This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.ucare.co.in] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Web App”)
The App / Web App “UCare Health” is owned by TransAsia Ventures Private Limited a company incorporated under the Companies Act, 1956 with its registered office at A-403, Mittal Commercia, Marol, Andheri East, Mumbai – 400059, (hereinafter referred to as "TransAsia/UCare Health").
Your use of the App / Web App and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the App / Web App including the applicable policies which are incorporated herein by way of reference. If you transact on the App / Web App, You shall be subject to the policies that are applicable to the App / Web App for such transaction. By mere use of the App / Web App, You shall be contracting with UCare Health and these terms and conditions including the policies constitute your binding obligations, with UCare Health.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a subscriber on the App / Web App by providing Registration Data while registering on the App / Web App as Registered User using the computer systems. TransAsia / UCare Health allows the User to surf the App / Web App or taking subscriptions without registering on the App / Web App. The term "We", "Us", "Our" shall mean TransAsia Ventures Private Limited and/or UCare Health.
When You use any of the services provided by Us or through different service providers partnered with Us through the App / Web App, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the App / Web App following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Web App.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by TransAsia/UCare Health Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.
We UCare Health, brings to you a complete health and wellness services that help you shift to a healthier lifestyle and reach your goals. If you are not eligible, or do not agree to the Terms, then you do not have permission to use the Service. THE SERVICE IS AVAILABLE TO UCARE HEALTH USERS IN INDIA. THE SERVICE IS INTENDED ONLY TO RECORD, DISPLAY, STORE, ANALYISE AND TRANSMIT HEALTH DATA, AND OTHER FITNESS RELATED DATA DERIVED FROM USE OF THE SERVICE. YOU, AS THE USER OF THE SERVICE, ARE RESPONSIBLE FOR ALL THE PERSONAL DATA RECORDED AND STORED BY THE SERVICE. THE SERVICE IS NOT INTENDED TO DIAGNOSE ANY HEART CONDITION OR AUTOMATICALLY ALERT HEALTHCARE PROFESSIONALS OR PATIENTS TO POTENTIALLY SERIOUS HEART OR CARDIOVASCULAR CONDITIONS OR ABNORMAL ARRHYTHMIAS OR ANY OTHER HELATH / FITNESS RELATED CONDITIONS. THE SERVICE IS NOT INTENDED FOR COUNTINUOUS MONITORING AND WE DO NOT GUARANTEE A RESPONSE BY ANY PHYSICIAN(S) TO MESSAGES POSTED OR MEDICAL EVENTS REPORTED THROUGH THE SERVICE. Unless you are a consumer located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution, these Terms provide that all disputes between you and UCare Health will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge.
1.Use of the Service
The Service is intended only to allow you to subscribe to plans of health and wellness and to view, share data with your healthcare professional, and use certain data pertaining to you as made available by the Service. You may not access or use the Service for any other purpose. You may use the Service, including any data presented to you on or by the Service, or otherwise hosted or stored by UCare Health for you, only for lawful and appropriate purposes on your own behalf, and subject to your full compliance with these Terms and any other guidelines and policies applicable to the Service which UCare Health may post from time to time. UCARE HEALTH DOES NOT PROVIDE MEDICAL ADVICE. DO NOT USE THE SITE / APP OR THE SERVICES FOR ANY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU THINK YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR YOU ARE HAVING A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL THE MEDICAL EMERGENCY SERVICES IN YOUR HOME JURISDICTION. The Services provided by UCare Health, does not constitute medical advice of any kind and it is not intended to be, and should not be used to diagnose or identify treatment for a medical or mental health condition. Nothing on the App / Web App or in the Services should be construed as an attempt to offer or render a medical or mental health opinion or diagnosis, or otherwise engage in the practice of medicine by UCare Health.
2.Eligibility
You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations in your local jurisdiction. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
3.Accounts and Registration
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself including but not limited to personal information such as your name, email address, password, gender, height and birthdate. You may choose to provide additional information to us. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. Based on the information provided by you, we might send you notifications, emails and/or sms alerts. You shall not hold us liable for any expenses or loss that you might incur resulting in considering our notifications, emails and/or sms alerts. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support1@thriwe.com Your account may automatically expire following any period of inactivity associated with your account in excess of six (6) consecutive months.
4.Payment
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, to the fullest extent permitted under applicable law. If UCare Health changes the fees for the Service, including by adding additional fees or charges, UCare Health will provide you advance notice of those changes. If you do not accept the changes, UCare Health may discontinue providing the Service to you. UCare Health will charge the payment method you specify at the time of purchase. You authorize UCare Health to charge all sums as described in these Terms, for the Service you select, to that payment method. UCare Health does not collect or store financial account information as mentioned in the Privacy Policy. In the event of any dispute regarding charges of any services, UCare Health shall have the right to recover the said disputed amount from you and you shall not object to the same. UCare Health application is a Web App with variety of services related to fitness, security, any ancillary services etc., usage of which will be chargeable. Access to the service, or to certain features of the service, may require you to pay fees.
5.License
UCare Health owns and operates the Service, however, certain services are provided by third party service providers. The documents and other information and content available on the Service (the "Site Content") are protected by intellectual property laws. All copyright and other proprietary notices on any Site Content must be retained on any copies made thereof. Any unauthorized reproduction, modification, distribution, public display or public performance of any Site Content is strictly prohibited. UCare Health and its Partners reserve all rights not granted in these Terms. Subject to the restrictions set forth in these Terms, UCare Health grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App in object code format on devices that you own or control, solely for use with the Services. By downloading or using our app(s), you:
1. Acknowledge that the App is licensed, not sold to you; and
2. Acknowledge that third party terms and fees may apply to the use and operation of your device in connection with your use of the App, such as your carrier's terms of services, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.
6.Personalized Service
Under some circumstances, UCare Health may present you with notifications or suggested actions based on UCare Health's analysis of your historical data and other information you have provided to UCare Health such as 'medications', 'symptoms' or 'activities'. For example, UCare Health may suggest that you periodically submit your data to your physician for continued surveillance of your heart health. Those notifications or suggested actions, or lack thereof, are not an indication of your health, nor are those notifications or suggested actions intended to replace the opinion of your physician. It is your responsibility to present your data to your physician, and to discuss with your physician what the proper course of action is based on your medical history. UCare Health may also allow you to schedule reminder notices using the Service, such as reminders to take medication. UCare Health makes no representations about accuracy, reliability, completeness, or timeliness of any push notifications, as parts of the process are outside of UCare Health's control. You accept that any reliance on these reminders will be at your own risk, and UCare Health disclaims all liability arising from your use of them. You agree that UCare Health may send push notifications to your mobile device for Service-related or marketing purposes, if they are enabled and in accordance with the Privacy Policy. You may turn off push notifications through your device settings.
