or through no fault of your’s has become, generally available to the public or (d) is required to be disclosed in accordance with applicable laws, regulations, court, judicial or other government order, whereupon you shall provide prompt notice to the Application Provider/the Client of the Confidential Information in question, who will then have a reasonable opportunity to respond prior to such disclosure by you.

In the event you are required, at any time during the tenure of your use of the Licensed Application, to disclose any Confidential Information, pursuant to a valid and subsisting order of a court or other judicial, quasi judicial or government body, you shall, forthwith, upon receiving notice of the requirement of such disclosure, give adequate notice to the Application Provider/the Client of any such requirement for disclosure so as to allow the Application Provider/the Client a reasonable opportunity to limit such disclosure. In any event, in making such disclosure you shall only disclose such information as may be absolutely necessary and only to the extent expressly required by the court or other judicial, quasi-judicial or government body.

Upon the Application Provider’s/the Client’s request and upon any termination of this Terms and Conditions, you will promptly (a) return to the Application Provider/the Client or if so directed by the Application Provider/the Client, destroy all tangible embodiments of the Confidential Information (in every form and medium), (b) permanently erase all electronic files containing or summarizing any Confidential Information, and (c) certify to the Application Provider/the Client in writing that you have fully complied with the foregoing obligations.

TERMINATION

The license to the Licensed Application is effective until terminated by you or by the Application Provider in the following circumstances:

  1. When you delete your account of your own accord or send an email to notify@quinsel.com requiring deletion of your account.
  2. When the Application Provider ceases to make available the Licensed Application with the provision of seven (7) days’ notice.

Additionally, your rights under this license will terminate automatically without notice from the Application Provider, if you fail to comply with any term(s) set out in these Terms and Conditions or in case the Services provided by you are unsatisfactory. In such event, the Application Provider reserves the rights to delete your account and deny you access to the Licensed Application. Upon termination of the license for any reason, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

Upon termination of the license, the Application Provider will pay your un-paid revenue share up to the date of termination and you will not be entitled to claim any further compensation thereafter. Provided, however, you must complete all pending call(s) before the termination.

[Note: Merely un-installing the Licensed Application from your mobile device will not result in the deletion of your account or information from the Licensed Application and you will have to send an email to notify@quinsel.com and info@quinsel.com if you wish to delete your account or information from the Licensed Application databases and servers.]

ADVERTISEMENTS

The Application Provider or any third party advertisers may display advertisements and promotions on the Licensed Application. The manner, mode and extent of advertising by the Application Provider on the Licensed Application are subject to change. By clicking on any advertisements you may leave the Licensed Application and be directed to an external application/website, or to an application/website maintained by an entity other than the Application Provider. If you decide to visit any such website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Application Provider makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.

The Application Provider makes no warranty or representation regarding the merchantability, fitness for particular purpose, availability, efficacy, reliability, and durability of any product or service advertised on the Licensed Application.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES“) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN SUCH CASES THE ABOVE EXCLUSION AND LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMISSABLE BY LAW.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE APLLICATION PROVIDER OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND FUNCTIONS OF THE LICENSED APPLICATION OR ANY LINKED WEB SITE/ MOBILE APPLICATION, EVEN IF THE APPLICATION PROVIDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NON-DISPARAGEMENT

You agree to not, directly or indirectly, make any derogatory or disparaging comments about the Licensed Application and/or the Application Provider or any of the Application Provider’s present and former managing directors, shareholders, employees, agents, directors and officers.

INDEMNITY

You agree to indemnify and hold harmless the Application Provider, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of the Licensed Application, including without limitation of the foregoing, any action you take which is in violation of these Terms and Conditions.

CHOICE OF LAW

These Terms and Conditions shall be governed by the laws of Republic of India without giving effect to its conflict of laws provisions. These Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.

DISPUTES SETTLEMENT

All disputes between the Application Provider and Counsellors which are not settled through mutual negotiations within 30 days of either party raising an issue will be resolved through binding arbitration pursuant to the provisions of the Indian Arbitration and Conciliation Act, 1996. The place of arbitration shall be Bangalore.

NO THIRD PARTY BENEFICIARIES

This contract is solely for your benefit and the benefit of Application Provider.

SEVERABILITY

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

Please email us at info@quinsel.com and notify@quinsel.com if you have any questions regarding these Terms and Conditions.

ANDROID™ TERMS OF USE

You will be governed by any additional terms of use that may be specified by the Android™ store or platform from which you downloaded this Licensed Application.

