By clicking “sign up” or the ‘I accept’ tab at the time of registration, or by entering into an agreement with the Company to access or use the Software through any medium, including but not limited to accessing the Software through mobile phones, smart phones and tablets, You agree to be subject to these Terms.
We request You to please read these Terms carefully and do not click “sign up” or “I accept” or continue the use of the Website, Applications and Services unless You agree fully with these Terms.
As used in these Terms, the following terms shall have the meaning set forth below:
- “Effective Date” means the Date on which You accept these Terms by clicking ‘Sign Up’ or ‘I Accept’ or entering into an agreement with the Company.
- “Registered Doctor” is a duly qualified member of the medical profession registered with the Medical Council of India eligible and qualified to practise in India.
- “Registered Doctor Information” means the Registered Doctor’s information pertaining to his/her name, qualification, experience, specialization, registration number with the Medical Council of India, consultation fees, education, professional memberships, health related information, prescriptions, material published or disseminated by the Registered Doctor, information provided by way of responses to questions raised by Registered Users, or in course of private interactions with Registered Users.
- “Registered User” means any person who signs up, downloads and registers as a user with the Software and excludes Registered Doctors and Service Providers.
- “Service Provider” means laboratories, chemists, pharmacies, clinical nutritionists, diabetic coaches etc. who are registered with the Company for rendering services.
- “Service Provider Information” means the information provided by service providers such as laboratories, chemists, pharmacies, clinical nutritionists, diabetic coaches etc. such as lab reports, tests, analysis any other information relating to lab tests, availability of medicines, reminders of medicines, diet plans, exercise plans, nutrition plans etc. shared with Registered Users and Registered Doctors.
- “Software” means the Website and the Application consisting of hardware and / or software, offered by the Company to You, which may include patient management system, dashboards, compliance management systems, electronic medical records service and other services as may be provided, developed and introduced by the Company from time to time;
- “User Information” means information regarding Registered Users which includes personal and medical information such as information pertaining to age, weight, height, vitals, blood sugar, blood pressure, haemoglobin, diet details, exercise details, and any other information which may be provided by a Registered User to the Registered Doctor or Service Provider or may be shared by the Company to the Registered Doctor or Service Provider;
- All other capitalized terms shall have the meaning ascribed to them in the Other Terms.
- Registration as Registered User:
- In order to access and use the features available on the Website and/or Application offered by the Company and for availing services offered on the Website and/or Application you will need to accept the Terms and then create an account (“Account”) and represent, warrant and covenant that you will provide accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and a password you will use to access the Website and Application and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the User Agreement, which may result in immediate termination of your Account.
- In order to be able to register yourself as a Registered User on the Website and/or Application provided by us, You represent and warrant to the Company that: (a) You are at least eighteen (18) years of age and have the authority to enter into this Agreement; (b) this Agreement is binding and enforceable against you and (c) most importantly that all the information provided at the time of registration is correct, verified and true.
- You shall not (a) create any Account for anyone other than yourself without such person’s prior written permission; (b) use a User Name that is the name of another person or entity with the intent to impersonate that person or entity; (c) use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or (d) use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
- The Company, at this stage, shall provide this Application to you free of cost for the Registered User. The Company, however, reserves the right to charge a fee to You at a future date for using the Application. In such a scenario, if use of the Application becomes chargeable You and the Company will agree to a fixed amount which will be payable by You to Company solely for the purpose of access and use of the Application offered by Company as a platform to connect with Registered Doctors and Service Providers and will not be used for any other purpose including advertising.
- Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) we provide on our Website/ Application by notifying the same on our Website/Application from time to time without prior notice to you. We will not be liable if for any reason our Website/ Application or the Services (or any features within the Services) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website/ Application, or our entire Website/ Application, to Users who have registered with us.
- You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them. You are also solely responsible and liable to Curo for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors
such as internet service providers and internet network ability and we shall not be liable to you for any damages arising from your inability to log into your account.
- Curo reserves the right to refuse access to use the Services offered at the Website/ Application to new users or to terminate access granted to existing users at any time without according any reasons for doing so. Use of the account is not available to any user who is suspended or prohibited by Curo from using the Website/ Application or Services for any reason whatsoever
- Grant of Rights:
- The Company owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the Software, the present or future modifications / up gradations thereof and standard enhancements thereto.
