Terms and Condition

Your relationship with myUDAAN

These terms help define the relationship between you and myUDAAN. Broadly speaking, we give you permission to use our services.

This Terms of Use (TOU) is published by Tekra Solutions Private Limited a company incorporated under the Companies Act, 2013, having its office at CIBA, 6th Floor, Father agnel complex, sector 9A, Vashi, Navi Mumbai - 400705 (CIN) U85100MH2019PTC325065 hereinafter referred to as Company which term, unless repugnant to the context or meaning thereof, shall mean and include its directors, employees and associates to provide the terms of use that will be applicable in the context of https://play.google.com/store/apps/details?id=com.hope.myudaan hereinafter referred to as its Application) and govern the persons downloading, using (hereinafter referred to as visitor/s) or signing up/registering the Application (hereinafter referred to as Registered Users) ( Visitors and Registered User/s shall collectively be referred to as Users).

TThis TOU should be read with the Privacy Policy published in the privacy policy section of the Company Application. USERS ARE HEREBY NOTIFIED THAT BY USING THE COMPANY APPLICATION IT IS DEEMED THAT THE VISITORS HAVE CONSENTED TO THIS TOU AND BY ACCEPTING THE TOU AND PRIVACY POLICY AT THE TIME OF REGISTRATION IT IS DEEMED THAT THE REGISTERED USERS HAVE CONSENTED TO THIS TOU AND THAT THE USER REPRESENTS TO COMPANY THAT THEIR AGE IS 18 YEARS OR MORE THAN 18 YEARS AND THAT THEY ARE AUTHORISED TO USE THE APPLICATION AND TO ENTER INTO THIS AGREEMENT. IF A VISITOR DISAGREES WITH THE TERMS OF THIS TOU OR THE APPLICATION OR INTENDS TO WITHDRAW THEIR CONSENT TO THE SAME THEN SUCH USER SHALL IMMEDIATELY CEASE USING THE COMPANY APPLICATION. IF A REGISTERED USER WISHES TO WITHDRAW CONSENT TO THESE TERMS, THEN SUCH REGISTERED USER IS REQUIRED TO COMMUNICATE THE SAME TO THE GRIEVANCE OFFICER WHOSE DETAILS ARE PROVIDED IN THE PRIVACY POLICY ON THE APPLICATION IN THE MANNER SPECIFIED THEREIN.

This TOU and the Privacy Policy is a legally binding contract between the User and Company (as provided in the Indian Contract Act, 1872, Information Technology Act, 2000 and the Information Technology rules) and hereby specifies the following terms:-

1. The User is prohibited from publishing, hosting, displaying, uploading, modifying, transmitting, posting, communicating, updating or sharing any information that --

   a. belongs to another person and to which the user does not have any right to;

   b. is grossly harmful, harassing, abusive, blasphemous; defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

   c. harm minors in any way

   d. infringes any patent, trademark, copyright or other proprietary rights and third-party intellectual property rights

   e. violates any law for the time being in force

   f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature

   g. impersonate another person

   h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

   i. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public booking or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

   j. can be considered as unsolicited messages (commercial or otherwise).

2. By (the User) continuing to the use of the Application and providing consent in the manner specified above, it is hereby agreed that the User has gone through the terms of this TOU and the terms of the Privacy Policy and is aware of all aspects related to the information collected from such User.

3. If the User wish to place a booking for the services available on the Application, User may be asked to supply certain information relevant to their booking including, without limitation, Users name, Users address, Users phone number, and such other details as required to provide services. User represent and warrant that the information supplied by the User is true, correct and complete.

4. By submitting such information, User grant us the right to provide the information to third parties for purposes of facilitating the completion of Users booking.

5. Company reserve the right to refuse or cancel Users booking at any time for certain reasons including but not limited

   • Incorrect, insufficient, incomplete or inaccurate information provided by the User.

   • Error in Users booking

   • In case of a force-majeure situation as described in clause 23.

   • If the User is located beyond the territory of the Company.

   • Unavailability of services, service providers and/or materials.

   • If fraud or an unauthorized or illegal transaction is suspected.

6. The User agrees and understands that the services provided by Company are varied and the details of the Services and the respective cost of the Services can be ascertained from the Application. The User agrees and acknowledges that estimates provided by the Company are only indicative any nature and that the actual cost or service fee may vary (or be higher than the estimate) and the User agrees and acknowledges that the User shall pay service fee in accordance with the final bill provided by the Company.

