Terms of Use
Last Updated: July 8, 2024
Terms and Conditions of Use Last Updated July 8th, 2024 PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BY ACCESSING THIS WEB PORTAL, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE BELOW AND/ OR ANY SUCH TERMS AND CONDITIONS OF USE AS ARE COMMUNICATED ON THE PLATFORM . IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE BELOW AND/ OR ANY SUCH TERMS AND CONDITIONS OF USE AS ARE COMMUNICATED ON THE PLATFORM THEREOF, YOU MUST NOT ACCESS OR USE THIS WEB PORTAL OR ANY PLATFORM THEREOF. These Terms & Conditions of Use (“Terms”) are published in accordance with the Information Technology Act, 2000, provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, regulations, guidelines, bye laws and notifications made thereafter that require publishing of the rules and regulations, Digital Personal Data Protection Act, 2023, privacy policy and T erms for access or usage of this Web Portal. The domain name www.unseenhumans.com (“Website”), mobile application UNHU (“UNHU App”) and web-based benefits management portal (“Web Portal”) (collectively referred to as ‘Platform’) are owned and operated by UNHU Technologies Private Limited (hereinafter referred to as ‘Company’, ‘UNHU’ or ‘Service Provider’). By accessing the Web Portal, you are agreeing to be bound by these Terms. The Company provides Portal Services to Users through the Web Portal by allowing Users to onboard their Workers/Employees, manage their benefits, track worker/employee interests, and communicate effectively through messages and training videos. The terms “ You”, “Your” and “ Yours” hereinafter referred to shall include the Users. Further, the terms "We", "Us", and "Our" shall mean the Company and/or its affiliates. The terms capitalised herein are defined in the Glossary hereto. These Terms pertain to the User's engagement with the Web Portal and the User’s utilization of Portal Services. These Terms are legally binding on the User.
1. ACCESSING THE WEB PORTAL
a. The W eb P or t al p r ovid es a ccess t o a r an ge of Portal Services designed to facilitate the
User management of Workers/Employees and the administration of benefit schemes. These Portal Services include but are not limited to:
- (i) Onboarding of Workers/Employees onto the Web Portal;
- (ii) Offering relevant benefit schemes and services through Web Portal;
- (iii) Facilitating communication between Users and Workers/Employees via messages,
training resources, and important information;
- (iv) Enabling Users to award Reward Points to workers for specific actions and monitor
their utilization;
- (v) Providing data -driven insights through a dashboard to track worker interests and
engagement with benefit schemes.
b. The Users shall have the right to access and use the Portal Services strictly to manage
their workforce and administer benefit schemes. Access to specific features and functionalities may vary based on the User’s account type.
c. The Users interested in our Portal Services may register through the Web Portal and shall
adhere to these Terms. These Portal Services are intended solely for the internal use of Users and are not to be resold, redistributed, or commercially exploited without prior written consent from the Company.
d. The User will provide the Company with a list of its affiliated workers, employees, or
members. The Company will then onboard these individuals onto the UNHU App via the Web Portal. Once the onboarding process is complete, these individuals will be able to download the UNHU App and sign in to access and enjoy the benefits and services provided through the UNHU App.
e. In the event that the employment or arrangement between the User and the
Worker/Employee terminates, the User shall possess the right to d e-link the account of said Worker/Employee from the User's Account following such cessation.
f. Upon acceptance of the Terms, the Company grants you a limited, non -exclusive, non-
transferable license to use the Web Portal on any device with internet access, including but not limited to personal computers, laptops, tablets, and smartphones. This license is solely to participate in the Portal Services provided by the Company.
g. The Company reserves the right to update or modify the content and features of the Web
Portal with a written information notice to the User on the Web Portal itself.
h. We will from time to time make available the Web Portal updates to improve
performance, fix bugs or errors, enhance functionality, and reflect changes to the interface or the features of the Web Portal . We recommend that you accept these updates, and in case of major updates, the Web Portal and/or the Portal Services may not function unless you accept these major updates.