7.User Representations and Warranties
1. UCare Health and UCare Health users represent, warrant, and covenant to UCare Health that you are a resident of India. 2. All users represent, warrant and covenant to UCare Health that (1) these Terms have been executed and delivered by you and constitute a valid and binding agreement with you, enforceable against you in accordance with their terms; (2) if you are using the Service on behalf of another entity, you are an authorized representative of the entity and have the authority and agree to bind the entity to these Terms; (3) you will not access or use the Service except as expressly permitted by these Terms and any additional instructions, guidelines or policies issued by UCare Health, including those posted in the Service; (4) you will access and use the Service in full compliance with applicable law; and (5) all of the information, data and other materials provided by you in support of your account registration are accurate and truthful in all respects.
8.Consent by User
I hereby give my consent to receive health and wellness services from UCare Health and its associated partners including but not limited to Tele-consultation, Tele-medicine, health checkups, mental wellness, yoga etc; for the collection and sharing of my medical data, images, prescriptions, fitness certificate and reports with the healthcare providers / treating doctors for the purpose of documentation and treatment. I am aware that I can partially or completely withdraw this consent at any time for the future in writing.
9.Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
1. use or access the Service (a) for any illegal purpose, or (b) in violation of any local, state, national, or international law;
2. conduct activities that may be harmful to others or that could damage UCare Health's reputation
3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or disclosing personal information about another person;
4. post, upload, or distribute marketing or advertising links or content, or any other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
5. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Service, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
6. interfere with the operation of the Service or any user's enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information, including without limitation health data or other health / fitness information, about another user or third party without their consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
7. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service or account without permission, or falsifying your account registration information;
8. modify, translate, or create derivative works, adaptations or compilations of, or based on, the Service or part thereof, or use, copy or reproduce the Service or any part thereof other than as expressly permitted in these Terms;
9.Third-Party Services and Linked Websites
The Site may contain links to other web sites operated by third parties. Such third-party web sites are not under the control of UCare Health and we are not responsible for the content of any third party web site or any link contained in a third party web site. UCare Health provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.
10.Termination of Use; Discontinuation and Modification of the Service You may terminate your account at any time by following the procedures detailed on the UCare Health website or contacting customer service at support1@thriwe.com. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, UCare Health may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time if you violate any provision of these Terms, if we no longer provide any part of the Services or for any other reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. To the fullest extent permitted under applicable law, we will have no liability on account of any change to the Service or any suspension or termination of your access to or use of the Service.
11.Privacy Policy
Please read the Privacy Policy ("Privacy Policy") carefully for information relating to our collection, use, storage and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms. You consent to the collection, use, disclosure and other processing or handling of your personal information (including sharing data with third party providers) as described in the Privacy Policy.
12.Modifications to these Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations ("Material Modifications"), we will notify you of the modified Terms by email to the address you provided in your user profile or on the UCare Health App that you are using. Material Modifications will be effective upon your acceptance of such modified terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your sole and exclusive remedy if you do not agree with any modification to these Terms is to cancel your account. You may not amend or modify these Terms under any circumstances.
13.Ownership; Proprietary Rights
The Service is owned and operated by UCare Health. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by UCare Health are protected by intellectual property and other laws. All Materials included in the Service are the property of UCare Health or our third-party licensors. Except as expressly authorized by UCare Health, you may not make use of the Materials. UCare Health reserves all rights to the Materials not granted expressly in these Terms.
14.Subcontractors
You hereby consent to UCare Health's engagement of third parties (including UCare Health's affiliates) to perform, or support the performance of, all or any portion of the Service or the UCare Health website / application.
15.Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant UCare Health an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
16.Indemnity
To the fullest extent permitted under applicable law, you are responsible for your use of the Service, and you will indemnify, hold harmless, and, if so directed by UCare Health, defend UCare Health and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "UCare Health Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorney’s fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service through application/website; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; and (e) all claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence committed by you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
17.Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE UCARE HEALTH ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE SERVICE, OR THE AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER THE HEALTH DATA OR ANY OTHER HEALTH / FITNESS INFORMATION AVAILABLE ON OR TRANSMITTED BY THE SERVICE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UCARE HEALTH IS NOT RESPONSIBLE FOR ANY HEALTHCARE / FITNESS OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. THE UCARE HEALTH ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE UCARE HEALTH ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
18.Limitation of Liability
IN NO EVENT WILL THE UCARE HEALTH ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY UCARE HEALTH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SERVICES. IF UCARE HEALTH CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN THE AGGREGATE LIABILITY OF UCARE HEALTH ENTITLES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO USE THE SERVICE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19.Force Majeure
UCare Health will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. To the fullest extent permitted under applicable law, for purposes of this section, "Force Majeure Event" means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labour strikes; (5) telecommunications, network, computer, server or Internet downtime; (6) unauthorized access to UCare Health's information technology systems by third parties; or (7) other causes beyond the reasonable control of UCare Health.
20.Governing Law and Competent Courts
To the fullest extent permitted pursuant to applicable law, these Terms are governed by the laws of the India without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and UCare Health agree to submit to the personal and exclusive jurisdiction of the courts of Mumbai for the purpose of litigating any dispute.
21.General
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and UCare Health regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be granted or withheld at UCare Health's sole discretion. Any attempted assignment by you without such consent shall be null and void. We may assign these Terms at any time without notice or consent, to the fullest extent permitted under applicable law. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
22. Dispute Resolution and Arbitration
Generally to the fullest extent permitted under applicable law and in the interest of resolving disputes between you and UCare Health in the most expedient and cost effective manner, you and UCare Health agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. The place of Arbitration shall be Mumbai.
23. Contact Information
The Service is offered by UCare Health. You may contact us by emailing us at support1@thriwe.com
These terms and conditions (“Terms”) shall be applicable to the Customer (as defined hereinafter) participating in the Offer (as defined hereinafter) who agrees to be bound by the same and shall regulate the provisions of the specified products and services provided by Axis Bank Limited (“Bank”). Any User participating in the Offer shall be deemed to have read, understood and accepted these Terms. These Terms shall be in addition to and not in derogation of other applicable terms and conditions of any account or any other facility/services offered by the Bank and/or such other terms and conditions as may be specified by the Bank.
Definitions:
The following words and phrases shall have the meanings set out herein below in this document unless repugnant to the context:
“Offer” shall mean UCare health benefits offered to the Customer, details to which are provided under Part A; and
“Customer” shall mean the Priority Banking customer who is transaction active (debit card/UPI transaction) on the date of availing the Offer.