7. The fee paid by the User (if any) is governed by company’s refund policy. If the User cancels the Services after commencement of the Services but before completion of the Services, then the User agrees that he/she shall be liable to pay the service fee as billed by the Company. The User agrees and acknowledges the prices or fee of the services mentioned on the Application is exclusive of applicable taxes and the same shall be borne by the User.

   Refund Policy for myUDAAN:

   At myUDAAN (Tekra Solutions Pvt. Ltd.), we prioritize customer satisfaction by ensuring transparency and fairness in our refund and cancellation processes. Our No-Questions-Asked Refund Policy protects your interests while maintaining operational integrity. Below are the detailed terms and conditions of our refund and cancellation policies:

8. Cancellation Policy

   1.1 Cancellation Eligibility

   • Refunds are subject to the sole discretion of Tekra Solutions Pvt. Ltd. (myUDAAN).

   • All eligible refunds will be processed within 10 working days of approval.

   1.2 Cancellation Terms

   • For Services Less Than 24 Hours:

   To cancel the service for the next day, you must notify us before 8:00 AM on the current day.

   If the cancellation request is received after 8:00 AM, no refund will be applicable for the next day’s service.

   • For Package Service Bookings (7,15,20 or 30 Days or More):

   If you cancel your service during a package (e.g., 7-day package), the actual daily rate will be charged for the days of service already utilized. Example: If you booked a 7-day service at a discounted rate and request cancellation after 4 days, you will be charged based on the published daily rate for 4 days, and any remaining balance will be refunded.

   • For 24-Hour Service Cancellation:

   A 48-hour advance notice is required for cancellation of 24-hour services.

   If a cancellation request is submitted with less than 48 hours’ notice, 2 serviceable days will be counted, and no refund will be issued for those days.

   1.3 Refund Policy

   • Refunds are subject to the sole discretion of Tekra Solutions Pvt. Ltd. (myUDAAN).

   • Eligible refunds will be processed within 10 working days once the request is approved.

   1.4 How to Request a Refund

   • Refund requests must be submitted through the myUDAAN App via the Support channels under the ‘My Account’ section.

   1.5 Service-Specific Refund Guidelines

   • Services are provided by Mobility and Care Associates (MCAs). Caregivers will be paid up to the point of service stoppage.

   • Once a service has started, customers will be charged for the duration of the service already provided.

   The following scenarios are NOT eligible for refunds:

   a. Amounts paid directly to MCAs (Mobility and Care Associates).

   b. MCA poaching cases, where customers attempt to engage caregivers directly outside of myUDAAN’s system.

   c. Long-Term Bookings (60, 90, or 120 Days): In such cases, refunds and extensions are not applicable, but replacement services will be provided if required.

   Terms and Conditions for Engaging myUDAAN MCA Services

   By availing the services of myUDAAN's Mobility & Care Associates (MCA), you agree to the following terms and conditions:

   a. Service Charges: The charges for engaging an MCA are based on the package selected by the customer and are payable in advance.

   b. Breach of Contract: If during the service period it is found that you have directly engaged or employed the MCA bypassing myUDAAN, you will be obligated to pay an amount equivalent to one month’s package charges as per your selected package.

   c. Acknowledgment and Acceptance: By making the payment to myUDAAN for MCA services, you acknowledge and accept these terms and conditions as binding.

   d. Long-Term Booking: If you book our services for the long term for 60, 90, or 120 days at special rates, please note that there will be no refunds or extensions allowed for the duration of the package. However, a free replacement will be provided during the term, as per the terms specified in your agreement.

   e. Pricing Adjustments: myUDAAN reserves the right to increase pricing at its discretion without any prior notice. Changes in pricing may apply when the service is renewed or extended.

9. The User agrees to not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate, hack, reverse engineer or search the Application;

10. User agrees and understands that in the event Company learns (either through itself or through reports from other Users or third parties) that the User is contravening with any of the provisions of this TOU or the Privacy Policy or any law for the time being in force then without prejudice to other available rights and remedies, Company shall at all times and its sole discretion be entitled to disable, block, restrict the Users access to the Application and remove any or all information (including but not limited to the contravening information) of the User from the Application without notice to the User. Company shall also be entitled to share such information with government authorities, attorneys, regulatory bodies and law enforcement agencies

11. The User hereby understands that unless agreed otherwise in writing, Company shall not be responsible to indemnify any losses suffered by the User. The User irrevocably waives any and all rights to make any claims, file any suits or threaten or initiate any action against the Company seeking indemnification.