2. REGISTRATION AND ACCEPTANCE
a. You will be required to register on the Web Portal to utilise the Portal Services and share
your personal and organisational details to access it. You agree to share the required details to create an account with the Web Portal. Further, the User shall indicate a user name for the account and an associated password. You agree to provide accurate, current, and complete information during the registration process (hereinafter referred to as ‘User Account’).
b. The User Account is affiliated with and owned by the User and contains information
relating to the User (e.g., employee details, payroll information or organization details). The User, if an organisation, must authorize at least one employee or a representative to act as an authorized administrator for each User account. If Yo u a r e c r e a ti n g a U s e r account on behalf of and for an organization, You are doing so as an authorised person and You understand and acknowledge that the organization (and not You) is the owner of the User account.
c. To use the Web Portal, individuals acting as employers must have attained the age of 18
years. In the case of the User is an authorised representative of an organization, the authorized representative accessing the Web Portal must also have attained the age of 18 years.
d. The Users may be r equir e d t o c on firm tha t the y h a v e r ead and abide by th e T erms as
displayed on the Web Portal before the completion of signing up for the User account.
e. You are responsible for maintaining the confidentiality of Your User Account login
information and for all activities that occur under your User account. You agree to notify the Company immediately of any unauthorized use of Your User account or any other breach of security.
f. Your use of the Web Portal shall be only for organizational purposes, and you are
responsible for all activities that occur under your account. You shall continue to be responsible for the transactions in your User Account, if you knowingly or negligently (i) grant any other person access to your User Account, (ii) permit them to transact on your User Account, or (iii) transact on any other person’s behalf or directions; (iv) share the login details with any third person or has failed to update the mobile p hone number and/or e-mail address on the Web Portal or in any other manner, the Company shall not be liable for the activities or consequences arising thereof.
g. The User can upload various types of content and information through the Web Portal,
including files, employment documents, messages, and personal details about Workers/Employees. This collection of content and information is collectively referred to as "User Data."
h. It is the sole responsibility of the User to ensure that the collection and processing of User
Data comply with applicable laws and regulations. The User must confirm that they have obtained all necessary rights, licenses, consents, and authorizations to use and share any User Data uploaded to the Web Portal through their account.
i. You acknowledge and understand that the Company’s provision of all Portal Services will
rely on User Data provided to the Company by the User (including, but not limited to, User Data, tax information, payroll information, benefits information, and employment information about User or User organization and/or workers). User understands and agrees that the Company is entitled to rely on all such information and is not required to independently verify or correct any such information.
j. You understand and accept that not all Portal Services on the Web Portal are available in
all types of organisations across all geographic areas, and you may not be eligible for all the Portal Services offered by the Company on the Web Portal.
k. The Company reserves the right to determine the eligibility of the User to avail one or
more of the Portal Services based on the subscription obtained by the User as agreed between the Company and the respective User . Additionally, the User may provide multiple accesses to their User Account, subject to the subscription they have procured from the Company via the Web Portal and any supplementary terms conveyed by the Company.
3. NETWORKING PLATFORM
a. The Web Portal serves as a networking platform that enables Users to post and share
various types of informative and training content, including audio, videos, pictures, and texts.
b. The Web Portal may contain social media features, chat features, personal profiles, and/or
other interactive features that might allow Users to post, submit, publish, display, or transmit materials collectively (“User Content”) on or through the Web Portal, which can be easily accessed by the Workers/Employees on UNHU App.
c. All User Content must comply with the Content Standards set out in these Terms. These
content standards ("Content Standards") apply to any and all use of the Web Portal. User must in their entirety comply with all applicable state, local, and international laws and regulations. Without limiting the foregoing, Users must not:
- (i) Promote any material that is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory, or otherwise objectionable;
- (ii) Promote sexually explicit or pornographic material, violence, or discrimination based
on race, sex, religion, nationality, disability, sexual orientation, or age;
- (iii) Infringe any patent s, trademark s, trade secrets, copyright s, or other intellectual
property or other rights of any other person;
- (iv) Violate the legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms and the Privacy Policy;
- (v) Promote any illegal activity, or advocate, promote, or assist in any unlawful act;
- (vi) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,
alarm, or annoy any other person;
- (vii) Impersonate any person or misrepresent your identity or affiliation with any person or
organization.
d. The Company reserves the right to block or remove any User Content that violates the
Content Standards outlined in these Terms or is deemed inappropriate, offensive, or unlawful, without prior notice.
e. Any User Content posted by User, including but not limited to documents, training videos,
and other media, shall be restricted from being shared or accessed by unauthorized individuals or entities, except as expressly permitted by the User or required by law.
f. You represent and warrant that all of your User Content does and will comply with these
Terms. You understand and acknowledge that You are responsible for any User C ontent You submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You will be directly responsible, and the Company is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User of the Web Portal. Y o u a g r e e n o t t o i n i ti a t e a n y l e g a l p r o c e e d i n g s , e i t h e r d i r e c t l y o r i n d i r e c t l y i n respect of the User Content.