CONTACT US

If you have any concerns, complaints or grievances about other users or their manner of use of the Licensed Application, including their use of the Licensed Application in any manner to harass, abuse, stalk, bully, threaten, defame, impersonate, gamble, exhibit or transmit sexually explicit, pornographic, pedophilic content, promulgate hate speech, carry out illegal activities or otherwise infringe or violate your rights including any patent, copyright, trademark, trade secret or other proprietary rights, please feel free to contact the Grievance Officer Monday to Friday 9:00am to 5:00pm

Name: Grievance Officer

Contact Details: +91 9148824380

[Note: You acknowledge and agree that merely un-installing the Licensed Application from your mobile device will not result in the deletion of your information from the Licensed Application and you will have to send an email to notify@quinsel.com if you wish to have all your information deleted from the Licensed Application databases and servers.]

THE USE OF THE LICENSED APPLICATION OR ANY PART OF THE SERVICES ON THE LICENSED APPLICATION, EITHER IN WHOLE OR IN PART, SIGNIFIES YOUR AGREEMENT TO THIS PRIVACY POLICY.

I hereby agree to these Terms and Conditions and the Privacy Policy.


Privacy Policy

This Privacy Policy (“Policy”) provides information about how Quinsel Services Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at No. 105, 13th Main, 4th Cross, BTM 1st Stage, AICOBOO Layout, Bangalore-560068, Karnataka (the “Application Provider”) collects, uses, stores, archives and transfers information/data (used interchangeably hereafter) from you, through your use of the Parenting on Demand (POD) mobile application (the “Licensed Application”).

Scope

This Policy covers only data collected through the Licensed Application and not any other data collection or processing, including, without limitation, data collection practices of other mobile applications or web pages that are linked to the Licensed Application or data that is collected offline or through web sites, products, or services offered or belonging to third parties. Occasionally, reference would be made to this Policy in notices and consent requests related to specific surveys, ratings or other modalities present in the Licensed Application

Types of Data and Collection Methods

The following instances are when data might be collected by the Application Provider; when you (i) request information; (ii) apply to use or participate in or subscribe to any service offered through the Licensed Application; (iii) submit any content in the Licensed Application; (iv) register as a user; or (vi) otherwise actively send data through/using the Licensed Application. The Application Provider will collect, use, store and archive information about you in the following general categories:

Information You Provide to Us

  • Personal Information: We access Personal Information (if any) provided by you, such as information provided at the time of (i) registration or in relation to use or modification of your account, (ii) request for on-demand services, Client support, or (iii) which is otherwise communicated to us which may include your name, email id, mobile number, photo, write-up to (a) resolve any complaints/feedback in relation to the use of the Licensed Application, (b) enhance your experience of the Licensed Application; and (c) provide you with customized content on the Licensed Application.
  • Financial Information: We access Financial Information provided by you such as your bank name and branch, IFSC code, A/C number and type of account for making payments for the Services provided by you. Please note that the payments for the Services provided will not be facilitated through the Licensed Application. Information we collect through your use of the Licensed Application
  • Location Information: We access precise location data of your mobile device when the Licensed Application is running in the foreground or background. We may also derive your approximate location from your IP address for statistical purposes to understand the demographics of the Counsellors
  • Transaction Information: We may access transaction details related to your use of the Licensed Application including the date, time and duration of your calls/interactions with the Clients, number of Clients who avail your services, complaints against your services and other related transaction details to (i) provide you with customized content on the Licensed Application; (ii) monitor the Licensed Application usage; and (iii) improve the services provided through the Licensed Application. Please note that the Transaction Information collected though the Licensed Application will belong to the Application Provider and the Application Provider will have the sole and absolute discretion to decide whether such information will be shared with you or not.
  • Usage and Preference Information: We may access information about your interactions with the Licensed Application such as the date, time and duration of your use of the Licensed Application, the Client profiles you view, and the settings you have chosen. The Application Provider uses cookies, device finger printing, open device identifier number or similar technologies to collect the information under this category. The Application Provider may use the above mentioned technologies to: (i) provide you with customized content on the Licensed Application; (ii) monitor the Licensed Application usage; (iii) improve the services provided through the Licensed Application and (iv) otherwise enhance user experience. Please note that the Usage and Preference Information collected though the Licensed Application will belong to the Application Provider and the Application Provider will have the sole and absolute discretion to decide whether such information will be shared with you or not.
  • Device Information: We may access information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, device booting status and motion information, mobile mode and state (including the silent mode, sleep mode, screen saver function, call function, etc) and mobile network information to facilitate the provision and resumption of services and functions related to the Licensed Application, as well as software updates, and product support. We may also access the vibrator on your mobile device for the purposes of pushing notifications of the Licensed Application and connected devices or users. Please note that the Device Information collected though the Licensed Application will belong to the Application Provider and the Application Provider will have the sole and absolute discretion to decide whether such information will be shared with you or not.
  • Internet: We will access the internet or wifi network or any changes in the internet or wifi network of your mobile device for running the Licensed Application and connecting you with the Clients for facilitating the provision of services.