Part A: Offer Details:
The Offer will constitute the following services for Priority Banking Customers:
1. Emergency Services:
- 24 x 7 Emergency Doctor availability on call with first 3 (Three) consultations complimentary
2. Medical Services:
- Consult with a General Physician within 30 (Thirty) minutes: Unlimited planned consultations complimentary; 10 am to 6 pm
3. Health Checkup:
- 1 (One) Complimentary full body Health Check-up
- 30% (Thirty percent) discount on Health Check-ups after the complimentary Health Check-up
Hospi-Cash Cover
- Hospital cash cover of Rs 1000 (Indian Rupees One Thousand only) /day for a maximum of 10 (Ten) days
How to avail the Offer:
1. You shall receive an E-mail and SMS with webform registration link to show interest in availing the Offer
2. Click on the webform registration link in the Email/ SMS
3. Fill the required details and verify OTP to register
4. Your membership will be activated within 30 days
5. Upon activation, you will receive login details via SMS/Email along with Ucare microsite link
6. You can avail Offer benefits by logging into microsite link
Terms and Conditions:
- Offer validity: Offer is valid till 1 (One) year from the date of availing the Offer
- Offer Eligibility: Offer is applicable only upon meeting Priority Program Eligibility Criteria and doing 1 (One) debit Card/UPI Transaction within the first month post account opening by the Customer.
- Customer queries: Customer to reach out to dedicated UCare customer helpline Email: contactus@thriwe.com for any further queries.
- This is a limited period Offer and the Bank in its sole discretion reserves the right to alter, modify, change or vary all or any of these terms and conditions or to replace, wholly or in part, this Offer by another offer, whether similar to this Offer or not, or to withdraw it altogether at any point in time by providing appropriate intimation. The Bank and UCare will not be liable in any manner whatsoever for any loss/ damage /claim/injury that may arise due to withdrawal or change in the Terms of the Offer or discontinuation of it.
- The Bank does not make any representation or warranties about the quality, merchantability, or suitability of the services offered under this Offer. Any dispute regarding these must be addressed in writing, by the Customer directly with UCare.
- The Bank and UCare will not be liable to the User for any direct, indirect, consequential, special, exemplary loss, damage or claim including third party claims whatsoever that may be suffered, or for any personal injury that may be suffered as a result of participating in the Offer.
- The Offer is subject to force majeure events and may be revoked by the Bank upon occurrence of the same.
- The Offer is non-transferable, non-assignable, non-negotiable and cannot be en-cashed or clubbed with any other offer of the Bank or UCare.
- Disputes, if any, arising out of or in connection with or as a result of the above Offer or otherwise relating here to shall be subject to the exclusive jurisdiction of the competent courts/tribunals in Mumbai only.
- Offer and these Terms and an arrangement herein shall be subject to applicable RBI guidelines issued from time to time and prevailing law and regulations. This Offer is / would be modified / discontinued based on the prevailing law / regulation at any point of time and neither party shall be under any liability or obligation or continue implementation of the said Offer till such time the terms are modified by the Parties as per the prevailing/ amended law at that point of time. In the event, that the Offer cannot be continued without total compliance of the prevailing law at any point of time, this Offer shall be deemed to be terminated forthwith from the date when the amended law restricting / prohibiting the Offer comes into force.
- Customer whose account is not active and/or are blocked/closed or have a debit freeze will not be eligible for the benefits of this Offer.
- Customer/s whose account has been classified as delinquent before or during the validity of the Offer will not be eligible for the benefits of the Offer. Bank’s discretion in this regard shall be final.
- The Bank and UCare are not responsible for any errors and/or omissions in the Terms contained herein. All information is provided on "as is" basis without warranty of any kind. The Bank and UCare make no representation and disclaim all express, implied, warranties of any kind to the User and/or any third party including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
- The Customer agrees to indemnify and keep the Bank indemnified for any loss or damage that Axis Bank may suffer with respect to the Offer including but not limited to any fraudulent and/or illegal transaction or any misrepresentation made by the Customer while participating in this Offer.
- In the event of any conflict or inconsistency regarding any instructions and conditions on any advertising or promotional material relating to the Offer, these Terms shall prevail over all such other instructions and conditions and failure by the Bank to enforce any of its rights at any stage does not constitute a waiver of those rights.
These terms and conditions (“Terms”) shall be applicable to the Customer (as defined hereinafter) participating in the Offer (as defined hereinafter) who agrees to be bound by the same and shall regulate the provisions of the specified products and services provided by Axis Bank Limited (“Bank”). Any User participating in the Offer shall be deemed to have read, understood and accepted these Terms. These Terms shall be in addition to and not in derogation of other applicable terms and conditions of any account or any other facility/services offered by the Bank and/or such other terms and conditions as may be specified by the Bank.
Definitions:
The following words and phrases shall have the meanings set out herein below in this document unless repugnant to the context:
“Offer” shall mean UCare health benefits offered to the Customer, details to which are provided under Part A
“Customer” shall mean the Prestige Banking customer who is maintaining the minimum required eligibility criteria for Prestige Accounts on the date of availing the Offer.
Part A: Offer Details:
The Offer will constitute the following services for Prestige Banking Customers:
1. Emergency Services:
- 24 x 7 Emergency Doctor availability on call with first 3 (Three) consultations complimentary
2. Medical Services:
- Consult with a General Physician within 30 (Thirty) minutes in 7 (Seven) different languages: 10 (Ten) planned consultations complimentary; 10 am to 6 pm
3. Health Checkup:
- 1 (One) Complimentary full body Health Check-up
- 30% (Thirty percent) discount on Health Check-ups after the complimentary Health Check-up
Hospi-Cash Cover
- Hospital cash cover of Rs 1000 (Indian Rupees One Thousand only) /day for a maximum of 07 (Seven) days
How to avail the Offer:
1. You shall receive an E-mail and SMS with webform registration link to show interest in availing the Offer
2. Click on the webform registration link in the Email/ SMS
3. Fill the required details and verify OTP to register
4. Your membership will be activated within 30 days
5. Upon activation, you will receive login details via SMS/Email along with Ucare microsite link
6. You can avail Offer benefits by logging into microsite link
Terms and Conditions:
- Offer validity: Offer is valid till 1 (One) year from the date of availing the Offer
- Offer Eligibility: Offer is applicable only upon meeting Priority Program Eligibility Criteria and doing 1 (One) debit Card/UPI Transaction within the first month post account opening by the Customer.
- Customer queries: Customer to reach out to dedicated UCare customer helpline Email: contactus@thriwe.com for any further queries.