4. AWARDING REWARD POINTS
a. The Users shall have access to Reward Points by purchasing the subscription as agreed
between the Company and the respective User, as well as by acquiring additional Reward Points. Additionally, they can avail themselves of promotional points provided by the Company as part of promotional campaigns or offers.
b. Users shall have the ability to award Reward Points to their Workers/Employees based on
specific actions or achievements within the Web Portal. These Reward Points will be reflected in the worker’s/employee’s accounts on the UNHU App, allowing them to utilize the Reward Points to avail of services or purchase products within the UNHU App.
c. Workers/employees can access and use the accumulated Reward Points in their UNHU
App accounts to redeem rewards, access benefits, or make purchases as per the offerings available within the UNHU App.
d. The Users shall have access to a comprehensive dashboard on the Web Portal, allowing
them to monitor and oversee the allocation and usage of Reward Points by Workers/Employees. This functionality empowers employers to efficiently manage and optimize their reward programs.
e. Reward Points awarded by Users are calculated and managed within our Web Portal's
systems. We reserve the right to adjust Reward Points credited to workers’/employees’ accounts in case of discrepancies or as per our Terms.
f. The Company reserves the right, at its sole discretion, to change the mode of the accrual
of one or any of these types of Reward Points, including the maximum number of Reward Points awarded to the worker’s /employee’s activities. Further, it reserves the right to disqualify any User, who does not meet the Company’s requirements or for any other reason including but not limited to any fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations. The Company also reserves the right to discontinue or change or issue any new form of Reward Points offered at any time, at its sole discretion. The Company may also at its discretion specify an expiry period for these Reward Points.
g. Notwithstanding anything contained herein, in the event of termination of the access to
the Web Portal by the Company for any reason whatsoever, any Rewards Points with the User shall lapse. Users shall have no claim or entitlement to the Reward Points upon termination of use. Further, the Company reserves the right to deactivate or delete the User Account, and all related information on it, and forfeit all Reward Points from any User, in the event of misuse of the offer, fraud or suspicious transaction/activity on the Web Portal or any other Platform.
5. RESPONSIBILITIES OF THE USER
a. By using the Web Portal, You agree to the Terms and any additional terms and conditions
that may apply to specific features or Portal Services offered on the Web Portal including the terms and conditions and privacy policy of the Partners or any third party as specified on its respective website or any other platform.
b. If You are accessing the Web Portal on behalf of a company, limited liability partnership
or any other legal entity, you represent and warrant that You have the authority to bind that organization to these Terms and, in such cases, the term ‘User’ as used in these Terms shall refer to such entity.
c. You shall comply with all applicable laws and regulations.
d. No User shall undertake any unauthorized reproduction, download, recreation, sharing of
sensitive information, sublicensing, or any form of distribution not in compliance with these Terms, if undertaken shall be treated as a misuse of the Web Portal or the Portal Services.
e. By utilizing the Web Portal, you expressly authorise the Company to utilise information
pertaining to y our actions including the User’s name and details on the Web Portal to display advertisements, offers, and other content, sponsored or otherwise, across our Portal Service s. This authorization is conferred without any requirement for compensation to you.
f. The User is responsible for promptly verifying the accuracy of any content generated by
the Company on the Web Portal based on User Data or any information provided by the User and timely notifying the Company of any inaccuracies in such content.
g. The User to the Web Portal does hereby specifically agree that it shall, at all times, comply
with the requirements of the Information Technology Act, 2000 and Digital Personal Data Protection Act, 2023 and also the rules, regulations, guidelines, bye laws and notifications made thereunder while assessing or feeding information or data into the computers, computer systems or computer network of the Web Portal . The said User further unequivocally declares that in case he violates any provisions of the said acts and/or rules, regulations, guidelines, bye laws and notifications made thereunder, it shall alone be responsible for all its acts, deeds and things and that it alone shall be liable for civil and criminal liability thereunder or under any other law for the time being in force.
