These Terms of Use ("User Terms") read with the Privacy Policy available on the Application constitutes a legal binding agreement ("Agreement") between the user ("You"/ "User/s"/"Your") and Star Union Dai-ichi Life Insurance Company Limited ("SUD Life"/"We"/"Us"/"Our"/"Company) and shall apply to and govern Your visit to and use, of the You Matter Application ("Application") and any of its products or services as well as to all information, recommendations and/ or services provided to You on or through the Application. This Agreement defines the terms and conditions under which You are allowed to use the Application and describes the manner in which We shall treat Your account while You are registered as a member with Us. Thes Terms of Use apply to the services made available by Us on the Application.
Above all, it is important that You are aware that our Services are provided for informational purposes only, and do not constitute professional medical advice, diagnosis or treatment. Our services are not a substitute for professional medical advice, diagnosis, therapy or treatment. If You think You may have a medical emergency, call your doctor. You should never rely on or make health or well-being decisions which are based on information provided by our services without first consulting a doctor or other appropriate health professionals.
SUD Life's performance to this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of SUD Life's right to comply with governmental, court and law enforcement directions relating to the use of this Application or information provided to/gathered by SUD Life vis-a-vis such use.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the 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. By creating an account or using or accessing this Application, you acknowledge that you accept and agree to be bound by the terms of this Agreement, You are consenting to be bound by these User Terms and the Privacy Policy. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE APPLICATION. If You do not agree or accept any of the terms of this Agreement, then please do not access or use the Application or avail any of the services/Services being provided therein.
Your acceptance of the User Terms shall be deemed to include Your acceptance of the Privacy Policy available at the Application.
You hereby fully consent to and acknowledge that:
The objective of this You Matter Application is for promoting physical and mental health awareness and allowing users an opportunity to connect with mental health service providers in an easy & efficient manner.
The information, content and services contained in this Application and the terms and conditions are subject to change and can be revised at any time at the sole discretion of SUD Life without any prior notice. You are bound by any such revisions and therefore, We advise You to review these terms and conditions every time You use this Application and periodically to stay apprised of any and all changes.
We reserve the right to change, modify, add to, or remove, portions of these terms of use at any time at will and without any prior notice, and in the event that we are required to do so as a result of any applicable regulations or as required by law for any other purpose and as amended or made applicable from time to time and as per policy. In the event that any changes are made, it would be binding and applicable to you with immediate effect.
The data or information uploaded by You, the other data or information passively tracked and the features relating to analysis of health data and health assessments (excluding the data captured, submitted or uploaded on third party platforms accessed via this Application, which is the responsibility of such third parties solely) are primarily for purposes of creating health awareness and helping the Users in understanding their health status and related issues, and also addressing issues with Application and Our systems, to better understand the User's behaviour, to identify server problems, to compile aggregated statistics about Application usage, and to help improve Our services and Your experience. Information provided on the Application should not be treated as an offer, solicitation, invitation, advice regarding any product or services of SUD Life. The use of this Application by You is subject to its terms and conditions, any and all applicable laws and government notifications, rules, regulations and guidelines issued by regulatory and/or governmental and/or statutory bodies. By visiting this Application, You explicitly allow SUD Life, and other authorized / appointed third-party entities to collect, process, store and use the data or the information submitted/ uploaded by You on this Application. You also agree to permit SUD Life to communicate with you, from time to time, about its products and services.
SUD Life does not accept any liability towards quality, reliability or accuracy of the services or features of the Application or any third parties under this Application , including its health assessment features. The accuracy of the data collected and presented through this Application is not intended to match that of medical devices or scientific measurement devices.
SUD Life is not involved in providing any medical advice or diagnosis and hence, is not responsible for any outcome of any and all such services that You avail, on the basis of any analysis from usage of this Application. No content, assessment or results derived therefrom of this Application should be construed as medical advice or opinion of a medical practitioner. The results of you availing any services on the Application should not be construed as an endorsement by SUD Life of any such particular third party service provider.
The content, including blog posts, relaxation audios, etc. has been made available for informational purposes only, on an as is basis. SUD Life shall not be liable for any loss or damage arising from any error in such content. The posting of contents by SUD Life and/ or its authorized third-party entities, and access to this Application by You does not constitute provision of services or products by us, either explicitly or implicitly. The data, medical information and other content uploaded by You pertaining to steps walked or any other health data or information for Yourself or Your family may be utilized for rendering the health assessment services under this Application and other incidental matters thereto. The results shown or derived from such assessment are automated results generated by algorithms of You Matter Application on an as-is basis, and are not to be considered as professional medical advice. SUD Life is not responsible for any errors or deficiency of such results. Kindly consult your medical practitioner for any medical advice. You further confirm that you have necessary consent and authority to upload the data pertaining to self and that of your family.