- This is a limited period Offer and the Bank in its sole discretion reserves the right to alter, modify, change or vary all or any of these terms and conditions or to replace, wholly or in part, this Offer by another offer, whether similar to this Offer or not, or to withdraw it altogether at any point in time by providing appropriate intimation. The Bank and UCare will not be liable in any manner whatsoever for any loss/ damage /claim/injury that may arise due to withdrawal or change in the Terms of the Offer or discontinuation of it.
- The Bank does not make any representation or warranties about the quality, merchantability, or suitability of the services offered under this Offer. Any dispute regarding these must be addressed in writing, by the Customer directly with UCare.
- The Bank and UCare will not be liable to the User for any direct, indirect, consequential, special, exemplary loss, damage or claim including third party claims whatsoever that may be suffered, or for any personal injury that may be suffered as a result of participating in the Offer.
- The Offer is subject to force majeure events and may be revoked by the Bank upon occurrence of the same.
- The Offer is non-transferable, non-assignable, non-negotiable and cannot be en-cashed or clubbed with any other offer of the Bank or UCare.
- Disputes, if any, arising out of or in connection with or as a result of the above Offer or otherwise relating here to shall be subject to the exclusive jurisdiction of the competent courts/tribunals in Mumbai only.
- Offer and these Terms and an arrangement herein shall be subject to applicable RBI guidelines issued from time to time and prevailing law and regulations. This Offer is / would be modified / discontinued based on the prevailing law / regulation at any point of time and neither party shall be under any liability or obligation or continue implementation of the said Offer till such time the terms are modified by the Parties as per the prevailing/ amended law at that point of time. In the event, that the Offer cannot be continued without total compliance of the prevailing law at any point of time, this Offer shall be deemed to be terminated forthwith from the date when the amended law restricting / prohibiting the Offer comes into force.
- Customer whose account is not active and/or are blocked/closed or have a debit freeze will not be eligible for the benefits of this Offer.
- Customer/s whose account has been classified as delinquent before or during the validity of the Offer will not be eligible for the benefits of the Offer. Bank’s discretion in this regard shall be final.
- The Bank and UCare are not responsible for any errors and/or omissions in the Terms contained herein. All information is provided on "as is" basis without warranty of any kind. The Bank and UCare make no representation and disclaim all express, implied, warranties of any kind to the User and/or any third party including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
- The Customer agrees to indemnify and keep the Bank indemnified for any loss or damage that Axis Bank may suffer with respect to the Offer including but not limited to any fraudulent and/or illegal transaction or any misrepresentation made by the Customer while participating in this Offer.
- In the event of any conflict or inconsistency regarding any instructions and conditions on any advertising or promotional material relating to the Offer, these Terms shall prevail over all such other instructions and conditions and failure by the Bank to enforce any of its rights at any stage does not constitute a waiver of those rights.
These terms and conditions (“Terms”) shall be applicable to the Customer (as defined hereinafter) participating in the Offer (as defined hereinafter) who agrees to be bound by the same and shall regulate the provisions of the specified products and services provided by Axis Bank Limited (“Bank”). Any User participating in the Offer shall be deemed to have read, understood and accepted these Terms. These Terms shall be in addition to and not in derogation of other applicable terms and conditions of any account or any other facility/services offered by the Bank and/or such other terms and conditions as may be specified by the Bank.
Definitions:
The following words and phrases shall have the meanings set out herein below in this document unless repugnant to the context:
“Offer” shall mean UCare health benefits offered to the Customer, details to which are provided under Part A;
“Customer” shall mean the Sampann Banking customer who is maintaining the minimum required eligibility criteria for Sampann Accounts on the date of availing the Offer
Part A: Offer Details:
The Offer will constitute the following services for Sampann Banking Customers:
1. Emergency Services:
- 24 x 7 Emergency Doctor availability on call with first 3 (Three) consultations complimentary
2. Medical Services:
- Consult with a General Physician within 30 (Thirty) minutes in 7 (Seven) different languages: 10 (Ten) planned consultations complimentary; 10 am to 6 pm
3. Health Checkup:
- 1 (One) Complimentary full body Health Check-up
- 30% (Thirty percent) discount on Health Check-ups after the complimentary Health Check-up
Hospi-Cash Cover
- Hospital cash cover of Rs 1000 (Indian Rupees One Thousand only) /day for a maximum of 07 (Seven) days
How to avail the Offer:
1. You shall receive an E-mail and SMS with webform registration link to show interest in availing the Offer
2. Click on the webform registration link in the Email/ SMS
3. Fill the required details and verify OTP to register
4. Your membership will be activated within 30 days
5. Upon activation, you will receive login details via SMS/Email along with Ucare microsite link
6. You can avail Offer benefits by logging into microsite link
Terms and Conditions:
- Offer validity: Offer is valid till 1 (One) year from the date of availing the Offer
- Offer Eligibility: Offer is applicable only upon meeting Priority Program Eligibility Criteria and doing 1 (One) debit Card/UPI Transaction within the first month post account opening by the Customer.
- Customer queries: Customer to reach out to dedicated UCare customer helpline Email: contactus@thriwe.com for any further queries.
- This is a limited period Offer and the Bank in its sole discretion reserves the right to alter, modify, change or vary all or any of these terms and conditions or to replace, wholly or in part, this Offer by another offer, whether similar to this Offer or not, or to withdraw it altogether at any point in time by providing appropriate intimation. The Bank and UCare will not be liable in any manner whatsoever for any loss/ damage /claim/injury that may arise due to withdrawal or change in the Terms of the Offer or discontinuation of it.
- The Bank does not make any representation or warranties about the quality, merchantability, or suitability of the services offered under this Offer. Any dispute regarding these must be addressed in writing, by the Customer directly with UCare.
- The Bank and UCare will not be liable to the User for any direct, indirect, consequential, special, exemplary loss, damage or claim including third party claims whatsoever that may be suffered, or for any personal injury that may be suffered as a result of participating in the Offer.
- The Offer is subject to force majeure events and may be revoked by the Bank upon occurrence of the same.
- The Offer is non-transferable, non-assignable, non-negotiable and cannot be en-cashed or clubbed with any other offer of the Bank or UCare.
- Disputes, if any, arising out of or in connection with or as a result of the above Offer or otherwise relating here to shall be subject to the exclusive jurisdiction of the competent courts/tribunals in Mumbai only.
