AGGREMENT WILL BE APPLICABLE TO USERS MENTIONED BELOW:
i. Listing of Practitioners including doctors, hospitals, pathology, radiology, blood banks etc, and their profiles and contact details, to be made available to the other Users and visitors to the Website;
Other Healthcare service Providers:
i. Listing of other healthcare service providers including Pharmacies, Hospitals, Pathology Labs, Diagnostics Centers, Blood Banks, Ambulances etc, and their profiles and contact details, to be made available to the other Users and visitors to the Website;
i. For creating and maintaining ‘Health Accounts’ under their Profile,
ii. For searching for Practitioners and other healthcare service providers by name, specialty, distance, and geographical area, or any other criteria that may be developed and made.
iii. For making appointments with practitioners and/or service request with other healthcare service providers.
A-Z Health+ has complete authority to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed through message when you visit the website. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
How and to whom A-Z Health+ will disclose such information; and, Other information mandated by the SPI Rules.
The fact that certain information is being collected;
The purpose for which the information is being collected;
The intended recipients of the information;
The nature of collection and retention of the information; and
The name and address of the agency that is collecting the information and the agency that will retain the information; and
The various rights available to such Users in respect of such information.
a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require
c) The domain name www.a2zhealthplus.com ("Website"), including its online services, such as use of software on Website to book and cancel appointments and information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Website ("Materials") provided by Website is owned and operated by RSU A2Z Health Plus Pvt. Ltd. (“Company”) a Private Company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at J8 – Bhairav Society, Lalpur, Near Pachpedi Naka, Raipur (C.G.) - 492001, India, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
i) The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Company, as the context so requires.
iii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
h) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
2. OUR SERVICES
The Company is only a technical facilitator that aims to provide a platform for accessing information on healthcare, prevention, symptoms and cure of common diseases and ailments and directory of various healthcare service providers i.e. Doctors, Hospitals, Pathology, Radiology, Blood Banks, Medical Stores, Ambulances etc., merchant directory of vendors of medical equipments and other supplies. It provides software to book appointment and request services with health care service providers registered on the Website. It allows a registered service provider /vendor to publish on the Website its contact information in its online directory, its locations, key doctor's profile, main departments, advertise their services, health packages, offerings, discount, upload photos, events, seminar information, and fee schedule and timings for doctor consultations ("Profile page") by accessing its user id and password allocated at time of registration.
Registered Service providers/Vendors are solely responsible for quality of Services they provide. The Company accepts no responsibility for any medical, legal or financial consequences or implications arising out of use of the Website, including any Online Services, or Materials. The Company disclaims any warranties express or implied connected with use of the Website including its quality, availability or accuracy, which are provided on an "AS IS" basis.
A. PRIVILEGE CARD MEMBER – S:
It would be Valid for card holders only.
User has to show this card during the transaction.
Offers cannot be combined with any other promotion or offer.
This card is not transferable and remains the property of RSU A2Z Healthplus Private Limited.
Use of this card is subject to the terms and conditions specified on website and amended periodically.
This card would be valid for 5 year from the date of issuing unless decided otherwise by the Company.
User agrees and acknowledges that the Company is just a facilitator between user and the Blood bank and does not play any role other than as a facilitator.
APPOINTMENTS / SERVICE REQUEST AND INTERACTION WITH PRACTIONERS/ HEALTHCARE SERVICE PROVIDER:
i. While A-Z Health+ will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, A-Z Health+ does not guarantee that a patient will get a confirmed appointment. Further, A-Z Health+ has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
ii. You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold A-Z Health+ responsible for any such interactions and associated issues. For avoidance of doubt, A-Z Health+ is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by A-Z Health+ of any such particular Practitioner. A-Z Health+ shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
A-Z Health+ will not be liable for:
i. Any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
ii. Any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
iii. Any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
iv. Cancellation or rescheduling of booked appointment or any variance in the fees charged or any variance in the savings / discount offerings;
v. Any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
NOT FOR EMERGENCY USE
The Services are not intended to be a substitute and/or alternate for getting in touch with emergency healthcare i.e. Ambulance, Blood donor, Medical Store 24*7, Doctor 24*7, Hospital, Police etc.. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), you must not use our services and directly contact emergency healthcare services.
