Conditions of Use
These conditions of use and other documents/conditions incorporated by reference as part of these conditions to use set out the conditions on which Unytalk Inc (“Unytalk” or “we” or “us” or “our”) offers you (as defined hereinafter) access to the Website (as defined hereinafter) and such other services as are incidental and ancillary thereto. The term “Website” shall mean the website located at the https://cloud.unytalk.com (including all sub-domains of the website) and mobile applications under the names and styles unytalk. The guest users and registered users of the Website including (without limitation) the, are referred to as “you” or “your” or “yourself” or “user”.
Please read these conditions of use and other documents/conditions incorporated by reference as part of these conditions of use carefully before using the Website (collectively “Conditions of Use”). By using the Website, you signify your agreement to be bound by these Conditions of Use. The Conditions of Use is published in compliance of, and is governed by the relevant provisions of the laws of the State of New Jersey, United States of America.
The Conditions of Use constitutes an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Without prejudice to the above, a PDF copy of these terms and conditions will be emailed to you (at the email id provided by you to us at the time of registration on the Website) with the subject line “Conditions of Use of Unytalk”.
Further, there may be additional conditions stated in the Website in connection with certain specific services provided on the Website governing your access and use of such services. You will be deemed to have agreed to such additional conditions in case you access and/or use of such service.
Use of the Website is available only to persons who can form a legally binding contract under the laws of the State of New Jersey, United States of America.
Use of the Website
The services available on the Website are to be strictly performed and received in the territory of United States of America. The user agrees that given the nature of the internet, even though the Website is targeted to resident of the United States of America only, it may be accessed in other parts of the world. The Website is not intended for administrative use by any person located or residing in any territory other than the United States of America. The services available on the Website are not intended to be administered in any territory outside United States of America. It shall be the responsibility of every user to be aware of and fully observe the applicable laws and regulations of the jurisdiction to which every user is subject to. If the user is not a resident of the United States of America and yet uses the Website, he/she acknowledges, understands and agrees that he/she is doing so on his/her own initiative and at his/her own risk, and Unytalk shall not be liable for any violation/breach of any of the laws applicable to such usage of the Website. The Website is not to be and should not be construed as purporting to offer or inviting to offer any service of whatsoever nature in territories outside the United States of America.
If you use the Website, you are responsible for maintaining the confidentiality of your account details and password and for restricting access to your computer/electronic device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Contents of the Website
You hereby represent and warrant that the content and information that you provide on or through the Website
- Are accurate
- Does not breach any terms and conditions of the Conditions of Use
- Is lawful.
While we have taken precautions to avoid inaccuracies in the content of this Website, all content and information on the Website are provided, as is, without warranty of any kind.
You agree, understand and acknowledge that the Website is an online app that
- Helps you connect with registered users and guests to collaborate using text chat and video services.
- Assists users to conduct virtual online meetings.
- Assists users to capture information and conduct commerce.
- Provides third party tools and utilities to enhance the conversations, collaboration and commerce experience
You further agree and acknowledge that the Website is only a facilitator and is not and cannot be a party to or control in any manner any transactions and/or consultations made on the Website. Accordingly,
- Any consultation made on the Website and/or
- Any outcome derived, pursuant to the usage of the Website or any other service(s) offered by us, shall strictly be a bipartite contract between the users themselves.
Please note that our services or the Website should not be used for emergencies. We do not provide any emergency services. If you are experiencing a medical emergency, you are requested to dial the emergency services numbers applicable to your state/location in case of any emergency or contact your doctor/hospital directly. We reserve the right to charge fees for the services provided on the Website and information relating to such charges/fees will be displayed on the Website, which may vary from time to time.
We may add new functionality, remove an existing functionality, modify and/or upgrade the Website, as we deem appropriate, from time to time.
Use of the Website
You must not use the website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer/electronic device to the Website and you must use the Website for lawful purposes only.
You must not use the Website for any of the following: for fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam to cause annoyance, inconvenience or needless anxiety.
If you do post content or submit material other than ‘sensitive personal information’ covered under the SPI Rules, and unless we indicate otherwise, you grant us and our affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Our use of the ‘sensitive personal information’ covered under the SPI Rules shall be governed by the Privacy Notice. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
If you believe that
- Any service provided by a service provider on the Website or pursuant to the use of the Website and/or
- Any use of the Website by any user, is illegal, offensive, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of the United States of America or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately by writing to our grievance officer, Mahendra Penumathsa at firstname.lastname@example.org. Once this procedure has been followed, we will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.
The contact address of the grievance officer is set out below:
92 Furnace Street,
Sharon, MA 02067, United States of America.
You hereby consent to the storage of your records on the Website. You hereby consent to the sharing of such records with other persons, who have been permitted by you, to access and/or receive such records. You shall be deemed to have consented to such sharing of records with other users.
Unytalk grants you a limited non-assignable license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Unytalk. This license does not include the right to license, sub-license, assign and/or sell any rights to the Website including the rights to access; any resale or commercial use of the Website or its contents; and any collection and use of any listings, descriptions, or prices.