- Offer and these Terms and an arrangement herein shall be subject to applicable RBI guidelines issued from time to time and prevailing law and regulations. This Offer is / would be modified / discontinued based on the prevailing law / regulation at any point of time and neither party shall be under any liability or obligation or continue implementation of the said Offer till such time the terms are modified by the Parties as per the prevailing/ amended law at that point of time. In the event, that the Offer cannot be continued without total compliance of the prevailing law at any point of time, this Offer shall be deemed to be terminated forthwith from the date when the amended law restricting / prohibiting the Offer comes into force.
- Customer whose account is not active and/or are blocked/closed or have a debit freeze will not be eligible for the benefits of this Offer.
- Customer/s whose account has been classified as delinquent before or during the validity of the Offer will not be eligible for the benefits of the Offer. Bank’s discretion in this regard shall be final.
- The Bank and UCare are not responsible for any errors and/or omissions in the Terms contained herein. All information is provided on "as is" basis without warranty of any kind. The Bank and UCare make no representation and disclaim all express, implied, warranties of any kind to the User and/or any third party including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
- The Customer agrees to indemnify and keep the Bank indemnified for any loss or damage that Axis Bank may suffer with respect to the Offer including but not limited to any fraudulent and/or illegal transaction or any misrepresentation made by the Customer while participating in this Offer.
- In the event of any conflict or inconsistency regarding any instructions and conditions on any advertising or promotional material relating to the Offer, these Terms shall prevail over all such other instructions and conditions and failure by the Bank to enforce any of its rights at any stage does not constitute a waiver of those rights.
I. GENERAL TERMS AND CONDITIONS
These terms and conditions ("Terms and Conditions") apply to and regulate the provisions of prepaid payment instruments namely Open Loop Prepaid Card(s) and Gift Card(s) (collectively “Prepaid Cards” or “Cards” or “PPIs”) provided by YouFirst Ventures Private Limited (“the Company”). The PPIs are issued by NSDL.
By completing the sign-up process for availing any of the Cards, you are deemed to have expressly read, understood and accepted each and every Terms and Conditions mentioned herein. You agree to be bound by all the Terms and Conditions mentioned herein, as may be amended from time to time.
In this agreement, “We”, “Us” or “Our” refers to the NSDL or the Company acting on behalf of NSDL. “You” or “Your” refers to the individual purchasing or using the Prepaid Card.
YouFirst has introduced the UCare Health Card, a brand of TransAsia Ventures Private Limited which is a holding company of YouFirst Ventures Private Limited. TransAsia Ventures Private Limited is into business of health and wellness and cater to consumers on PAN India basis.
The website located at youfirst.co.in (the "Site") belongs to YouFirst Ventures Pvt Ltd. ("YouFirst, "we" or "us").
UCare bring to you a digital health monitoring and care subscription service that combines fitness tracking technology to help you shift to a healthier lifestyle and reach your goals. There are lot many features and services which are associated with the PPI namely UCare Health Card. By taking UCare Health Card you are also eligible for associated services which come with the UCare Health Card. By using the UCare Health Card, you have also accepted the terms and conditions of UCare Health as mentioned on website ucare.co.in
UCare Health does not provide medical advice. Do not use the site ucare.co.in or the services for any medical or mental health needs. If you think you are having a medical or mental health emergency, call the medical emergency services in your home jurisdiction. The Services provided by UCare Health, does not constitute medical advice of any kind and it is not intended to be, and should not be used to diagnose or identify treatment for a medical or mental health condition. Nothing on the Platform or in the Services should be construed as an attempt to offer or render a medical or mental health opinion or diagnosis, or otherwise engage in the practice of medicine by UCare Health.
I. DEFINITIONS:
In these Terms and Conditions, unless the contrary intention appears and/or the context otherwise requires, capitalized terms defined by: (i) inclusion in quotations and/ or parenthesis have the meanings so ascribed; and (ii) the following terms shall have the meanings assigned to them herein below:
a) “Account” refers to a prepaid account with an account balance equivalent to amount loaded on the PPIs, for the purpose of monitoring the limits available on such PPIs.
b) “Business Day” means a day other than a Sunday, 2nd or 4th Saturday of a Month or Public Holiday as defined under Section 25 of Negotiable Instrument Act, 1881 on which banks are open to transact business of banking.
c) “Charges” means such levy, costs and charges levied by us for usage of the PPIs, as amended from time to time.
d) “Customer” or “Holder” or “You” shall mean any person to whom the PPI is issued and who is authorised to hold and use the same against the value stored on such PPI.
e) “Customer Care Centre” refers to contact center provided by us for addressing all queries, complaints raised by the Customer or any details or information sought by the Customer in relation to the PPIs.
f) “EDC” or “Electronic Data Capture” Machine means terminal, printer, other peripheral and accessory and necessary software on which the PPI can be swiped or used to initiate a transaction.
g) “Internet Payment Gateway” means the protocol stipulated/to be stipulated by us authorizing the payments made using PPI over the internet upon authentication of the Customer.
h) “KYC” shall mean Know Your Customer guidelines adopted by us for the purpose of identification and verification of the Customer, pursuant to the Regulations issued by Reserve Bank of India, from time to time.
i) “Merchant Establishments” shall mean such physical establishments (including but not limited to stores, shops, restaurants, hotels, etc.) and Reloadable stores (in any type of electronic form including but not limited to e-commerce platforms, digital marketplaces, etc.) located in India, having a specific contract with us (or a contract through a payment aggregator / payment gateway / card network) for accepting PPI.
j) “Payment Channel” shall mean various modes of transactions including but not limited to EDC/POS terminals/kiosks/Internet Payment Gateway/Mobile based payment solutions and various other modes as intimated by us from time to time.
k) “Personal Identification Number (PIN)” is a numeric password provided to the Customer by us.
l) “POS” or “Point of Sale” means electronic terminals maintained by Merchant Establishments in India at which the Customer can use the PPI.
m) “PPI” shall mean a prepaid instrument which includes and gift cards that facilitates purchases against the value stored on such PPIs as defined in the Regulations.
n) “Regulations” shall mean the master directions, circulars, notifications, rules, guidelines, regulations, etc. issued by Reserve Bank of India or any other competent authority related to issuance and operation of prepaid payment instruments in India, as amended from time to time.
o) “Schedule of Charges” shall mean the details of fees or Charges as may be prescribed by us from time to time and displayed on our website.
p) “Transaction” means any transaction initiated by the Customer using PPI at any Merchant Establishment.
q) “NSDL” or “Issuer” shall mean NSDL PAYMENTS BANK LIMITED., a banking company within the meaning of the Companies Act, 2013 having its registered office at 7th Floor, "D" Wing, Trade World, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai - 400013.
r) “YouFirst Ventures Private Limited” or “the Company” shall mean a Private Limited, a company within the meaning of the Companies Act, 1956/2013, having its registered office at 307 - 310, Mittal Commercial, Marol, Andheri East Mumbai 400059.
