TERMS AND CONDITIONS OF SERVICE AND USE

  1. GENERAL
    1. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000.
    2. This electronic record is generated by a computer system and does not require any physical or digital signatures.This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website‘www.kushala.co.in’ (hereinafter referred to as the “Website”)or the mobile application ‘KUSHALA’ (hereinafter referred to as the “App”) which is owned and operated by Mavoix Solutions Private Limited(hereinafter referred to as the “Company”), having its offices at No. 1071, Spacesync, 24th Main, Sector – I, HSR Layout, Bengaluru – 650 102; 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.
    3. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
      1. The term ‘You’ &‘User’, shall mean any legal person or entity accessing or using the services provided on this App, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
      2. ‘You’ where the context relates to ‘Health Service Provider’, and ‘Health Service Provider’ means any legal person or business entity, as the case may be, looking to access or use the services provided on this App for business purposes, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
      3. The terms ‘we’, ‘us’, ‘our’ shall mean the App and/or the Company, as the context so requires.
      4. The term ‘Services’ shall mean the business of providing a portal for Users (who could be patients or common people) to access and find the most reliable alternative health professionals, healthcare service providers, therapists, clinics, pharmacies and health-related information, belonging to AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha, Homeopathy).
      5. The terms ‘Party’and ‘Parties’ shall respectively be used to refer to the User/Health Service Provider and the Companyindividually and collectively, as the context so requires.
    4. 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.
    5. The use of this Website/App by the User/Health Service Provider is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by theCompany, from time to time, at its sole discretion.If You continue to access and use this App,You are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User/Health Service Provider expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.
    6. The User/Health Service Provider unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User/Health Service Provider and theCompany, and that the User/Health Service Provider shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the App, 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/Health Service Provider acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User/Health Service Provider, and that the User/Health Service Provider’s act of visiting the any part of the App constitutes the User/Health Service Provider’s full and final acceptance of these Terms and the aforementioned Policy.
    7. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User/Health Service Provider, and the User/Health Service Provider expressly agrees that any such amendments or modifications shall come into effect immediately. The User/Health Service Provider has a duty to periodically check the terms and stay updated on its requirements. If the User/Health Service Provider continues to use the App following such a change, the User/Health Service Provider will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User/Health Service Provider complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the App and the Services.If the User/Health Service Provider does not adhere to the changes, Youmust stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
  2. REGISTRATION
  3. Unregistered users shall be able to visit the Website to fully understand the scope of the Services. However, to fully avail the Services of the App and use of it, a one-time registration is required to create a profile, for both the User and Health Service Provider. You may access the Services by signing in as User by providing the following information which shall include but not be limited to Name, Age, Gender, Vitals, Mobile Number, Email ID,Street Address.The App may request other optional information, but the same shall be clearly indicated to be optional in nature.

    For Health Service Providers, the same may register as a doctor, hospital, clinic, therapist or pharmacy, for which the following information is required, which shall include but not be limited to Name, Address, Phone Number, Age, Gender, Certification details, Experience, Aadhar/PAN, CIN, GSTIN, Bank Details, Specialties, Services and Offerings and Availability as required by the Website, as well as any other information as may be necessary for the App to verify that genuine services are being provided by qualified professionals.The App only lists evidence-based and /or accredited registered and verified medical services and service providers, events, products, and courses.This information is used to provide Users with important services via e-mail, and for Users and Health Service Providers, information that may be customised to their demographic, interests, professional lives, business requirements and desired experience.

    Registration for this App is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the App as aUser, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the App or availing any of its Services.

    Further, at any time during Your use of this App, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your User/Health Service Provider username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

  4. SERVICE OVERVIEW
  5. The Appis a portal where Users can find the most reliable Health Service Providers, and acts as a bridge between patients and health care providers in the alternative healthcare space. The App is a cloud-based platform which assists Users in finding the most trusted leading health professionals and service providers and allows them to carry out video consultations with their desired Health Service Providers from any location within India. Pursuant to the video consultation, the User shall be able to opt to receive delivery of medicines, as may be necessary, at their homes, at affordable prices.