Intellectual Property Rights
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Unytalk, its affiliates or its content suppliers and is protected by Indian and international copyright, authors’ rights and database right laws. The compilation of all content on the Website is the exclusive property of Unytalk and its affiliates and is protected by Indian and international copyright and database right laws. All software used on the Website is the property of Unytalk, its affiliates or its software suppliers and is protected by international copyright and author’ rights laws.
‘Unytalk’ and other marks indicated on the Website are trademarks or registered trademarks of Unytalk.
You shall not reproduce, duplicate, copy, sell, re-sell, or distribute for any commercial purpose or otherwise exploit, the Website or any portion of the Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) without express written consent of Unytalk, as may be applicable.
You shall not systematically extract/or re-utilise parts of the contents of the Website. In particular, you shall not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any (d) substantial parts of the Website. You shall also not create and/or publish your own database that features substantial parts of the Website.
Third Party Sites/Links
We may use third party service providers including for the settlement of payments and maintenance of the Website and we shall not be liable to you, under any circumstance, for the actions or inactions of any third-party service provider.
The Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Further, such Linked Sites may be created/posted by the users of the Website. We are not responsible for examining or evaluating, and we do not warrant or endorse these Linked Sites or the content of their websites. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Unytalk does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties.
Exclusion of Liability
Since we act only as a facilitator, we shall not be liable, in any manner whatsoever, for any aspect of the arrangements, consultations and communication between the users including (without limitation) any negligence on the part of the users. In no circumstances shall we be liable, for the failure of the users to be available at the appointed time and cancellation or rescheduling of appointments, in any manner whatsoever. Further we shall not be liable, in any manner whatsoever, for the services provided by the users.
The Website inter alia assists users to invite other users who can voluntarily signup and register themselves on the Website. While we use all reasonable endeavors to verify the credentials and qualifications of the users solely based on the information submitted by users to us, it is not possible for us to verify the credentials and qualifications of all the users listed on the Website. Further, our verification of the credentials and qualifications of the users is solely based on the information provided by users during registration with the website. As such, we shall not be responsible, in any manner whatsoever, in cases where the user has submitted fake information to us and/or fraudulently identified himself/herself as a user on the Website.
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any consultation/transaction through the Website. We shall neither be liable nor responsible for any actions or inactions of users of the Website nor any breach of conditions, representations or warranties by the users of the Website and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between/among users of the Website.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
You hereby expressly release Unytalk and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of any user of the Website and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
If, notwithstanding the other provisions, Unytalk is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website, Unytalk’s liability shall in no event exceed the greater of
- The total of any subscription or similar fees with respect to any service or feature of or on the Website paid by you in the 6 (six) months prior to the date of the initial claim made against us, or
- USD. 500 (US Dollars Five hundred only).
Pricing changes, Discounts and special offers
You accept that the pricing plans subscribed by you shall be applicable only for the tenure of your subscription, whether monthly, annually or any such plan period launched by Unytalk and subscribed by you. Unytalk has the right to change the subscription prices, withdraw discount and special introductory offers applicable to your account at any time without notice to you. Your subscribed plans however will not be disturbed by any such price changes, and they will take effect only upon completing your monthly, annual or any such plan period chosen by you.
You agree that all subscribed plans will be paid for in advance, for the plan period chosen during your subscription. Any user additions or upgradations to the plans shall be adjusted pro rate to the remaining period of your plan. Any user deletions and downgrades of your plan shall be applicable from the next billing cycle applicable to your plan period. By completing your payments for any plan on Unytalk, you agree that the advance plan payment is non-refundable.
Termination of Accounts
A user can terminate his/her account on the Website at any time by following procedure set out in the profile page of your account. Unytalk Inc reserves the right to terminate any account in the following cases:
- We are of the opinion that the user of such account has committed a breach of any of the Conditions of Use;
- We are unable to verify or authenticate any information provided by the user of such account;
- If such account has been inactive for a period of 2 (two) years; or
- We believe, in our sole discretion, that the action(s) of the user of such account may cause legal liability for such user, other users or for us or are contrary to the interests of the Unytalk and/or the Website.
Once temporarily suspended, indefinitely suspended or terminated,
- The user shall not continue to use the Website under the same account, a different account or re-register under a new account and
- Unytalk shall have no obligation to maintain or provide any of user’s data including his/her contents, records and shall thereafter, unless legally prohibited, archive or delete all user’s data including his/her contents, records in its systems or otherwise in its possession or under its control.
Interruptions in service
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Website accessible, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Website may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites that will impact your use of the Site and that are beyond our control to prevent or correct.
You shall indemnify and hold harmless Unytalk, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You will be required to provide a valid phone number and an email id while registering on the Website. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website.
We reserve the right to make changes to our Website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the Website, unless any change to those policies or these conditions is required to be made by any law or government authority. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach any of these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
These conditions are governed by and construed in accordance with the laws of the State of Massachusetts, United States of America.