- The Company subject to the terms of the Agreement, grants You and You accept a non-exclusive, personal, non-transferable, limited right to have access to and use the Software, including the Website, Applications and services offered therein for the duration you are registered with Us as a Registered User. Except as expressly permitted by these Terms, any, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation, or disassembly of the Software embodied in the Website and/or Application is strictly prohibited.
- The Terms do not and shall not transfer any ownership or proprietary interest in the Software from the Company to You, except as may be otherwise expressly provided in these Terms or as may be agreed to by and between Company and You.
- The Company hereby states that the Registered Doctor Information and Service Provider Information provided on the Application and/or Website is proprietary to and owned by the Registered Doctor and Service Provider, respectively.
- The Registered User has limited permission to use the Software, Service Provider Information and Registered Doctor Information expressly granted by these Terms and You shall not obtain any rights to the Software, Service Provider Information and Registered Doctor Information.
- You agree that You are the owner of all rights, including all intellectual property rights in the Registered User Information that You post on the Website and/ or Application and provide to Company.
- Use of the Software:
- You may use the Software to create your Account and access the various features and services available on the Website and/or Application and upload Your profile containing Your name, medical history, records, reports, services needed, etc.
- Once you complete registration on the Website/ Application you will be a member which will allows you to access and post content on the Website/ Application;
- You may use the Software for receiving notifications and updates regarding your appointments, managing those appointments with Registered Doctors and Service Providers for online consultation and if required, personal consultation.
- You may use the Software to ask any health related questions on the Website and obtain responses to such questions from a Registered Doctors.
- You as a Registered User may use the Software for sharing User information with Registered Practitioners and Service Providers to obtain opinion, seek consultation online or in person.
- You may use the Software for paying consultation fees of the Registered Practitioner or Service Providers.
- You may use the Software to receive notifications from Service Providers such as for scheduled sample pickups at your home from a Laboratory, appointments for conducting tests, delivery of the Lab results, for sharing the Lab results with the Registered Practitioners, to get a fitness routine, nutrition plan, diet plan etc.
- You acknowledge that the Website and Application is an informative platform only. We are not in the business of providing healthcare services or hospital services.
- We encourage You to independently verify any information You see on or receive from anyone including Registered Practitioners, Service Providers on the Website. You will use the Website and Application and the features therein only in relation to and in compliance with all applicable Indian laws and only in respect of the purpose mentioned herein under this Agreement.
- If required the Registered Doctor may suggest certain tests to be conducted, prescribe medicines, a diet to be followed, exercise regime etc. and may connect you with Service Providers offering those services. The charges for the corresponding service provided by the Service Provider will have to be paid by you.
- Please note that We (i) do not recommend or endorse any Registered Practitioners and/or Service Providers mentioned on the Website and Application; and (ii) do not make any representations or warranties with respect to Registered Practitioners and/or Service Providers or the quality of the healthcare or other services they may provide, and (iii) do not grade Registered Practitioners or Service Providers.
- You will obtain all relevant consents and approvals prior to posting or providing any User Content.
- You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Software which may be accessed by the Registered Doctors at the time of private interactions using the Software and by Service Providers if there services are required.
- You will not use this Software or any feature provided therein for any purposes not intended under this Agreement. You will not permit any third party to have access to the Software or to use the Software without Our prior written consent. You will not allow any third party to access the Software or provide information on the Website.
- You will not deliberately use the Software in any way that is unlawful or harms Us, our directors, employees, affiliates, distributors, partners, Registered Doctors and/or any Service Provider and/or data or content on the Software.
- You undertake that Your use of this Software shall be subjected to the following restrictions (a) You will not delete or modify any content on the Website/Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify; (b) You will not decompile, reverse engineer, or disassemble the Software, or You will not remove any copyright, trademark registration, or other proprietary notices from the Website and/or Application. You further agree not to access or use this Website/Application in any manner that may be harmful to the operation of this Software or its content; (c) You will not use the Software and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion; (d) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet and (e)You will not host, display, upload, modify, publish, transmit, update or share any information that —belongs to another person and to which the user does not have any right to; 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (f) You will not Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology on data privacy or other applicable laws containing offences relating to content that is publicly accessible.
- You will immediately notify Us of any breach or suspected breach of the security of the Software of which You become aware, or any unauthorized use or disclosure of information within or obtained from the Software, and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.