6. USAGE CONDUCT
The Company grants the User limited, personal, non -exclusive, non -transferable and non - sublicensable right to use the Web Portal , subject to the Terms and P rivacy Policy and the following specific representations and warranties:
a. User is under an obligation to use this Web Portal for reasonable and lawful purposes only
and shall not indulge in any activity that is not envisaged through the Web Portal. You shall use this Web Portal for personal, non-commercial use only and shall not use it for re-selling the same to any other person.
b. User shall only access the Web Portal using authorised and lawful means.
c. Any configuration or set-up of the devices for access to the Web Portal shall be the sole
responsibility of the User.
d. The Company shall collect, store, process and use the User information in accordance
with the Company's Privacy Policy. The use of the Web Portal and submission of Personal Data (if any) (as defined in the Privacy Policy) shall be construed as the User giving consent for the collection and use of information disclosed by the User to the Company, in accordance with the Privacy Policy.
e. The User shall not knowingly include or use any false or inaccurate information in the
personal information.
f. The User shall not take any action that interferes with, degrades or adversely affects the
Company and/or the Web Portal.
g. The User shall not use the Web Portal, or any portion thereof, to transmit, publish, post,
upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content.
h. The User shall not use the Web Portal in a manner that (a) is prohibited by any law or
regulation, or facilitates the violation of any law or regulation, or (b) will disrupt a third party's similar use, or (c) violates or tampers with the security of the Web Portals.
i. The User shall ensure that the Web Portal is not used to upload, post, transmit, or
otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on or provide unauthorized access to, the Web Portal or any other software, hardware, services or data.
j. The User shall not attempt to gain unauthorised access to any accounts, computer
systems or networks connected to the Web Portal, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to the User. You shall not indulge in decompiling, reverse engineering, disassembling content, or removing any intellectual property right associated with the Web Portal , including our copyright, trademarks, trade secrets, designs, patents, or other proprietary notices.
k. The User shall not copy, modify, adapt, translate, or reverse engineer any portion of the
Web Portal, its content or materials and/or the services. Further, the User shall not use the Web Portal to develop or to assist anyone in developing a competitive business, service or for other competitive purposes.
l. Without explicit and written consent from the Company, You agree not to reproduce,
publish, distribute, or otherwise use any data collected on this Web Portal for commercial or non-commercial purposes. This includes but is not limited to, personal information, User-generated content, and any other data accessible on the Web Portal.
m. Any unauthorized reproduction or publication of such data is strictly prohibited and may
result in legal action.
n. In the event of any dispute or issue arising between the User and any Partner, or between
the User and their workers, or employees, regardless of whether the services were accessed through the Web Portal, the Company shall not be held responsible or liable . The User acknowledges that any such disputes are solely between them, and the respective party involved, and the Company shall not be made a party to such disputes or issues.
7. RIGHTS OF THE COMPANY
a. The Company may at its sole discretion:
- (i) Exercise the authority to curtail, temporarily suspend, or permanently terminate
User's access to or all segments of the Web Portal or its Portal Services;
- (ii) Exercise discretion in declining, relocating, or deleting any content that a User may
choose to submit.
- (iii) Perform the action of relocating or deleting any content accessible on the Web Portal.
- (iv) Institute comprehensive principles and boundaries governing the utilization of the
Web Portal and the Portal Services.
- (v) Assign its rights and liabilities to all User accounts hereunder to any entity. Further
post the assignment, intimation of such assignment shall be sent to all User’s registered email IDs.
b. Users hereby grant their consent to receive various forms of communication, including
announcements, administrative notifications, and promotional materials from the Company or any entities affiliated with the Company, including its Partners and licensors.
c. The Company retains the right to take appropriate actions against the Users, including but
not limited to safeguarding against loss of revenue or reputation, seeking damages, terminating Portal Services or access, and reporting such instances to relevant authorities. In the event of any unauthorized copying, misuse, transmission, or crawling of data, photographs, graphics, or information from the Web Portal, the Company reserves the right to undertake suitable measures, including cessation of access, injunction and pursuit of damages.