TERMS FOR PRACTITIONERS AND OTHER HEALTHCARE SERVICE PROVIDERS:
i. The Practitioner/Other Healthcare service providers shall reply to the patient after receiving patient’s communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the Practitioners/Other Healthcare service providers, A-Z Health+ has the right to show other available Practitioners/Other Healthcare service providers to the patient or remove Practitioners/Other Healthcare service providers from the website platform.
ii. The Practitioner/Other Healthcare service providers understands and agrees that, A-Z Health+ shall at its sole discretion, at any time be entitled to, show other Practitioners available for consultation/Other Healthcare service providers.
iii. The Practitioner further understands that, there is a responsibility on the Practitioner to treat the patients on this model, as the Practitioner would have otherwise treated the patient on a physical one-on-one consultation model.
iv. The Practitioner/Other Healthcare service providers has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat/serve the patient. In such cases, patient has the option of choosing other Practitioners.
v. The Practitioner/Other Healthcare service providers shall at all times ensure that all the applicable laws and rules that govern the Practitioner /Other Healthcare service providers shall be followed with utmost care shall be taken in terms of the consultation / services being rendered with their sole and exclusive responsibility.
vi. The Practitioner/Other Healthcare service providers acknowledges that if A-Z Health+ find the Practitioner/Other Healthcare service providers to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then A-Z Health+ shall be entitled to cancel the consultation/services with such patient or take such other legal action as may be required.
vii. It is further understood by the Practitioner/Other Healthcare service providers that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Practitioner privilege.
viii. The Practitioner/Other Healthcare service providers shall ensure patient’s consent is obtained prior to treatment/services, uploading the prescription/health records of the patient on the account of the patient during such consultation/services and only in accordance with the prevailing applicable laws and rules.
TERMS FOR PATIENTS:
i. A-Z Health+ Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the patient, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed hereunder or otherwise. In case of any negligence on the part of the patient in acting on the same and the condition of the patient deteriorates, A-Z Health+ shall not be held liable.
ii. As a User, you understand that, A-Z Health+ is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Practitioner.
iii. You understand that, your conversations with the Practitioner may be retained in our database, for legal and/or administrative requirements (example: to resolve issues raised by Users either for refund or to conduct investigation in case of issues raised by Users).
iv. If you decide to engage with a Practitioner to procure medical services to you, you shall do so at your own risk. A-Z Health+ shall not be responsible for any breach of service or service deficiency by any Practitioner.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Website; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
Whichever is longer? The Parties agree that certain portions of these Terms (“Sections”), such as Sections 12, 13, 14, & 16, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove.
6. FACILITIES TO BE RENDERED BY THE WEBSITE
i. To provide general information on healthcare, prevention, symptoms and cure of common diseases and ailments and directory of registered healthcare service providers including doctors, hospitals, pathology, radiology, blood banks, medical stores etc., directory of vendors of medical equipments and other supplies .
ii. To publish on the Website contact information about the registered service provider in its online directory, its locations, key doctor's profile, main departments, advertise their services, health packages, offerings, savings, upload photos, events, seminar information, and fee schedule and timings for doctor consultations ("Profile page").
iii. To provide a log in id and password to enable registered Service provider to create, update, and make any changes in its Profile Page as required.
iv. To facilitate e-mail communication between Website's registered users and the registered Service provider to enable Users to make and receive queries and/or book or confirm appointments for various health’s related issues.
v. To provide Users who are registered on the Website technical features to create their profile, edit/update it including daily food diet sheet, including contact information, add doctor to a favorite list, seek queries from doctor, invite friends to join the portal, contact the Company through contact details on Website, publish /review testimonials on Service provider's profile pages, request for booking appointments, subscribe for newsletter e-mail/ SMS alerts, receive SMS/e-mail incase of cancellation of appointment by a registered Service provider.
vi. By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to email@example.com. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
7. RESPONSIBILITIES OF REGISTERED SERVICE PROVIDER/VENDORS
(i) Registered Service provider/Vendor shall be solely responsible for assuring it has the valid licences and registration with concerned statutory Authorities to practice/advice/service to Users on healthcare and render medical consultations/services and advice/services through the Website. Breach of this condition will make concerned registered Service providers or Vendor entirely liable for legal actions or other consequences arising there from.