II. ISSUANCE AND USAGE OF PPI
a) The PPI shall be the exclusive property of the Issuer.
b) The PPI shall be valid only within the territory of India and for transactions in Indian Rupees only. The PPI cannot be used outside the territory of India or for any transactions denominated in foreign currency.
c) The Customer shall be required sign on the reverse side of the PPI (if the PPI is in the card form) immediately upon its receipt. We reserve the right to reject or cancel any Transaction in absence of the signature or mismatch of the signature, without further notice or intimation to the Customer.
d) The PPI shall not be transferable to other individual or third party under any circumstances.
e) We shall not be liable to pay any interest on any balance maintained in the PPI at any point in time.
f) The Customer agrees and confirms that the PIN shall, under no circumstances be revealed by the Customer to any relative or family members or third party. The Customer shall be solely responsible and liable for the consequences arising out of such unauthorized disclosure of PIN and/or unauthorized usage of the PPI. We disclaim all responsibility and liability arising out of or in connection with the unauthorized usage of the PPI and/or any loss or damage, whether direct or indirect, incurred by the Customer as a result of such misuse. If the Customer forgets or misplaces the PIN, the Customer should visit the website or mobile application or any other mode as may be made available by us for re-generation of PIN.
g) We will inform or intimate the Customer 45 days prior to the expiry of the PPI through SMS on the registered mobile number of the Customer or as specified in the Regulations applicable from time to time. Customer needs to utilize the entire credit balance available on the PPI prior to its expiry. In case the Customer does not utilize the credit balance available on the PPI within the validity period, the Customer can approach us for renewal of the PPI. In case the Customer does not approach us within a specified period, the outstanding credit balance available on the PPI will be transferred to a fund in compliance with the Regulations.
h) The Customer shall sign and retain all the charge slips generated for each of the Transaction consummated at a Merchant Establishment. We shall not be obliged to provide copies of the charge slips or transaction slips to the Customer. Any such request by the Customer will be at our sole discretion and provided such requests have been made by the Customer within forty-five (45) Business Days from the date of the Transaction. The Customer agrees that we shall be entitled to charge additional cost or charge for providing copies of the charge or transaction slips.
h) The Customer shall sign and retain all the charge slips generated for each of the Transaction consummated at a Merchant Establishment. We shall not be obliged to provide copies of the charge slips or transaction slips to the Customer. Any such request by the Customer will be at our sole discretion and provided such requests have been made by the Customer within forty-five (45) Business Days from the date of the Transaction. The Customer agrees that we shall be entitled to charge additional cost or charge for providing copies of the charge or transaction slips.
i) Any charge or cost levied by the Merchant Establishment in relation to any Transaction shall be directly settled by the Customer with the Merchant Establishment. We shall not be liable or responsible, either directly or indirectly, for any act or omission on the part of the Merchant Establishment or the charges or cost levied by them in relation to the Transaction.
j) All refunds and adjustments due to any Merchant Establishments on account of device error or communication link will be processed manually and the Account will be credited after due verification by us pursuant to the applicable rules, regulation and our internal policy. The Customer agrees that any subsequent Transactions will be accepted or honored only based on the available credit balance in the Account without taking into account any disputed amount under consideration by us. The Customer shall unconditionally keep us indemnified against any loss or damage caused to us on account of dishonoring the payment instructions as a result of insufficient funds in the Account. The Customer agrees that we shall be entitled to deduct the amount of such loss or damaged caused to us directly from the Account.
k) The Customer undertakes to act in good faith at all times in relation to all dealings of the PPI. The Customer accepts full responsibility for any illegal or wrongful use of the PPI in contravention to the Terms and Conditions contained herein.
l) The Customer hereby agrees not to use the PPI for making payment(s) of any goods and services, which is illegal under the laws. The PPI cannot be used for making purchases of prohibited or contraband products or services like lottery tickets, banned or prohibited magazines, participation in sweepstakes, purchase of bitcoins, payment for call-back services, etc.
m) We do not take any responsibility for any loss, damage or injuries suffered or caused to the Customer in connection with the service, quality of goods and services provided by the Merchant Establishment, refusal to accept (conditional acceptance) the PPI by Merchant Establishment and inability (technical issues) to use the PPI at Merchant Establishment.
n) The Customer hereby acknowledges and agrees that if there is no Transaction for a consecutive period of one (1) year on the PPI, subject to validity of the PPI, the same shall be made inactive by us after sending a notice to the Customer. The PPI can only be reactivated by us after validations and requisite due diligence, as stipulated from time to time.
o) The Customer hereby agrees to receive SMS or email alerts from us for all Transactions done using the PPI. The SMS or email alerts from us shall stipulate debit and credit Transactions, balance available or remaining on the PPI or such other information or details as stipulated by us, from time to time.
p) The Customer agrees that we may, at our sole discretion, utilize the services of external service provider(s) or agent(s) on such terms as required or necessary, for provisioning of the services in relation to the PPI.
III. BREACH
a) In the event of any breach of these Terms and conditions by the Customer, we shall have the sole right to forthwith cancel or terminate the PPI without having any liability, claim, demand or dispute against us.
b) The Customer undertakes and agrees to indemnify us against any loss, damage, claim, penalty, cost, charges or expenses (including legal counsel fees) that we may incur and/or suffer, whether directly or indirectly, as a result of the Customer committing any breach of the Terms and Conditions contained herein.
IV. TERM & TERMINATION
a) The PPI shall be valid until the expiry date printed on the face of the PPI.
b) The Customer agrees and undertakes to destroy the PPI upon its expiry.
c) The Customer agrees that the PPI shall be defaced by cutting off the top right-hand corner, ensuring that both the hologram and the magnetic strip have been cut and has been destroyed or received by us. The Customer agrees that the Customer shall continue to be liable for any Charges incurred on the PPI prior to its termination, irrespective of the fact whether the Customer has or claims to have destroyed the PPI.
d) We may at our sole discretion terminate the PPI if:
i. the Customer is declared insolvent or in case of death of the Customer.
ii. the Customer committing breach of any of the terms, conditions, stipulations or its obligations under these Terms and Conditions.
iii. any restriction imposed on the Customer by an Order of a competent Court or Order issued by any regulatory or statutory authority in India or any investigating agency.
iv. the program becomes illegal under the applicable laws, and Regulations.
v. the program is terminated.
e) We, at our sole discretion, reserves the right to, either temporarily or permanently, withdraw the privileges on the PPI and/or terminate the PPI at any time without giving any notice or assigning any reason thereof. In case of a temporary withdrawal, the privileges attached to the PPI shall be reinstated by us at our sole discretion. In case of a permanent withdrawal, we have a right to cancel the PPI permanently. However, it is made distinctly clear that withdrawal (temporary or permanent) shall constitute automatic withdrawal of all benefits, privileges and services attached to the PPI. The Customer agrees that in the event of temporary or permanent withdrawal of the PPI, the Customer shall continue to be fully liable for all Charges incurred on the PPI prior to such withdrawal, together with all other applicable Charges thereon, unless otherwise specified by us.
f) If we temporarily or permanently, withdraws the privileges or terminates the PPI, we will on best effort basis, promptly notify the Customer. We shall not be held liable or responsible for any such delays or laches in receipt of such notification.
g) Upon termination of the PPI as stated above, the balance amount, if any lying in the Account will be refunded back to the source.