8. DISCLAIMER OF WARRANTIES AND LIABILITIES
a. The User understands and agrees that the Company provides the Web Portal on an 'as-is'
and 'as-available' basis. The User agrees that the use of the Web Portal is at User’s risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for title and non -infringement are disclaimed and excluded.
b. No representations, warranties or guarantees whatsoever are made by the Company as
to:
- (i) the accuracy, adequacy, reliability, completeness, suitability or applicability of the
information to a particular situation;
- (ii) the quality of any Portal Services, content, information, or other material on the Web
Portal will meet the User’s expectations or requirements;
- (iii) any errors in the Web Portal will be corrected; or
- (iv) other warranties relating to performance, non -performance, or other acts or
omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
c. The Company does not make any representation or warranty regarding the reliability,
accuracy, completeness, correctness, or usefulness of third-party content, and disclaims all liabilities arising from or related to third-party content.
d. The Company does not warrant that any of the software used and or licensed in
connection with the Web Portal will be compatible with other third -party software or devices nor does it warrant that the operation of the Web Portal and the associated software will not damage or disrupt other software or hardware.
e. Notwithstanding anything contained elsewhere in these Terms, in no event shall the
Company be liable to the User or anyone for any Harmful Code or default, or error, or for any reason who claims under the User for any costs or loss incurred or suffered by the User or anyone claiming under the User, including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence), strict liability or otherwise. In no event or circumstance , the Company be under any liability to make good any loss whether by way of any monetary payment or otherwise.
f. The Company or anyone else involved in administering, distributing or providing the Web
Portal further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment (‘Harmful Code’) that may be transferred to the User’s devices when accessing the Web Portal. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or destructive code or code that was intentionally written to self -replicate. The User is advised to obtain and use appropriate anti -virus and security software and to take all other appropriate measures to safeguard the integrity of the User’s devices.
9. LINKS TO THIRD-PARTY APPLICATIONS, SERVICES AND PRODUCTS
a. Within the Web Portal , the User may encounter links to other websites or applications
that are independently owned and managed by third parties. The User’s interaction with these external sites is subject to the terms and conditions, if any, stipulated by those specific websit e s o r a p p l i c a ti o n s . T h e C o m p a n y d o e s n o t e x e r c i s e c o n t r o l o v e r a n y websites or applications outside of its Web Portal and therefore disclaims responsibility f o r t h e c o n t e n t f o u n d o n a n y t h i r d-party websites or applications. It is crucial to understand that the Company's inclusion of third -party content or links to third -party websites and applications should not be interpreted as an endorsement or validation of such third-party websites or applications by the Company.
b. User’s correspondence, transactions/offers or related activities with third parties,
including payment processors, are solely between the User and that third party. User's correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party.
c. User agrees that the Company shall not be responsible or liable for any loss or damage of
any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third -party product or service s hould be directed to the appropriate vendor.
d. The Web Portal amalgamates content that is both originated by the Company and
provided by third parties. Notably, the Company does not furnish any warranties concerning the precision, entirety, or quality of content contributed by third parties. Therefore, the Users are explicitly advised against placing unwarranted reliance on third- party content when availing themselves of the Portal Services available on the Web Portal.
10. INTELLECTUAL PROPERTY RIGHTS
a. The User acknowledges that any and all intellectual property rights (including but not
limited to all trademark, copyright, patent, service marks, etc.) and other proprietary rights in relation to the Web Portal including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any personal information, intellectual property which belongs to a third party) and any suggestions, i deas, enhancement requests, feedback, recommendations created on the Web Portal or is related to the Portal Services shall vest completely and fully with the Company within and beyond the territory of India and the User shall have no right or claim in any manner whatsoever. However , the User shall be the exclusive owner of its intellectual property rights, or any User content created, uploaded, or shared on the Web Portal.
b. The Web Portal amalgamates content generated by the Company, its Partners, affiliates,
licensors and associates. The intellectual property rights may include names, logos, marks, labels, trademarks, copyrights or other intellectual property rights, (‘Intellectual Property Rights’), governing all foundational software underpinning the Web Portal and the materials presented within it, inclusive of, though not limited to, software, advertisements, written contents, photographs, graphics, images, illustrations, trademarks, logos, audios or video clips, and animations, are the exclusive property of the Company, its partners, licensors, and associates. Users are expressly prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, reproducing, crafting de rivative works from, distributing, publicly performing, displaying, or in any manner exploiting any materials or content featured on the Web Portal, be it in its entirety or part, without obtaining prior written authorization from the Company. However, the User shall be the exclusive owner of its intellectual property rights, or any User Content created, uploaded, or shared on the Web Portal.