(ii) Registered Service Providers /Vendors shall maintain true and correct particulars of its contact information on its Profile pages, including locations, telephone numbers, discounts, e-mail addresses, timings, doctors profiles of different departments, provision of contact information to make for Users to make online booking of appointments with its doctors. The registered service provider/vendor shall be solely responsible for seeking consent of doctors before providing their profile details and verifying that only correct and updated information is provided to Company publishing on the Website. The Registered service provider/vendor shall also inform and obtain consent from its doctors that their profiles shall be promoted on Internet through web promotion activities connected with the Website. Prior to submitting contact information and detailed profiles, registered service provider/vendor shall ensure it has the required authorizations as stated in this clause and the information provided by them shall be duly signed and stamped by its authorized representative for the records of the Website . In case there are any subsequent changes to the supplied profiles, the same shall be duly intimated to the Website in writing, duly signed and stamped by the registered service provider/vendor so that these changes may be made. The Website publishes profiles either uploaded by registered service provider / vendor themselves or that is provided by them after due verification for publication on the Website. In case of any issue concerning consent or accuracy of any content provided by them, Users should approach the registered service provider/vendor directly. In case a user notifies Website of any incorrect information or description published on the Website provided by registered service provider/vendor, the only obligation of the Website will be to remove or deactivate the concerned link on the Website. However, the Website shall not be responsible for deactivating the said inaccurate profile or information from other websites on the Internet where the information may have been published due to web promotion activities in connection with the Website.
(iii) Service Provider shall depute one or two persons or more as may be required to attend to User's request for online booking, booking confirmations and cancellations of appointments with doctors on the Website on a 24x7 hour basis. Portal is only providing information related to healthcare and means of communication and platform to interact with Users. Registered Service Provider shall be fully responsible for maintaining highest professional standards and be solely responsible for all consultations/advice rendered to Users.
(iv) Registered Service provider shall confirm the booking requests for appointments made by Users in time and inform of any cancellations atleast 24 hrs prior to the scheduled appointment.
(v) Registered Service Provider shall ensure he is available to diagnose patient at the confirmed time of appointment at the specified location as communicated in writing to the User through the Website or phone/SMS/toll free number of call centre of Company.
(vi) Registered Service provider shall acknowledge he is registered with the Website when indicated or crosschecked by a User for his satisfaction.
(vii) Registered Service provider will ensure that any patient data of Users shared with its employees, doctors or staff members shall remain confidential at all times.
The use of this Website by the User, including browsing the Website and availing any services offered therein is free of cost. The User is only required to pay for the product and/or services, requested and/or purchased by the User from the Website. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered / rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
9. MODE OF PAYMENT
The following payment options are available on the Website:
a) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
b) Visa & Master Card Debit cards;
c) Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.
d) Cash on Delivery (“CoD”).
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of. Third party payment gateways will be used for all services in our site. To place a valid order on the Website, the User is required to complete the transaction, including making payment for the product / services opted for. This may or may not be assisted with a phone call from a customer service representative. By placing an order on the site or over the phone, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website, or affiliated websites where reference to such affiliated websites has been specifically made.
After the user has added products / services to the shopping cart, and proceeded to the checkout section, the user will be asked for his/her preferred delivery address and other contact information. Once the payment transaction has been successfully completed, the user’s order will be processed on receipt of the funds from the user’s bank or the credit card company. It is at this stage that the users order is successfully placed. Thereafter the products/ services purchased by the user will be shipped based on the product availability and completion of logistics operations related to the same.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
11. USER OBLIGATIONS
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
a) is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
b) agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 11 hereinbelow. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the products / services displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their products through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
c) In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
d) The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify A-Z Health+ of any actual or suspected unauthorized use of the User’s account or password. Although A-Z Health+ will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of A-Z Health+ or such other parties as the case may be, due to any unauthorized use of your account
e) Further undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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 under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
x. Collect or store data about other users of the Website.
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
xix. Engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.
The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party (ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
12. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
d) If User’ action ccopying or duplicating in any manner any of the Lificare or other information available from the Website.
13. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its directors, affiliate vendors, employees, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
14. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
The User is aware that the products displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned products are listed for sale to the users of the Website, and the neither the Company nor the Website owns any of the intellectual property relating to the products displayed on the Website.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
15. DISLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated on the Website, all products/services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) The Company/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose.
c) The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the Website, or accessing/using any information displayed thereon.
d) The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.
e) The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
f) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
17. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes/claim/refund/compensation arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute/claim/refund/compensation between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration under Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The seat of Arbitration shall be the city of Raipur in the state of Chhattisgarh, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Raipur shall have exclusive jurisdiction over any disputes arising between the Parties.
Any or all kind of communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
19. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.