    The App also enables registration of Health Service Providers through the provision of basic information, as outlined hereinabove, and enables them to get in touch and consult with Users through the ease of the platform. The Website shall act as an information source and guide for Users to understand the functionality of the App.

    User services include the following, as may be amended from time to time:

    1. Search for specialised Health Service Providers, as per requirement, based on geographical location
    2. Consult with the said Health Service Providers over video, audio and messaging media
    3. Provision for obtaining second opinions and advice on any medical conditions
    4. Communication of medical reports and records
    5. Availing of online prescriptions that may be downloaded and used to order medication, as may be required from Health Service Providers in the ‘Pharmacy’ category
    6. Enabling delivery of medication to a preferred address or opt for pickup of medication from a preferred location
    7. Scheduling appointments with Health Service Providers
    8. Engaging in payment for health services and seeking refund through the platform

    Health Service Provider services include the following, as may be amended from time to time:

    1. Offering consultation with Users through video, audio and messaging media
    2. Maintaining online and offline appointments with patients coordinated through the App
    3. Maintaining patient histories and records of consultations
    4. Managing prescribed medications and generation of bills for services
    5. Obtaining statistical and earning reports for better planning and performance reviews
    6. Follow-up calls with previous records
    7. Liaising with patients through app-based notifications
    8. Receiving feedback and managing profiles
    9. Promoting their services by publishing paid advertisements as well as healthcare information and articles.
  6. ELIGIBILITY
  7. The User/Health Service Provider represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User/Health Service Provider may not use the App if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

  8. CONTENT
  9. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by third parties (being the Users and Health Service Providers) and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such Content.All the Content displayed on the App is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.

    The Health Service Provider is solely responsible for the integrity, authenticity, quality and genuineness of the contentprovided by the Health Service Provideron the App, and whilst feedbackand comments by Usersshall be made via the App, the Appbears no liability whatsoever for any feedback or comments made by the Users or Health Service Providers made in respect of any of the contenton the App. Further, the App reserves its right to suspend the account of any Health Service Provider for an indefinite period to be decided at the discretion of the App, or to terminate the account of any Health Service Providerwho is found to have created or shared or submittedany Content or part thereof that is found to be untrue/inaccurate/misleading. The Health Service Provider shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

    The Users and Health Service Providers have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the App. Users and Health Service Providersshall not copy, adapt, and modify any content without written permission of the Company.

  10. TERM
  11. 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 the User/Health Service Provider continues to access and use the App.

    AUser/Health Service Provider may terminate their use of the App at any time. The Company may terminate these Terms and close aUser/Health Service Provider’s account at any time without notice and/or suspend or terminate aUser/Health Service Provider’s access to the App at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate. 

    It is also hereby declared that the Company may discontinue the App without any prior notice.

  12. TERMINATION
  13. The Company reserves the right, in its sole discretion, to unilaterally terminate the User/Health Service Provider’s access to the Services, or any portion thereof, at any time, without notice or cause. The App also reserves the universal right to deny access to particular User/Health Service Providers, to any/all of its Services without any prior notice/explanation in order to protect the interests of the App and/or other visitors to the App. The App reserves the right to limit, deny or create different access to the App and its features with respect to different User/Health Service Provider(s), or to change any of the features or introduce new features without prior notice. The User/Health Service Provider shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User/Health Service Provider shall not have the right to terminate these Terms till the expiry of the same.

  14. COMMUNICATION
  15. By using this App, and providing his/her identity and contact information to the Company through the App, the User/Health Service Provider hereby agrees and consents to receiving calls, auto-dialled 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 Privacy Policy. In the event that the User/Health Service Provider wishes to stop receiving any such marketing, special offers or promotional calls/email messages/text messages, the User/Health Service Provider may unsubscribe via email at [insert email address] or SMS at [insert number]. The User/Health Service Provider agrees and acknowledges that it may take up to fifteen (15) business days for the Company to give effect to such a request by the User/Health Service Provider.  