c. U s e r s m a y r e q u e s t p e r m i s s i o n t o u s e a n y o f t h e C o m p a n y c o n t e n t b y w r i ti n g t o
contactus@unseenhumans.com.
d. Users shall bear exclusive responsibility for all content, whether publicly disseminated or
privately transmitted, that they upload, post, send via email, transmit, or otherwise share on the Web Portal i.e. User Content. Each User affirms and guarantees that they possess full ownership of all Intellectual Property Rights associated with their User Content and assure that no aspect of their User Content infringes upon the rights of the Company or any third party. Furthermore, Users pledge not to showcase or employ the names, logos, marks, labels, trademarks, copyrights, or other intellectual and proprietary rights belonging to third parties on the Web Portal. Users consent to indemnify and safeguard the Company, along with its directors, personnel, affiliates, and assignees, against any and all the expenses, damages, losses, and liabilities, including legal costs and attorney fees, arising from any third -party claims, particularly those related to the violation of Intellectual Property Rights due to the display or utilization of names, logos, marks, labels, trademarks, copyrights, or other intellectual and proprietary rights on the Web Portal , whether by the User directly or through their actions or inactions.
e. Users hereby grant to the Company and its affiliates, partners, licensors and associates a
worldwide, irrevocable, royalty -free, non -exclusive, sub -licensable license to use /or publish Users' Content for any of the following purposes:
- (i) displaying Users' Content on the Web Portal for their own affiliated
employees/workers;
- (ii) storing Users' Content in a remote database accessible by end-users, for a charge;
- (iii) This license shall apply to the distribution and storage of Users' Content in any form,
medium, or technology.
f. The Intellectual Property Rights displayed on the Web Portal and owned by any individual
(including Users), organization, or third party are unequivocally acknowledged as the exclusive property of their respective owners. Any disputes, controversies, or matters arising concerning these names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights should be promptly and directly directed to the respective rights holders, with notice to the Company.
11. DISCONTINUATION OF THE USE OF THE WEB PORTAL
a. In case of any cancellation/ inactivation/ unsubscription, we request You to inform the
Company about Your intention to the Company in writing via email, message or call our customer care phone number/ representative, or by utilizing any other option provided for on the Web Portal.
b. You may terminate your use of the Web Portal a t a n y ti m e b y u nsubscribing the Web
Portal or deleting your User Account. Provided, the Company may continue to maintain transaction records for record-keeping purposes and/or regulatory reasons. Deletion of the account or termination does not terminate your obligations undertaken prior to deletion or termination of the User A ccount. The Company may continue to retain a record of your activities or transactions made on the Web Portal for regulatory and archival purposes.
c. The Company reserves the right to terminate or suspend your access to the Web Portal
at any time and for any reason without prior notice.
d. The Users shall not engage in any form s of fraudulent transactions or criminal offences.
Any fraudulent schemes or activities aimed at defrauding the Company, Workers/Employees, Partners or other Users while using the Web Portal shall be reported under the relevant law to the appropriate authorities. The Company reserves the right to withdraw its Portal Services and the right to close, suspend, limit, or put on hold a User's Account at its discretion.
12. PRIVACY POLICY
All information collected from Users, including but not limited to personal information, anonymized data and payment information, if any , is subject to the Company’ s Privacy Policy (accessible via the link provided on the Web Portal).
13. FEEDBACK
a. As a participant, the User agrees to use careful, prudent, and good judgment when leaving
feedback on the Web Portal. In the event the feedback violates these Terms, is inappropriate or violates the propriety or privacy of the Company , affiliates, third party, or any other person in its sole discretion, may delete the User’s feedback or any User postings; and/or report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. As mandated by the law or at the Company's sole discretion, the Company shall cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Web Portal.
b. Reporting inappropriate use of feedback: The User may contact the Company regarding
any inappropriate use of feedback via email at contactus@unseenhumans.com.
c. The Company does not and cannot review every posting on the Web Portal. These Terms
d o n o t r e q u i r e t h e C o m p a n y t o m o n i t o r , p o l i c e o r r e m o v e a n y p o s ti n g s o r o t h e r information submitted by the User and the Company shall not be responsible for any ensuing liability.