12. The User agrees and acknowledges that Company shall at no point in time be liable for the losses, damages, expenses suffered by the User owing to the disclosure of information (that is consented by the User as detailed in this TOU and the Privacy Policy or that is lawfully disclosed by Company to government, investigative or regulatory authorities) by Company. The User agrees and understands the revocation of consent to this TOU or Privacy Policy by a Registered User shall be effective from the date Company acknowledges the intimation of revocation of consent by the User and such revocation shall not have retrospective effect under any circumstances.

13. IT IS HEREBY EXPLICITLY CLARIFIED THAT COMPANY SHALL NOT BE LIABLE AND DOES NOT EXPRESSLY OR IMPLIEDLY MAKE ANY WARRANTIES TO THE ACCURACY, TECHNICAL CORRECTNESS, BONAFIDES, AUTHENTICITY OF ANY INFORMATION ON THE APPLICATION (INCLUDING BUT NOT LIMITED TO PRICE, DESCRIPTION, ADVERTISEMENTS, CONTENT ON THIRD PARTY LINKED WEBSITES) AND THAT (UNLESS OTHERWISE AGREED IN WRITING BETWEEN THE INFORMATION PROVIDER AND COMPANY) COSMPANY IS PUBLISHING THEM ON AN AS-IS BASIS OR BASED ON THE INPUTS RECEIVED FROM SUCH INFORMATION PROVIDERS. COMPANY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE USERS THAT RESULT IN THIRD PARTY INTELLECTUAL PROPERTY RIGHT INFRINGEMENT.

14. WHILE COMPANY MAY EXERCISE BEST EFFORTS WITH REGARD TO THE TECHNICAL UPKEEP, MAINTENANCE AND AVAILABILITY OF THE APPLICATION, COMPANY SHALL UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OF DATA OF THE USER OR FOR FAILURE OF APPLICATION OR APPLICATION RELATED PROBLEMS (TECHNICAL OR OTHERWISE). FURTHER IT IS HEREBY CLARIFIED THAT COMPANY MAY AT ANY POINT IN TIME AND ITS SOLE DISCRETION MIGRATE, TRANSFER OR SHUT DOWN OR MODIFY THE APPLICATION OR ANY PART THEREOF WITHOUT NOTICE TO THE USER.

15. It is hereby clarified that in the event the User notices any content on the Application that infringes the intellectual property rights of any third party then the User shall have the option to report the same by writing to the Grievance Officer whose details are provided in the Privacy Policy. Upon receipt of such reports Company shall act in a time bound manner in this regard. For other general feedback and inputs or reports (other than those specified in this TOU and the Privacy Policy) the User is encouraged to reach out to us in the contact us page of the Application.
16. IT IS HEREBY CLARIFIED THAT COMPANYS (AND ITS PARTNERS) GROSS LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTES, LOSSES, DAMAGES OR EXPENSES INCURRED OR SUFFERED BY THE USER BY THE USE OF APPLICATION OR THE CONTENT THEREIN OR SERVICES PROVIDED BY COMPANY SHALL NOT EXCEED RS.1000/- (RUPEES ONE THOUSAND ONLY) OR THE AMOUNT OF BOOKING VALUE, WHICHEVER IS LESSER. THE COMPANY SHALL UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOST REVENUES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT AND WHETHER OR NOT WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED STATED HEREIN. IT IS FURTHER CLARIFIED THAT COMPANY SHALL NOT BE RESPONSIBLE, IN ANY MANNER, WHATSOEVER FOR ANY DELAY OR FAILURE TO MEET ITS OBLIGATION UNDER THE TERMS AND CONDITIONS WHICH MAY BE CAUSED DIRECTLY OR INDIRECTLY DUE TO FAILURE ON PART OF USER FOR UNAVAILABILITY/UNRESPONSIVENESS OR FAILURE TO PROVIDE COMPLETE AND ACCURATE INFORMATION.