    The User/Health Service Provider expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User/Health Service Provider on the App or anything pursuant thereto and the User/Health Service Provider agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User/Health Service Provider with the Company shall be governed by the Privacy Policy.

  16. CHARGES
  17. Registration Charges

    Registration on this App is free for Users and Business Users and this includesaccessing the Appand the use of the services. However, we reserve the right to amend the charges for the services rendered. In case that happens, User/Health Service Providers will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on theApp.

    Payment Methods

    Upon availing of the Services, the Usersagree and acknowledge that prices for different products and medical services listed on the App shall be in accordance with those displayed on the App and shall be subject to change at any time. Further, Users shall be offered one or more of the following modes of payment for purchase of products:

    1. Through credit/debit cards
    2. Through internet banking

    The Users/Health Service Providers acknowledge that a minimum of one of the above payment methods shall be offeredfor every available service or medical product on the App. The Users are solely responsible for the genuineness of credentials and payment information provided on the App and the App shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.

    Further, the App does not bear any liability for any activities, breaches, discrepancies or technical problems experienced by the Users whilst using any third-party payment gateway to make payments. The relationship between the Users and third-party payment gateway shall be governed by the Terms of Use and Privacy Policy of the said payment gateway, and the App shall not be associated with any dispute arising therefrom.The App reserves its right to deny delivery in the event of any delay or discrepancy in payment or credentials upon reaching the delivery address.

  18. USER/HEALTH SERVICE PROVIDER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
  19. The User/Health Service Provider agrees and acknowledges that they are a restricted User/Health Service Provider of this App, and that they:

    1. Agree to provide genuine credentials during the process of registration on the App. You shall not use a fictitious identity to register.We are not liable if the User/Health Service Provider has provided incorrect information.
    2. Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User/Health Service Provider can update theirdetailsanytime.
    3. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
    4. Understand and acknowledge that the data submitted is manually entered in to the database of the App and all data in the App should be backed by hard copies or appropriate evidence for the purpose of verifying the validity of the data. The User/Health Service Provider also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User/Health Service Provider, and to streamline the services and patient-healthcare provider relationship through the App.
    5. Authorize the App to use, store or otherwise process certain personal information and all published Content and User/Health Service Provider comments and reviews and ratingsfor marketing and promotional purposes, and for optimisation of User-related options and services..
    6. Understand and agree that, to the fullest extent permissible by law, the App/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the App or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
    7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the App. Any such use/limited use of the App will only be allowed with the prior express written permission of theCompany.
    8. Agree not to access (or attempt to access) the App and/or the materials or services by any means other than through the interface provided by the App. 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 App or its content, or in any way reproduce or circumvent the navigational structure or presentation of the App, 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 App will lead to suspension or termination of the User/Health Service Provider’s access to the App. The User/Health Service Provider acknowledges and agrees that by accessing or using the App or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the App.
    9. Expressly agree and acknowledge that the Content displayed on the App is not owned by the Company, and that the same are the exclusive property of Health Service Providers, who have chosen to showcase their products and services through the Company’s App, and that the Company is in no way responsible for the content of the same. The User/Health Service Provider may however report any offensive or objectionable content, which the Company may then remove from the App, at its sole discretion.
    10. The App permits the User/Health Service Provider to post, or upload data/information as User/Health Service Providercomments, feedback or reviews, and the User/Health Service Provider undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User/Health Service Provider expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the App immediately and without notice, and further that the User/Health Service Provider’s access to the App may also be permanently revoked, at the sole discretion of the Company.