In the event that certain portions of this Application are configured to permit users to post messages, comments, or other content, such content shall only serve and be construed as the opinion of the person posting the message, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post any content:
You are solely responsible for the content of any postings you submit or upload and SUD Life assumes no responsibility or liability for any content submitted or upploaded by you or any other website visitor. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates the terms of the Agreement or is otherwise harmful to us, our customers, or any third party. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the Company.
Any content you submit or upload will be routed through the Internet and You understand and acknowledge that You have no expectation of privacy with regard to any content You submit or upload. Never assume that You are anonymous and cannot be identified by your posts. We will fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any such information or materials.
If You do post or upload content or submit material, and unless We indicate otherwise, You grant SUD Life a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, publish, distribute, and display such content throughout the world in any form or media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the terms of the Agreement and will not cause injury to any person or entity; and that you will indemnify SUD Life and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses including attorney's fees, arising or resulting from or relating to the content that you supply or upload or submit.
You authorize SUD Life to call, send SMS and email or to contact You by any other similar means on the contact information made available by You on the Application at any point in time, offer You information and services, either directly or indirectly through third parties, related to health and wellness that you may be interested in. You authorize us to call, SMS or email or contact you by way of any other similar means for the mentioned purpose irrespective of whether you are registered with the NDNC registry in order to render insurance services and matter incidental thereto.
You understand and agree that certain features or services accessible by You through this Application may be provided by various third-party service providers / specialists (third party service providers) engaged for provision of the health services. You also understand and acknowledge that the Application may re-direct you to platforms of third-party service providers.
The services / products / features of all such third party service providers being accessed through this Application and the data captured or uploaded therein are independent of this Application, and SUD Life's responsibility of secure storage of data and confidentiality does not apply to such third parties. Such services / products / features are being offered and provided directly by the respective service providers only, and SUD Life has no responsibility or liability for the quality, authenticity, accuracy or deficiency regarding the same, including any secure storage of data or data protection. The respective third parties are liable for the same. Fulfilment of the third-party services and collection, processing and storage of data given on such third-party platforms, including any health assessment or results derived therefrom, is the sole responsibility of the respective third party service provider, as the case may be.
SUD Life shall not be obliged to act in any manner to give effect to the content of your feedback.
You understand and acknowledge that the third party service providers and/or SUD Life may be required to send You notifications/alerts/communication by way of email, SMS or through any other mode. You hereby consent to the receipt of all such notifications/alerts/communications, in all form and manner, as chosen by the third-party service providers and/or SUD Life.
When You visit the Application, SUD Life shall passively track information on Your computer and Internet connection, such as the IP address of Your computer and/or Internet service provider, the date and time You access the application, the Internet address of website/mobile applications from which You link to our site, the computer/mobile technology You are using and Your movements and preferences on Our site. We may use other commonly used methods, including, without limitation, cookies or small data files stored on your computer's hard drive, to collect such information. In some instances, We may use cookies to collect information in connection with future visits to Our Application, to recognize You as a previous visitor, or to track Your activity on Application. If You follow a link to the site from an affiliate or promotion, We store information about Your arrival from that affiliate or promotion in a session cookie. You do not need to have cookies turned on to visit the Application. You can refuse cookies by turning them off on your browser. But, if You want to access web pages that require registration, you need to accept a mandatory session cookie, which you can delete after you leave the site.
SUD Life does not share Your personally identifiable information with others, except as follows:
Only authorized personnel of SUD Life shall have access to your information. The systems and procedures are designed to prevent the loss, misuse, unauthorized access, disclosure, alteration, and destruction of your information. Our commitment to security extends to the contracts and agreements that we sign with external suppliers and service providers. We will only retain your information for as long as required for the purposes for which it was collected and/or for the purposes as stated in the terms of use and/or as per any legal or regulatory requirements.
Certain services on the Application may require authentication procedures. You would be able to access such services by using the user ID and the password.