- Rights Reserved to Curo:
- We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/ Application constitutes a violation of their intellectual property rights, or of their right to privacy.
- We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Services.
- We have the right to investigate and prosecute violations of any violation of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms and conditions
- Subject to the receipt of a complaint from a user, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some of the Services, Curo may (but shall be under no obligation to) provide tools to filter out explicit sexual content.
- We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these terms and conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Curo, its users and the public. Curo will not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions.
- We reserve the right to introduce or change the prices of all Services upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Service itself.
- Curo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service
- Company as an Intermediary:
- Company’s role is limited to a) providing a platform for the Registered Users to consult the Registered Doctor or Service Providers directly at their place of work or consult them by booking appointments on the Software and seek online and in person consultation, b) providing a platform for Registered Users to directly access services like labs, chemists, coaches, dieticians, training instructors registered with the Company for conducting tests, collection of samples and delivery of reports, delivery of medicines, reminders, making diet plans, exercise plans etc. or connect through a Registered Doctor to a Service Provider for the aforementioned professional services (c) helping Registered Users keep track of their visits and annual laboratory schedule, and give them the extended help needed to maintain a healthy lifestyle, d) providing a platform to Registered Users to seek answers to health related questions, e) providing a platform for providing facilitating, collection and disbursal of consultation and service fees for Registered Doctors and Service Providers.
- Company’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, the Company is merely providing a platform to the Registered User and thus has no responsibility and / or liability in respect of the content and transactions being shared on the Website and/or Applications including any Service Providers Information, interactions between Registered Doctors/Service Providers on the one hand and Registered Users on the other hand.
- Company may elect to monitor and remove any Registered User from the Website and/or Application if the Company determines in its sole discretion that such Registered User is in violation of this Agreement or any applicable law and best practices. Where the Company removes any such Registered User from the Website and/or Application, Company will make reasonable efforts to inform the Registered User who had posted such information. Such actions do not in any manner negate or dilute Company’s position as an intermediary or impose any liability on Company.
- If Company suspects any illegal, wrongful or fraudulent activity on the Website and/or Application by any Registered User, notwithstanding any other rights Company may have, Company reserves the right to inform the relevant government or law enforcement authorities. Company will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
- Company does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
- Third Party Websites:
- You may be provided with links on the Website/Application that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”).
- Company does not endorse any Third Party Websites that You may be directed to from the Website.
- Disclaimer and Exclusion of Warranties:
- You understand and agree that the Company is only providing a platform where You can interact and consult with Registered Doctors and/or Service Providers registered on the Website and Application. Any interactions or consultations between You and the Registered Doctors and You and Service Providers on the Website/Application, are strictly between You and the Registered Doctor and You and the Service Provider. You shall not hold the Company responsible for any such interactions and associated issues. The Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the Registered Doctor and You and the Service Provider You interact with. If You decide to engage with a Registered Doctor to provide medical services to You, You do so at Your own risk. Similarly, If You decide to engage with a Service Provider to provide test reports, deliver medicines, make a diet plan, exercise regime, nutrition plan etc. to You, You do so at Your own risk.
- We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the Registered Doctors or Service Providers. We shall not be responsible for any breach of service or service deficiency by any Registered Practitioner or Service Provider.
- We may provide information to assist You this may include information and reminders concerning drug interactions, lab and diagnostic services, diet plans, exercise plans, allergies, dosages, as well as general health-care related information and resources. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Website or Application by third parties, including Registered Doctors Information, and Service Provider Information, is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our Website. You assume full risk and responsibility for the use of information You obtain from or through this site, and You agree that Company is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any Registered Doctor, Service Provider or diagnostic or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the information on the Website, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the website.
- You agree that the Company, Our affiliates, officers, directors, and agents, are not liable for any loss, injury, bodily harm, death due to negligence or otherwise, damage to You, arising out of or occurring in connection with You relying or acting upon any advise provided by the Service Provider or Registered Doctors on the Website, Application, Software.
- Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to Your questions or postings) may be provided by Registered Doctors or Service Providers. The provision of such content to You by Us does not constitute delivery of health care or diagnostic services to You and does not create a professional relationship between Us and You.