14. INDEMNIFICATION
By accepting these Terms and using the Web Portal, the User agrees that the User shall defend, indemnify and hold the Company, its directors, shareholders, officers and other representatives, Partners and affiliates including their employees, officers and representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
a. User’s access to the Web Portal;
b. User’s violation or breach of these Terms or any applicable law or regulation;
c. User’s violation of any rights of any third party including intellectual property or other
rights of any person or entity; or
d. any third-party claims based upon the content of any communications transmitted by the
User.
15. TERMINATION
a. These Terms will continue to apply until terminated by either the Company or the User as
set forth below.
b. Termination by the User. If the User elects not to be bound by these Terms, the User may
terminate the relationship with the Company by unsubscribing the Web Portal.
c. Termination by the Company. The Company may at its discretion and at any time with or
without notice, terminate or suspend the Terms, with or without cause if:
- (i) User is in breach of any of the provisions of the Terms, the Privacy Policy or any other
terms, conditions, or policies that may be applicable to the User;
- (ii) The Company ceases its operations or discontinues the Web Portal;
- (iii) In case of bankruptcy, insolvency, winding up or liquidation event has occurred in the
Company;
- (iv) The Company is mandated to do so in accordance with the law;
- (v) The Company has elected to discontinue, with or without reason, access to the Web
Portal (or any part thereof) either in general or specifically to the User.
d. The Company shall not be liable to the User or any third party for any such termination.
16. CONSEQUENCES OF TERMINATION
a. In the event of termination, Your data will be retained by the Company for a period of 12
months. During this period, You may resubscribe and reactivate your account. However, if You remain unsubscribed for more than 12 months, the Company will proceed to delete Your data.
b. Subject to the provision above mentioned, once the User account has been terminated,
any and all User Content will be irretrievably deleted by the Company, except to the extent that the Company is obliged to maintain or permitted to retain it in accordance with law.
c. The limited licences or assignment granted for use of the Web Portal to the User in
accordance with these Terms shall stand terminated, effective immediately.
d. The Company, in its sole discretion, may initiate appropriate legal proceedings against the
User, if necessary, in the event the termination is on account of the User’s breach of these Terms.
e. Termination shall not affect User’s liability or obligations arising prior to such termination
and for the avoidance of any doubt, it is hereby clarified that deletion, deletion of the User Account on the Web Portal and/or discontinuation of the Portal Services, shall not discharge the User from the responsibility, obligation and liability including to repay the outstanding amount(s), if any, in accordance with these Terms.
f. Termination shall not affect the access to benefits and services accrued or utilised by the
Workers/Employees onboarded by the User. The Workers/Employees will retain access to and continue to enjoy accrued benefits, with their accounts on the UNHU App remaining active and unaffected by the User’s termination. However, the Company reserves the right to delink the User associated with the terminated account.
17. FORCE MAJEURE
Notwithstanding the limitations or disclaimers outlined in these Terms, the Company shall not be held responsible for any delay or failure in performance, whether directly or indirectly caused, which is beyond their control. This includes but is not limited to, incidents such as internet errors, electrical power failure s, damage to computer or telecommunication equipment, labour strikes, disputes, civil unrest, natural disasters, governmental actions, epidemics or pandemics, court or regulatory orders from domestic or foreign jurisdictions, and negligent actions carried out by third parties.
18. GOVERNING LAW
These Terms shall be governed and construed under the laws of India and the courts of New Delhi shall have exclusive jurisdiction.
19. DISPUTE RESOLUTION
a. In the event of any grievance or issue in relation to these Terms or Portal Service, the User
shall first notify the designated Grievance Officer of the company in writing in accordance with Clause 2 2 herein below. Upon receipt of the grievance notification, the Company shall resolve the issue amicably with the User. If the Company fails to address the grievance within a reasonable timeframe of receiving the notification, the User may proceed to follow the dispute resolution seeking legal recourse through the competent courts if necessary.
b. Notwithstanding anything contained herein, the Company shall have the right to proceed
against the User for any breach or violation including but not limited to these Terms, Privacy Policy, terms or policies of the Platform, violations of applicable laws, regulations, or engaging in any illegal activities or for any other reason deemed necessary by the Company. In such cases, the Company reserves the right to initiate legal proceedings directly in the competent courts without the necessity of prior notification or attempted resolution through discussions.