You are responsible for taking all reasonable care and steps to ensure that no unauthorised person shall have access to you Application passwords or account, also ensure that the security of and to prevent unauthorized access to the Application or the services, which are part of the Application, however you will be the sole and exclusive owner of user ID and the password. It is your sole responsibility to control the dissemination and use of sign in name , screen name and passwords ; (ii) authorise, monitor and control access to and use your Application account and password (iii) promptly inform SUD Life if you believe your account or password has been compromised or if there is any other reason you needs to deactivate a password. You shall ensure the confidentiality and protection of the user ID and the password and shall ensure that the password/s is/are not revealed to any third party or recorded in any written or electronic form. You shall change the password at regular intervals. In addition to user ID and password, SUD Life may, at its discretion, require You to adopt such other means of authentication including but not limited to digital certification and / or Smart Cards and/or Two Factor Authentication like Public or Private Keys / Risk Engine / Challenge Questions. Internet per se is susceptible to a number of frauds, misuse, hacking and other actions that could affect payment instructions / other instructions to the bank through the payment gateway . SUD Life does not guarantee against such internet frauds, hacking and other actions that could affect payment instructions/other instructions including result in delay or failure in processing the instructions. Therefore, SUD Life disclaim any liabilities to that effect. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge or consent.
Payment transaction at a cybercafe/shared computer terminal is risky and YOu shall not use the services of a cybercafe/shared computer terminal to do any such transactions.
You shall indemnify, defend and hold harmless SUD Life (including its officers, directors, employees, affiliates, group/promoter companies, agents/ intermediaries, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to:
You shall be liable to pay any and all costs, damages and expenses, including by SUD Life including, but not limited to, reasonable attorney's fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
SUD Life hereby disclaims any and all liability with regards to the accuracy, completeness and or suitability of the content and information as is provided on the Application and any information and/or content that may be provided or generated thereon from time to time as a results of the use of the Application and its features. SUD Life expressly disclaim any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with Your access or use or inability to access or use of the mobile application or Application or reliance on its content, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the mobile application/Application, regardless of Our knowledge thereof. SUD Life shall not be liable for, any damages to, or viruses that may infect, Your computer equipment or mobile or other property as a result of Your access to, use of, or browsing in the mobile application or your downloading of any materials, data, text, images, video, or audio from this mobile application.
The services offered by SUD Life through the Application are only limited to facilitation of a platform for health services to Users through other third party providers, with an objective of promoting physical and mental health awareness. Therefore, in no event is SUD Life to be considered or deemed responsible for or with regards to the provision or non-provision / deficiency in provision of services by any of the third party providers or experts that SUD Life facilitates You access to through the Application.
SUD Life shall take all reasonable precautions to preserve the confidentiality and prevent any corruption or loss, damage or destruction of such data and information provided/ uploaded by You in the Application/ platform, in keeping with industry standard practices. However, SUD Life reserves the right to collect statistical, anonymous and aggregate data based on Your usage of the aApplication, along with any other data or information uploaded by you in the Application.
SUD Life shall not be liable if any transaction does not materialize or may not be completed or for any failure on its part to perform any of its obligations under these terms and conditions or the Agreement or those applicable specifically to any services, if the same is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues. Force Majeure means any event due to any cause beyond the reasonable control of the SUD Life, including without limitations, sabotage, fire, flood, epidemics, pandemics, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, faults or failures in telecommunication, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, computer hacking, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious code, unauthorized access to computer data and storage devices, destructive or corrupting code or program, mechanical or technical errors/failures or power outage, etc.
You agree to have read and understood this Terms of Use and privacy policy of SUD Life, accessible at https://youmatterhealth.com/static/privacy-policy.html.
To the fullest extent permissible and pursuant to applicable law, the materials on this mobile application are provided as is and without warranties of any kind either expressed or implied and SUD Life and its affiliates, disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, title, non - infringement and fitness for any or for a particular purpose and any warranties implied by any course of services or performance or usage of the services or the Application, all of which are expressly disclaimed, save to the extent required by law. Neither SUD Life, nor any of its officers, directors, employees, agents, affiliates, representatives, suppliers, partners, advertisers or content partners, advertisers or content providers warrants, and each of them hereby expressly disclaims, that: (a) this Application will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Application is free of viruses or other harmful components; (d) the results of using the app will meet your requirements. Or (e) the accuracy, reliability, or completeness of the content, text, images, software, graphics, or communications provided by third parties on or through the Application, including in any or content of the Application.
SUD Life does not warrant that Your usage and the availability of the Application and any of the content and materials thereon will be uninterrupted or error-free, that defects will be corrected, or that the Application or the server that makes it available are free of viruses or other harmful components. SUD Life does not warrant or make any representations regarding the use or the results of the use of the materials on this mobile application in terms of their correctness, accuracy, reliability, or otherwise. The information and descriptions contained herein are not intended to be a complete description of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes.