V. CHARGES
a) Charges shall include:<
i. Any fees charged by us in respect of the PPI, including replacement, renewal, handling and other fees, if any.
ii. Service Charges on specific types of Transactions. The method of computation of such Charges will be as notified by We from time to time.
b) Charges shall be non-refundable, non-transferrable and non-assignable in nature.
c) All Charges, in the absence of manifest error, shall be final and binding on the Customer and shall be conclusive in nature.
d) All statutory taxes including goods and service tax, imposts, duties (of any description whatsoever) as may be levied from time to time by Government of India or other competent authority in respect of or in connection with the PPI, shall be borne by the Customer.
e) All Charges related to the PPI will be debited from the Account, as may be levied from time to time. The Customer shall become liable to pay as soon as a charge has been incurred by use of the PPI.
VI. LOST, STOLEN OR MISUSED PPI:
a) If the PPI is lost or stolen, the Customer must immediately report such loss or theft to Customer Care Centre and request for immediate suspension of the PPI.
b) The Customer acknowledges that once the PPI is reported lost, stolen or damaged, such PPI cannot be used again, even if found subsequently.
c) The Customer is responsible for the security of the PPI and shall take all steps towards ensuring that the PPI is not misused. In the event we determines or receives any information that the Customer has neglected or refused or failed to take steps as indicated above, in case of loss, theft or destruction of the PPI, we reserve the sole right to cancel or terminate such PPI.
d) No liability shall accrue upon the Customer for any unauthorized transactions done on the PPI, after such PPI has been reported lost, stolen or damaged by the Customer. All liabilities accrued on the PPI, post reporting by the Customer shall be borne by us. However, in case of any dispute relating to the time of reporting and/ or transaction(s) made on the PPI, post reporting of the PPI being lost, stolen or misused, all our decisions shall be final and binding on the Customer.
VII. EXCLUSION OF LIABILITY:
We shall be under no liability or responsibility to the Customer or any third party, in respect of any special, indirect, incidental, consequential, punitive or exemplary loss or damage including, but not limited to, lost profits in connection with this arrangement.
VIII. DISPUTED TRANSACTIONS:
a) Any charge or Transaction slip or other payment requisition received by us for payment shall be conclusive proof of such Charge, unless the PPI is lost, stolen or fraudulently misused and evidenced by the Customer.
b) All disputed Transactions in relation to the PPI shall be required to be raised with our Customer Care Centre, within fifteen (15) Business Days from the date of the disputed Transaction. The Customer acknowledges that any request, after fifteen (15) Business Days from the date of the disputed Transaction shall not be accepted by us.
IX. QUALITY OF GOODS AND SERVICES:
Any dispute with or complaint against any Merchant Establishment regarding any goods purchased or services availed must be directly resolved by the Customer with the Merchant Establishment.
X. DISCLOSURES:
a) The Customer acknowledges and consents to sharing of information pertaining to the Customer and the usage of the PPI with any other banks or financial or statutory or regulatory authorities only in case of any financial misuse/fraud/legal cases where RBI, any regulatory authority, Government of India or Court directs us to disclose such information.
b) The Customer acknowledges and agrees that we may report to any other banks or financial or statutory or regulatory authorities, any Customer delinquencies and/or the usage of the PPI only in case of any financial misuse/fraud/legal cases where RBI, any regulatory authority, Government of India or Court directs us to disclose such information. We shall not be obliged to disclose the details of such banks or financial or statutory or regulatory authorities to the Customer, including the extent of such disclosure unless RBI, any regulatory authority, Government of India or Court expressly permits us to disclose the name of the said financial entity.
c) The Customer hereby authorizes us and our agents to exchange, share or part with all the information relating to the Customer’s details and payment history with our group companies or Affiliates only in case of any financial misuse/fraud/legal cases where RBI, any regulatory authority, Government of India or Court directs us to disclose such information.
XI. GOVERNING LAW AND JURISDICTION:
All disputes arising in relation to these Terms and Conditions shall be governed by and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the Courts of Mumbai.
XII. AMENDMENT OF THE TERMS AND CONDITIONS:
a) We reserve the sole right to change, these Terms and conditions, features and benefits offered on the PPI, including but not limited to Charges.
b) We shall communicate the amended Terms and Conditions by hosting them on our website www.youfirst.co.in or in any other manner as decided by us.
c) The Customer shall be responsible for regularly reviewing these Terms and Conditions, including amendments thereto as may be posted on our website and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the PPI.
XIII. CUSTOMER GRIEVANCE REDRESSAL:
a) In the event of any dispute or grievance in relation to the PPI and/or these Terms and Conditions, the Customer may contact the Customer Care Centre whose details are available on the website.
b) In the event the dispute or grievance in relation to the PPI and/or these Terms and Conditions is not adequately addressed or resolved by We Customer Care Centre, the Customer may approach the Nodal Officer, details of which can be found on our website.
c) We agree that all complaints, disputes or grievance raised by the Customer shall be addressed and/or resolved in a time bound manner.
d) The Customer may at any time approach the Banking Ombudsman for the grievance redressal. The list of Banking Ombudsman is available on the website of Reserve Bank of India i.e. www.rbi.org.in.
II. TERMS AND CONDITIONS FOR GIFT CARD
This section lays out the Terms and Conditions which shall be applicable only to the Gift Card(s) issued by the Issuer.
A. DEFINITION
For the purposes of this section “Gift Card” shall mean gift card (including all its variants) issued by the Issuer and provided by us, which can be used for purchasing goods and services.
B. CHARACTERISTICS OF GIFT CARD
1. Gift Card cannot, under any circumstances, be exchanged for cash.
2. Gift Card is non-reloadable in nature.
3. Gift Card cannot be used at any ATM for cash withdrawals or for any other activity at an ATM.
4. Gift Card cannot be used for fund transfer.
C. ACCEPTANCE AND USAGE OF GIFT CARD
1. Maximum value which can be loaded on each Gift Card will not be more than Rs.10,000/-.
2. We shall not be held responsible with regards to the quality of goods and services provided to the Customer by the Merchant Establishment.
