USER 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 Client), who are essentially the parents or legal guardians of infants and young adults (upto the age of 15 years) to interact with counsellors for the purpose of availing real-time counseling advice.

Please note that the POD app is only meant to provide counseling services to you for addressing behavioral and psychological conditions of infants and young adults and is not meant as a medical, clinical or psychiatric advice of any kind.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 do 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 AVAILED USING THE POD MOBILE APP.

DEFINITIONS

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

  1. “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 Layout, Bangalore-560068, Karnataka who is the owner of the POD Application and all the Intellectual Property in the POD Application.
  2. “Counsellor” means an individual being an Indian national, 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.
  3. “Client or you” means an individual, being an Indian national, of a legally contractible age (18 years and above), who is either a legal guardian or parent of the client for whom the Services are availed and who has downloaded the POD Application and registered on it for the purpose of availing the Services.
  4. “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. 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 that of his/her child which includes but is not limited to name, age, gender, address, email ID, phone/mobile number and any other information which will be treated as personally identifiable information under Applicable Law, 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 to 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 Android™ device that you own or control. This license does not allow you to use the Licensed Application on any Android™ 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 or to avail the Services of the Counsellors through the Licensed Application. Please note that 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.

In order to be able to download the Licensed Application and to register with us, you will have to provide details such as your name, mobile number, email ID and photo (optional). Please note that your name, mobile number and email ID will not be visible or shared with the Counsellors on/through the Licensed Application, unless voluntarily shared by you during the scheduled calls with the Counsellors

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. 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.comof 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 these Terms and Conditions; (c) respond to claims that the registration and profile information violates the rights of third parties; (d) respond to your requests for customer service; or (e) 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.

  • Personal Information: We access Personal Information 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, customer support, or (iii) which is otherwise communicated to us which may include your name, email id, mobile number, photo 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.
  • 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 Clients and also to fine tune your search of the relevant Counsellors through the Licensed Application in order to enhance the experience of the Licensed Application.
  • 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 Counsellors, number of calls made to the Counsellors, details of the Counsellors from which the Services have been availed, complaints against the Services availed 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 Counsellor 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 Counsellors 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 at the end of this document.

SERVICES & THIRD PARTY MATERIAL

The Licensed Application enables you to interact with Counsellors for the purpose of availing 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 (by way of scheduled calls or sessions) with the Counsellors for the purpose of availing the Services. Beyond this functionality, the Licensed Application has no role to play in the interaction between you and the Counsellor. You understand that the Counsellor will be solely responsible for and have complete and exclusive control over the counseling and personal interactive sessions scheduled with you through the Licensed Application, and accordingly given the Counsellor’s 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 the Counsellor to you. You acknowledge and agree that the Application Provider will not be responsible for breach of any understanding and agreement between you and the Counsellor and will not be responsible for any service levels, guarantees, or quality promised by the Counsellors in relation to the Services offered. The Application Provider will not be responsible in the event that a Counsellor does not dial in for a scheduled call with you or fails to make himself available for follow up sessions as requested by you.

You acknowledge and understand that the Counsellor can provide the Services in his/her area of expertise only. In the event that the Counsellor feels that any counseling service required or requested by you is beyond his area of expertise, professional capacity the Counsellor may refer you to another counsellor.

You agree to use the Licensed Application at your sole risk. You also understand that any information (including Personal Information) you may share with any Counsellors 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 Counsellors to whom you disclose such information. You understand and agree that the Counsellor shall be solely responsible for maintaining the confidentiality of any and all Client information (including Personal Information) shared through the interactive features (such as audio and video calls/chats of the Licensed Application) and for ensuring that the information is used only for the purpose of providing the Services. Provided, however, that if you are being referred to another counsellor registered/empanelled with the Licensed Application, the Counsellor may, after receiving your prior written consent in writing, share your Personal Information and other counselling information with such other counsellor.

You agree to make yourself available for all scheduled calls with the Counsellors at the agreed upon time and to 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 Counsellor and the customer service of the Application Provider informed about such cancellation. In such cases, you will ensure that the Counsellor and the customer service of the Application Provider are informed about such cancellation at the earliest.

You agree to rate your experience with the Counsellor 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 Counsellors etc.You understand that you have the option to immediately disconnect the call with the Counsellor if you are unsatisfied /unhappy with the Services of the Counsellor. Provided, however, you will be billed for the Services availed till the time the call was disconnected.Additionally, 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.

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 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.

BILLING AND PAYMENT

The per minute rate of the Counsellor for providing the Services to the Client will be as per the rates displayed on the Licensed Application plus applicable service tax at the time when the Client books the call. Provided however that, if at the scheduled time of the call, the Counsellor’s 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 the Counsellor’s per minute rate for providing the Services and the Client will be billed at the lower rates. You agree that the billing for the Counsellor’s Services 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. All charges on the platform will be charged applicable service tax or any other tax that may be a statutory requirement for providing the service.

The payment for the Services will be by way of auto debit from the money maintained by the Client in the Oxygen / Paytm or any other mobile wallet. You acknowledge and agree to register with, fulfill the documentation and other requirements of, and adhere/comply with the terms and conditions and privacy policy of Oxygen and Paytm for making payments for the Services availed through the Licensed Application.

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.

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. 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.

[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 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 APPLICATION 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.

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.Details of such web/mobile analytics partners can be found at along with their respective privacy policies.

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 HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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