This Application may be linked to another website/ mobile application which are not maintained by SUD Life. SUD Life is not responsible for the content of those website/ mobile application. The inclusion of any link on our website/mobile application does not imply approval of or endorsement by SUD Life of the website or the content thereof.
SUD Life is not responsible for any communications that you may receive from such third party website/ application
Your use of such third party / application shall be subject to the privacy policy, terms and conditions and any other restrictions as may be specified therein. SUD Life does not endorse these third party website/ mobile application and disclaims any and all liability resultant from your use thereof or related thereto. You Matter Application may give you access to links to third-party websites, apps, or other products or services ("Third Party Services"). The Company does not control Third Party Services in any manner and, accordingly, the Company is not responsible for the privacy practices of such Third Party Services and does not assume any liability associated with such Third Party Services. Your linking to or use of any Third Party Services other than the App is at your own risk. The Company's inclusion of links to Third Party Services does not imply any endorsement of any kind by the Company of the material located on or linked to by such Third Party Services and should not be deemed as such by any user of the Application. The Company disclaims any responsibility for the products or services offered or the information contained on any Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
Without the prior written permission of SUD Life You may not copy, distribute or transfer any material on this Application, in whole or in part. All materials, content, trademarks, logo, slogans, service marks, and trade names (collectively the marks) are proprietary to their respective owners, as the case may be, and the User is not authorized to copy, infringe or misuse such property in any manner.
Any claim relating to this Application and the use thereof are subject to and shall be governed by the laws of India and shall be subject to exclusive Jurisdiction of courts in Mumbai.
The competent courts in India shall have the sole jurisdiction with regards to any and all disputes and matters related hereto. In case of any dispute which cannot be resolved amicably after thirty (30) days of negotiation, in good faith. The same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act 1996 as amended from time to time. The reference shall be made to a sole arbitrator appointed mutually. The place of the arbitration shall be Mumbai, Maharashtra.
Notices under these Terms & Conditions may be given by SUD Life to the You in writing by delivering them to the last address given by the You. You may give notice to Us by delivering them to the address mentioned on the Application. In the case of hand delivery, cable, telex, facsimile notices or electronic communication notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Application. We shall be deemed to have fulfilled any legal obligation to deliver to the You if any such document is sent via electronic delivery.
We reserve the right to change, modify, add to, or remove discounts, portions of these terms of use at any time, subject to laws and regulations as amended time to time & SUD Life's policy.
You agree that these User Terms read with the Privacy Policy available on the Application are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and SUD Life relating to the subject matter of these User Terms along with the privacy Policy. These User Terms and privacy Policy, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Application and/or SUD Life.
You shall not assign Your rights under these User Terms without prior written approval of SUD Life. SUD Life can assign its rights under the User Terms to any affiliate.
SUD Life or any of its third party service providers etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of SUD Life or service providers, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, then such unenforceable provision shall be deemed to be replaced with a suitable legal alternative provision that achieves the purpose of the original provision as closely as possible.
You hereby represent and warrant that:
You acknowledge and affirms that You shall not:
Except to the extent as expressly stated to the contrary herein, your right to use the Services is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Services does not stop us from giving other people the right to use the Service.
You agree that all confidential information, copyright and other intellectual property rights in the services provided available in the Application belongs to us or the people who have licenced us to use those rights. You agree that You have no rights in or to our services provided in the Application other than the right to use them in accordance with these Terms.
The materials and content comprising the Service belong to us or the people who have licensed them to us and We give You permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms.
When using the Application You agree not to: -
Failure to comply with any of the requirements of these Terms constitutes a serious breach and may result in Our taking all or any of the following actions (with or without notice):
We make the Application available for access using internet infrastructure, but are not responsible for the infrastructure ourselves. If You wish to use our Services, You should ensure that You have an internet-enabled device and a sufficient internet connection available. We are not liable for connection and/or technical errors such as hyperlinks not working etc.
Star Union Dai-ichi Life Insurance Co.Limited
Customer Care:1800 266 8833 or customercare@sudlife.in
Registered and Corporate office: Unit no. 1101, 11th Floor Building No. 1, Raheja Mindspace Juinagar Plot No. GEN 2/1/E, TTC Industrial Area, MIDC Industrial Area, Juinagar, Navi Mumbai, Maharashtra 400706
Copyright (c) ____ Star Union Dai-ichi Life Insurance Co. Limited. All rights reserved.