3. The Gift Card shall be used only for bonafide personal / official purposes. It is clarified that Charges incurred at certain Merchant Establishments, include a charge for availing certain additional services or other facilities by such Merchant Establishments.
4. The Customer acknowledges that all refunds in case of failed, returned, rejected or cancelled Transactions done by the Customer using any other PPI cannot be credited in the Gift Card.
D. SCHEDULE OF CHARGES
Gift Card Fees & Charges
Fee Type | Type | Charges* |
---|---|---|
Physical Card Issuance Fees | One Time | 250 |
Gift Card Replacement Fees | Per Request | 250 |
Card Blocking / Unblocking Fees | Per Request | 50 |
Card Closure Fees | One Time | 100 |
I-Pin Reissuance | Per Request | 25 |
Account Inactive Fee | Monthly | 50 |
Note: The above Charges are exclusive of all taxes. All taxes as applicable will be levied in addition to the Charges mentioned above. *Plus Applicable Taxes from time to time
III. TERMS AND CONDITIONS FOR RELOADABLE CARD (OTHER THAN MEAL CARD AND GIFT CARD)
This section lays out the Terms and Conditions which shall be applicable only to the Reloadable Card(s) issued by us.
A. DEFINITION:
For the purposes of this section “Reloadable Card” shall mean physical or Reloadable cards issued by the Issuer and provided by us, which can be used for purchasing goods and services.
B. CHARACTERISTICS OF RELOADABLE CARD:
1. Reloadable Card cannot, under any circumstances, be exchanged for cash.
2. Reloadable Card is reloadable in nature.
C. ACCEPTANCE AND USAGE OF RELOADABLE CARD:
1. Upon completion of KYC formalities Customer will be able to use the Reloadable Card for the maximum limit as prescribed under the Regulations from time to time.
At present, the KYC formalities and maximum limit prescribed is as follows:
a) Upto Rs.10,000/- by accepting minimum details of the Customer:
i. The minimum details shall include mobile number verified with One Time Pin (OTP) and self-declaration of name and unique identification number of any of the ‘officially valid document’ defined under Rule 2(d) of the PML Rules 2005, as amended from time to time.
ii. The amount loaded in such Reloadable Cards during any month shall not exceed Rs.10,000/- and the total amount loaded during the financial year shall not exceed Rs.1,00,000/-.
iii. The amount outstanding at any point of time in such Reloadable Cards shall not exceed Rs.10,000/.
iv. The total amount debited from such Reloadable Cards during any given month shall not exceed Rs.10,000/-.
v. The Reloadable Cards issued under this type shall be converted into KYC compliant Reloadable Cards within a period of 12 months from the date of issue of the Reloadable Cards. If not done, no further reload shall be allowed in such Reloadable Cards. However, the Customer shall be allowed to use the balance available in the Reloadable Card.
b) Upto Rs.1,00,000/- per month per beneficiary after completing KYC of the Customer / pre-registered beneficiary:
i. KYC requirements are specified under the Regulations issued by Reserve Bank of India and/or any other competent authority constituted by Government of India and/or Ministry of Finance, Ministry of Electronics & Information Technology or such other competent Ministry working under the instructions of Government of India from time to time.
ii. After completion of the KYC formalities, the amount outstanding on the Reloadable Cards shall not exceed Rs.1,00,000/- at any point of time.
2. We shall not be held responsible with regards to the quality of goods and services provided to the Customer by the Merchant Establishment.
3. The Reloadable Card shall be used only for bonafide personal / official purposes. It is clarified that Charges incurred at certain Merchant Establishments, include a charge for availing certain additional services or other facilities by such Merchant Establishments.
4. The Customer acknowledges that all refunds in case of failed, returned, rejected or cancelled Transactions done by the Customer using any other PPI cannot be credited in the Reloadable Card.
5. The Customer hereby acknowledges and agrees that the Reloadable Card can be reloaded as per the request placed by the corporate.
D. SCHEDULE OF CHARGES:
GPR Card Fees & Charges
Fee Type | Type | Charges* |
---|---|---|
Physical Card Issuance Fees | One Time | 250 |
GPR Card Replacement Fees | Per Request | 250 |
Card Blocking / Unblocking Fees | Per Request | 50 |
Card Closure Fees | One Time | 100 |
ATM Cash withdrawal | Per Transaction | 20 |
ATM Cash withdrawal - Other Bank | Per Transaction | 20 |
ATM Inquiry (Balance & Transaction History) | Per Transaction | 20 |
ATM Pin-Reissuance | Per Request | 50 |
I-Pin Reissuance | Per Request | 25 |
Charge Slip Retrieval Request | Per Request | 250 |
Account Inactive Fee | Monthly | 50 |
e-KYC Charges | One Time | 25 |
Note: The above Charges are exclusive of all taxes. All taxes as applicable will be levied in addition to the Charges mentioned above. * Plus Applicable Taxes from time to time
NSDL Card Fees
Gift Card Fees & Charges
Fee Type | Type | Charges* |
---|---|---|
Physical Card Issuance Fees | One Time | 250 |
Gift Card Replacement Fees | Per Request | 250 |
Card Blocking / Unblocking Fees | Per Request | 50 |
Card Closure Fees | One Time | 100 |
I-Pin Reissuance | Per Request | 25 |
Account Inactive Fee | Monthly | 50 |
Note: The above Charges are exclusive of all taxes. All taxes as applicable will be levied in addition to the Charges mentioned above. * Plus Applicable Taxes from time to time
GPR Card Fees & Charges
Fee Type | Type | Charges* |
---|---|---|
Physical Card Issuance Fees | One Time | 250 |
GPR Card Replacement Fees | Per Request | 250 |
Card Blocking / Unblocking Fees | Per Request | 50 |
Card Closure Fees | One Time | 100 |
ATM Cash withdrawal | Per Transaction | 20 |
ATM Cash withdrawal - Other Bank | Per Transaction | 20 |
ATM Inquiry (Balance & Transaction History) | Per Transaction | 20 |
ATM Pin-Reissuance | Per Request | 50 |
I-Pin Reissuance | Per Request | 25 |
Charge Slip Retrieval Request | Per Request | 250 |
Account Inactive Fee | Monthly | 50 |
e-KYC Charges | One Time | 25 |
Note: The above Charges are exclusive of all taxes. All taxes as applicable will be levied in addition to the Charges mentioned above. * Plus Applicable Taxes from time to time