17. Company has a pool of Mobility and Care Associate to choose from to provide the Service. Company will ensure that the Mobility and Care Associate assigned is as per your preference but this may not be possible all the time. Company reserves the right to assign any MMobility and Care Associate as it deems fit for that Service. Company does not guarantee that same Mobility and Care Associate is assigned on all days. Company can assign any Mobility and Care Associate on any day as it deems fit without prior notice.

18. USER AGREES AND ACKNOWLEDGES THAT THE COMPANY SHALL BE PROVIDING SERVICES IN ASSOCIATION WITH SERVICE PARTNERS AND THAT THE COMPANY DOESN’T ITSELF ENGAGE IN ANY SERVICES.IN THE EVENT OF ANY DEFICIENCY IN SERVICE USER SHALL NOT HOLD THE COMPANY LIABLE FOR THE SAME.

19. IN THE EVENT COMPANY FACES ANY SUITS OR CLAIMS OR SUFFERS ANY - LOSSES OR DAMAGES OR INCURS ANY EXPENSE OWING TO THE ACTS OR OMISSIONS (INCLUDING BUT NOT LIMITED TO THE CONTRAVENTION OF THIS TOU OR PRIVACY POLICY OR APPLICABLE LAW) OF THE USER THEN SUCH USER SHALL FULLY AND WITHOUT LIMITATION INDEMNIFY, PROTECT AND HOLD HARMLESS COMPANY, ITS DIRECTORS, EMPLOYEES AND ASSOCIATES FROM AND AGAINST SUCH LOSSES.

20. In the event Company has executed a separate written agreement with the User pertaining to the subject matter hereof then such agreement shall be read with the Terms of this TOU and Privacy Policy, incase of any conflict between the terms of such specific agreement and this TOU and Privacy Policy, the terms of such specific agreement (to the extent of the conflicting portion only) shall prevail.

21. This TOU and Privacy Policy shall be governed by the laws of India. User agrees that all disputes shall be subject to Arbitration by sole arbitrator appointed by Company and the courts of Mumbai shall have the exclusive jurisdiction to decide any disputes between the parties (i.e. for obtaining interim relief and/or for enforcing the arbitral award). User and Company shall bear their respective cost incurred during the dispute resolution process.

22. Company may amend or alter or vary this TOU and the Privacy Policy at any time and shall inform the User from time to time. In case of non-compliance with this TOU and Privacy Policy, Company has the right to terminate the access or usage rights of the users.

23. If any term or condition of our TOU and Privacy Policy shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the TOU shall continue in force without such term or condition.

24. No delay or failure on Companys part to enforce our rights or remedies under the Terms of Use or other policies shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

25. Company shall not be liable for any failure or delay in performing any of its obligations under this TOU or Privacy Policy if such delay or failure is attributable to reasons beyond its control or due to a force-majeure event (including but not limited to natural disasters, strikes, lock-outs, labour problems, work stoppages, riots, acts of terrorism, technical problems or failures, delays or failure of services by vendors).

26. You on behalf of patient request Company to provide Service at home or any other location agreed with Company. You agree that the Service is advised by a legal medical practitioner and you undertake the responsibility of Service and risks involved. Company will ensure high quality of Service but will not be responsible for any Service error including criminal activity by Mobility Partner Assistant. You understand and agree that the Service offered by Company directly or through Mobility Partner Assistant/affiliates of Company has a risk of failure and/or adverse effects resulting in possible mortality or permanent disability. You understand and agree that Company does not guarantee any recovery or outcome from the Service offered. You agree to provide safe environment for Mobility Partner Assistant to discharge their duty and you will ensure that they are not harassed, abused or troubled in any way physically or emotionally. You authorise Company to collect Patients data and use/share the same with others (without revealing Patients identity). Company will not be responsible for misuse of Patients data by Mobility Partner Assistant, affiliates, employees or other party. You will make payments to Company as per the terms agreed and will not link it with outcome of the Service.

27. The User herby authorises and give consent to the Company to send User, either through itself or through any third-party service provider, from time to time various information/alerts/SMS/others messages or calls or commercial communication, and other services on telephone numbers provided by the User, whether these numbers are registered with National Do Not Call Registry/ listed in National Customer Preference Register or not. Further the user also agrees that by sending any of such messages/calls, the User will not hold Company and/or its third party service provider liable /institute complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations,2010 or such other applicable regulations including any amendment thereof, as maybe applicable from time to time.

28. If User wish to opt-out from future communication, the User can do so by sending a request to info@myudaan.org for more information about opt-out options.