- If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from Us, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
- The Information provided on the Website and in any other communications from or provided through us is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that We shall not be responsible for Your treatment or be treated as a health care provider on account of collection of the consultation fees for private consultation by Registered Doctor or collection of fees for services provided by Service Providers, for any reason whatsoever.
- WE DISCLAIM ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE, THE APPLICATION, THE SOFTWARE AND ITS FEATURES; (II) REGISTERED DOCTOR WHO RESPONDS TO QUESTIONS OF A REGISTERED USER OR WHO INTERACTS PRIVATELY WITH A REGISTERED USER; (III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE (IV) THE ACCURACY OF ANY SERVICE PROVIDER INFORMATION INCLUDING LAB TEST RESULTS, MEDICINES, DIET PLANS, EXERCISE ROUTINES, NUTRITION PLANS AVAILABLE OR RECEIVED THROUGH SERVICE PROVIDERS (V) ACCESS TO OR ALTERATION OF USER INFORMATION OR REGISTERED DOCTOR INFORMATION OR SERVICES PROVIDER INFORMATION (V) TRANSMISSION OF DATA AND (VI) ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.
- THE WEBSITE AND APPLICATION IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR ANY THIRD PARTY IS LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE WEBSITE. NEITHER WE NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER INFORMATION, REGISTERED DOCTOR INFORMATION, OR SERVICE PROVIDER INFORMATION.
- Content License From You:
- By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Curo a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
- You understand that Curo, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Curo to take these actions.
- You are solely responsible for your contributions to any online forum Curo may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to Curo, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to Curo a perpetual, irrevocable, royalty free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
- You confirm and warrant to Curo that you have all the rights, power and authority necessary to grant the above license.
- Billing and Payment:
- Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Curo may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
- It is your responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Curo does not validate all credit card information required by the Customer’s payment provider to secure payment.
- The Customer must notify Curo about any billing problems or discrepancies within 30 days after charges first appear on their Account statement. If it is not brought to Curo’s attention within 30 days, Customer agrees to waive their right to dispute such problems or discrepancies.
- You must not misuse our Website/ Application by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website/ Application, the server on which our Website/ Application is stored or any server, computer or database connected to our site. You must not attack our Website/ Application via a denial-of-service attack or a distributed denial-of service attack;
- By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/ Application will cease immediately;
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website/ Application or to your downloading of any material posted on it, or on any Website/ Application linked to it.
- Data Charges:
You acknowledge that applicable network/data charges may be incurred through your use of the Application and you agree that you are responsible for any and all such charges that may be charged to you and that Company shall have no liability to you whatsoever in respect of such charges. You also agree that the charges incurred through your use of the Application are dependent on your agreement with your service provider and that Company has absolutely no liability to you in respect of such charges. You agree that use of the Application whilst outside your home circle might incur additional roaming charges and agree to be solely liable for such charges. Company has no liability to you in respect of such charges.
- Limitation Of Liability:
NOTWITHSTANDING THE ABOVE, IN THE EVENT COMPANY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND COMPANY AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF ANY FEES PAID BY YOU TO THE COMPANY IN THE PRECEDING TWELVE MONTHS OR INR 5000 WHICHEVER IS LOWER. YOU AND COMPANY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE THAT WITHOUT YOUR ASSENT TO THIS SECTION, COMPANY WOULD NOT PROVIDE ACCESS TO THE WEBSITE, APPLICATION, SOFTWARE AND SERVICES, TO YOU.
You hereby indemnify, defend, and hold the Company, the Company’s agents, employees, representatives and other authorized users (other Registered Users, Registered Practitioners or Service Providers), harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Software (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part; (iv)your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (v) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Service and Website/ Application.
- Governing Law and Jurisdiction:
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Delhi shall have the jurisdiction.
- Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website and/or Application or its features or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
- The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
- Miscellaneous Provisions:
- Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
- Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented.
- Force Majeure: Company shall not be liable for any downtime or delay or unavailability of the Software including the Website and/or Application caused by circumstances beyond Company’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
- Each Party acknowledges: (a) having fully read the Terms in its entirety; (b) having had full opportunity to study and review the Terms.
- Assignment: You may not assign or sub-license, without the prior written consent of Company, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
- Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below. In the event of any complaints or concerns with respect to the website or our services, please contact our Grievance Redressal Officer Mr. Kartikeya Joshi at: firstname.lastname@example.org or +91 9560477440
Last updated – 01 March 2018.