[Note: The Licensed Application uses certain third party applications and services which may collect, use, store or transmit information of the nature set out in the categories above.]

Cookies. The Application Provider uses cookies, device finger printing, open device identifier number or similar technologies to collect the information described above. A cookie is a small text file that may be stored on the hard drive of your device when you use the Licensed Application. The Application Provider may also use the above mentioned technologies to: (i) provide you with customized content on the Licensed Application; (ii) monitor the Licensed Application usage; and (iii) conduct research to improve the services provided on the Licensed Application.

The Application Provider also allows other companies such as web/mobile analytics partners to set or access their cookies or web beacons or similar technologies on the Licensed Application. For example, the Application Provider may use third party mobile analytics partners to analyze big-data on its behalf. These third-party analytics partners employ cookies, web beacons and other similar technologies to measure and analyze the big-data. This data can also be used for online marketing purposes by the Application Provider.

Collection Purposes, Use of Data

The Application Provider uses the data (account usage and technical information) that is collected for the following general purposes:

  • To deliver the services made available through the Licensed application
  • To respond to the request that you sent us such as your request for information, or your request to subscribe to a service;
  • To administer, protect and improve the Licensed Application;
  • To better understand the preferences of users of the Licensed Application;
  • To identify server problems;
  • To compile aggregated statistics about usage of the Licensed Application;
  • To help personalize your experience of the Licensed Application;
  • To help the Application Provider in its internal business functioning;
  • To provide you with information about technologies, product or service releases, news, and other communications;
  • To the extent permitted by applicable law, the Application Provider may combine various types of data that is collected; and
  • Any other use the Application Provider may describe at the point when it collects data.

Interactive Features/Forums

The Licensed Application provides interactive features (such as audio or video calls/chats) that allow you to disclose information directly to Clients. You understand and acknowledge that your participation in such interactive features is completely voluntary and any information (including personal information) which you may share with any Clients, whilst using the Licensed Application, will be solely at your risk as to the security of such information. You understand that the Application Provider does not store such information and cannot guarantee the security of such information or the nature of its use by the Clients to whom you disclose such information.

Disclosures of Personal & Other Information

The Application Provider may share or transfer information you disclose on or is collected through the Licensed Application only for the following purposes: (i) to third parties who process the data on its behalf for the purposes set forth in this Policy; (ii) to Clients for their use of the Licensed Application (including for the purpose of purchasing/availing of your services), when you sell your services through the Licensed Application; (iii) as required by law or in the interest of protecting or exercising the Application Provider’s or others’ legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings; and (iv) to partners of the Application Provider who specialize in Big Data analytics, marketing and advertising, for use of the data in their businesses.

Access

If personal information you have submitted through the Licensed Application is no longer accurate, current, or complete, you are allowed to update these changes using the Licensed Application, but the Application Provider reserves the right to use information obtained previously to verify your identity or take other actions that it believes is appropriate.

Children’s Privacy

The Licensed Application is intended for adults. The Application Provider does not intentionally or knowingly collect personally-identifiable information from minors (under the age of 18) and requests that minors (under the age of 18) do not submit any personal information on the Licensed Application.

Security

Transmissions over the Internet are never 100% secure or error-free. However, the Application Provider takes reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Amendments

The Application Provider reserves the right to change, modify, add or remove portions of this Policy at any time, but will alert you that changes have been made by indicating on the Policy the date it was last updated. When you use the Licensed Application, you are accepting the current version of this Policy as posted on the Licensed Application at that time. It is recommended that users revisit this Policy on occasion to learn of any changes.

Contact Us

If you have any questions, or concerns about this Policy or any complaints or grievances about the manner in which the Application Provider handles your personal information or the use of your personal information (in doing so acknowledging that the Application Provider may be unable to provide you all or some of the services), please feel free to contact the Grievance Officer Monday to Friday, between 9:00am and 5:00pm

Name: Grievance Officer

Contact Details: +91 9148824380

[Note: You acknowledge and agree that merely un-installing the Licensed Application from your mobile device will not result in the deletion of your information from the Licensed Application and you will have to send an email to notify@quinsel.com if you wish to have all your information deleted from the Licensed Application databases and servers.]

THE USE OF THE LICENSED APPLICATION OR ANY PART OF THE SERVICES ON THE LICENSED APPLICATION, EITHER IN WHOLE OR IN PART, SIGNIFIES YOUR AGREEMENT TO THIS PRIVACY POLICY.

I hereby agree to these Terms and Conditions and the Privacy Policy.