c. The competent courts situated in New Delhi shall possess exclusive jurisdiction to
adjudicate upon all disputes arising from or associated with the Web Portal or Portal Services offered by The Company. This jurisdiction encompasses matters pertaining to the construction, validity, interpretation, and enforceability of these Terms, as well as the rights and responsibilities of the User(s) and the Company. Furthermore, these courts shall have the exclusive authority to grant interim or preliminary remedies in the event of any dispute referred to arbitration. All such concerns and queries shall be subject to governance and interpretation in accordance with the laws of the Republic of India.
d. Nothing contained in these Terms shall prevent the Company from seeking and obtaining
interim or permanent equitable or injunctive relief, specific performance or any other relief available to safeguard the Company’s interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same.
20. AMENDMENT AND MODIFICATION
The Company reserves the right to modify these Terms at any time with or without any further notice(s) by uploading the revised Terms on the Web Portal and you must keep yourself aware of the revisions to the Terms of the Web Portal.
21. MISCELLANEOUS
a. To the extent that anything in or associated with the Web Portal is in conflict or
inconsistent with these Terms, these Terms shall take precedence and prevail.
b. The Company’s failure to enforce any provision of these Terms shall not be deemed a
waiver of such provision nor of the right to enforce such provision.
c. The Company’s rights under these Terms shall survive any discontinuance of the access
or use of the Web Portal.
d. If any provision of these Terms is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced to the fullest extent under law.
e. Any notices to the User from the Company regarding the Web Portal or these Terms shall
be posted on the Web Portal or sent by email or regular mail.
f. The Company reserves the right to assign any rights as it deems fit to any third party
whatsoever.
22. GRIEVANCE REDRESSAL OFFICER
The Company is committed to addressing User grievances promptly. For internal resolution, Users can contact customer support. If dissatisfied, escalate the matter to the Grievance Officer. The Company pledges fair and timely redressal, and no retaliatory action will be taken against Users for raising grievances in good faith. The Company reserves the right to modify the grievance redressal mechanism, with any changes communicated on the Web Portal. For assistance, contact Anoop Khandelwal at anoop@unseenhumans.com. GLOSSARY
a. “User(s)” means and includes employers, organizations, NGOs, parent organizations, or any
entity that registers on the Web Portal to access comprehensive data and leverage an empathy- driven benefits platform to enhance the overall well -being of their workers. Th e term User includes but is not limited to employers of direct workers, contractors, contract workers, and any affiliated individuals or organizations associated with providing services or benefits to workers.
b. “Partner(s)” shall mean any third-party entities, organizations, or individuals that have entered
into agreements or collaborations with the Company to provide their services, benefits schemes, or products through the UNHU App, Web Portal or Website.
c. “Portal Services” refers to the services offered by the Web Portal that enable Users to manage
their Workers/Employees by facilitating worker onboarding and offering relevant benefit schemes through the Web Portal. This service includes a user -friendly web app interface allowing Users to communicate messages, share training resources, and post important information accessible to workers via their UNHU App. The services also include a rewards mechanism for U s e r s t o i n c e n ti v i z e s p e c i fi c a c ti o n s b y w o r k e r s , p romoting empathetic communication, mutual trust, and retention. Additionally, it provides a dashboard with data - driven insights, allowing Users to track workers' interests and engagement with benefit schemes.
d. “Reward Points” a r e a f o r m o f i n c e n ti v e a w a r d e d b y U s e r s t o t h e i r Workers/Employees for
specific actions or behaviours deemed valuable to the User’s organization.
e. “UNHU App ” means the mobile application, hosted by the Company for providing specified
services and benefits to the registered individuals except Users.
f. “Worker(s)/Employee(s)” means and includes individuals who are citizens of India,
encompassing formal, informal, contractual, non -contractual, permanent, temporary, independent, seasonal, remote, or gig workers/employees onboarded by User(s) , as well as beneficiary members of NGOs and also includes small entrepreneurs such as street vendors and domestic help and any such other individual which may benefit from the services provided under UNHU App . For the purpose of clarity, t he term Worker(s)/Employee(s) includes individuals directly employed by the User, contractors, subcontractors, workers engaged through NGOs, parent organizations, or any affiliated entities associated with the User to access and use the UNHU App to avail of the benefits and services offered on the UNHU App.
