Terms & Conditions
DO NOT USE THIS SERVICE FOR ANY EMERGENCY NEEDS INCLUDING MEDICAL EMERGENCY. IF YOU EXPERIENCE ANY EMERGENCY, CALL NATIONAL HELPLINE 112 IMMEDIATELY.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.
Please read these Terms & Conditions carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform offered by OneAid Healthcare. (d/b/a “OneAid”), OneAid services available via the OneAid website and OneAid mobile apps (“App”) (all hereinafter collectively, “OneAid” and the OneAid "Service(s)") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “You", "Your,” and “Yourself” refer to the individual user of the Service.
We may modify these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our service offering. Such modification shall be effective upon posting by us on the Website. You agree to be bound by any changes to these Terms when you use the MindPeers Services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.
You hereby certify that you are over the age of eighteen (18) or have the legal ability to consent to use OneAid services.
Your use of the Website is governed by these Terms. We may at our absolute discretion refuse you access to the Website. Use of the Website requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such. The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by OneAid. Illegal and/or unauthorised use of the Website is prohibited. Appropriate legal action will be taken against you for any illegal or unauthorised use by you of the Website. We disclaim any and all responsibility in relation to any MindPeers Services offered or made available on the Website to the maximum extent permitted by law. Neither OneAid nor its officers, employees or agents may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of OneAid Services accessed or agreed to be supplied in connection with the Website.
Any guidance received by you as response from OneAid is completely non-medical and is not a substitute for any medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. OneAid does not endorse any specific tests, medications, products or procedures. None of the Content represents or warrants that any particular advice, medication or treatment is safe, appropriate, or effective for you.
You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. OneAid shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the applicable laws. The Website provides Users the facility to create, share and post content (together, "User Content"). OneAid claims no ownership rights over User Content created by you. MindPeers has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website. OneAid takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
OneAid reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by OneAid, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. OneAid will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.
OneAid tries it best to store all the contents in safe and secure manner however OneAid shall not be responsible for any loss of data that may incur due to any circumstance.
To access the Services, you must first register to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for providers to send notices to you, you agree to: (i)provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name or nickname after you provide certain personal and emergency Contact Information); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OneAid has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, OneAid reserves the right to transition your treatment to another Provider outside of OneAid and refuse any future request(s) to use the OneAid Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. OneAid will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit(i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither OneAid nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.
The following terms apply to any App accessed through or downloaded from any source
(such as the Apple App Store or other similar platforms) where the App is made available
(each such distribution platform an "App Provider"). You acknowledge and agree that:
these Terms are between you and OneAid, and not with the App Provider, and that OneAid (not the App Provider), is solely responsible for the App; and the App Provider has no obligation to furnish any maintenance and support services with respect to the App claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of OneAid.
If you download the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may require that you download upgrades, updates and additional features we publish in order to improve, enhance, and further develop the software, Service, or App. The Service may change from time to time and/or OneAid may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.
Any payment you make for the use of the Services is used to compensate OneAid for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.
OneAid replies to Users on the platform may or may not be from a qualified medical professional. OneAid may have psychological first aid workers to reply to Users but it in no way guarantees any therapy or treatment or substitute to qualified medical providers. OneAid doesn't certify or validate any of its providers as the platform doesn't warrant any medical assistance.
All of the content available on or through the Service is the property of OneAid or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of OneAid or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
Subject to the terms of this Agreement, OneAid hereby grants you a limited, revocable, non transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OneAid DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, OneAid DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. OneAid CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
Limitation of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL OneAid, ANY OneAid LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL OneAid, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL/ MENTAL HEALTHCARE SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF OneAid OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by OneAid, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to OneAid. OneAid does not endorse the content on any third-party websites. OneAid is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. OneAid does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
International Use and The GDPR
The basic tenants of the promulgated GDPR regulations include, but are not limited to the following:
Access to collected data: At OneAid, you already have the ability to access your shared data (Your personal information, your emergency contact information and all your interactions with your Site/Providers) and use it as you wish.
Security: At OneAid we do not collect any personal information that and only credential received as username for login is not showcased to any responder. OneAid doesn't capture any health related information. Interaction in OneAid are in an anonymized form as required by the GDPR.
Finally, dependent of your EU country or origin, the GDPR takes into account what was previously termed the right “to forget” or request deletion of your data once you cease using a particular application or site. This particular tenant of the GDPR may conflict with applicable medical records retention laws. So, unlike some data platforms, OneAid cannot erase data directly upon a Client’s request, as it may be considered essential for other retention purposes.
OneAid takes utmost care in not violating region specific laws and in maintaining privacy. However, if there is any aspect of region specific law that OneAid violates, you may bring to our notice and until then you may refrain from using the services.
OneAid may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. OneAid has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. OneAid reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
All de-identified data, meta-data and research data collected by OneAid through your use of the Services remains the sole property of OneAid. OneAid may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. You shall not request that OneAid remove or delete any of such data.
You agree that the email username you provide can be used by OneAid to send you marketing offers from OneAid.
You acknowledge that OneAid must store all personal data as required by law, typically for no less than seven (7) years or as the amendments may be, and may not delete such data, even upon your direct request.
Any dispute or claim relating in any way to your use of the OneAid Service will be resolved by binding confidential arbitration, rather than in court. This Agreement shall be governed by the Laws of India, and the Courts of Mumbai shall have exclusive jurisdiction with respect to any dispute arising hereunder.