    The User/Health Service Provider further undertakes not to:

    1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
    2. Engage in any activity that interferes with or disrupts access to the App or the Services provided therein (or the servers and networks which are connected to the App);
    3. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
    4. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever 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;
    5. Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;
    6. Post or share any image/file/data with any third-parties or other Users/Health Service Providers that contains confidential information from any other User or Health Service Provider without the express prior knowledge and consent of the respective User/Health Service Provider;
    7. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App;
    8. Download any file belonging to another User/Health Service Provider of the App that the User/Health Service Provider is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
    9. Probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. The User/Health Service Provider may not reverse look-up, trace or seek to trace any information relating to any other User/Health Service Provider of, or visitor to, the App, or any other viewer of the App, including any User/Health Service Provider account maintained on the App not operated/managed by the User/Health Service Provider, or exploit the App or information made available or offered by or through the App, in any manner;
    10. Disrupt or interfere with the security of, or otherwise cause harm to, the App, systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked platforms;
    11. Collect or store data about other User/Health Service Providers of the App without their express consent;
    12. Use the App 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 App or any other third party (ies);
    13. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the App;
    14. Violate any applicable laws, rules or regulations currently in force within or outside India;
    15. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the App contained herein or elsewhere, whether made by amendment, modification, or otherwise;
    16. Threaten the unity, integrity, defense, 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.
    17. Publish, post, or disseminate information that is false, inaccurate or misleading;
    18. 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.
    19. Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/App;
    20. Engage in advertising to, or solicitation of, other User/Health Service Providers of the App to buy or sell any products or services not currently displayed on the App. The User/Health Service Provider may not transmit any chain letters or unsolicited commercial or junk email/messages to other User/Health Service Providers via the App. It shall be a violation of these Terms to use any information obtained from the App to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another User/Health Service Provider of the App without the express prior written consent of the Company.

    The User/Health Service Provider hereby expressly authorizes the Company/App to disclose any and all information relating to the User/Health Service Provider in the possession of the Company/App 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/Health Service Provider further understands that the Company/App might be directed to disclose any information (including the identity of persons providing information or materials on the App) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

  20. SUSPENSION OF USER/HEALTH SERVICE PROVIDER ACCESS AND ACTIVITY
  21. Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User/Health Service Provider’s access and/or activity by immediately removing the User/Health Service Provider’s access credentials either temporarily or indefinitely, or suspend/terminate the User/Health Service Provider’s association with the App, and/or refuse to usage of the App to the User/Health Service Provider, without being required to provide the User/Health Service Provider with notice or cause:

    1. If the User/Health Service Provider is in breach any of these Terms or the Policy;
    2. If the User/Health Service Provider has provided wrong, inaccurate, incomplete or incorrect information;
    3. If the User/Health Service Provider’s actions may cause any harm, damage or loss to the other User/Health Service Providers or to the Company, at the sole discretion of theCompany.
  22. INDEMNITY
  23. You (the Health Service Provider/User) agree to indemnify, defend and hold harmless the Company/App, its independent service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

    1. Your use of the App,
    2. Any Discussions or Messages you provide;
    3. Your violation of these Terms and Conditions;
    4. Your violation of any rights of another;
    5. Your alleged improper conduct pursuant to these Services;
    6. Your conduct in connection with the App;
    7. Your internal disputes amongst other Users/Health Service Providers

    You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.

    In no event shall the Company/App be liable to compensate the User/Health Service Provider 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/ App 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/Health Service Provider’s use of or access to the App and/or the services or materials contained therein.

  24. LIMITATION OF LIABILITY
    1. The Founders/ Promoters/ Associated people of the App are not responsible for any consequences arising out of the following events:
      1. If the App is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
      2. if the User/Health Service Provider has fed incorrect information or data or for any deletion of data;
      3. if there is undue delay or inability to communicate through email;
      4. if there is any deficiency or defect in the products/services managed by the Health Service Providers or third-parties;
      5. If there is a failure in the functioning of any other service provided by the App.
    2. The App accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User/Health Service Provider, the User/Health Service Provider’s belongings, or to any third party, resulting from the use or misuse of the App or any service availed of by the User/Health Service Providerthrough the App. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Appwill not be liable to you for the unavailability or failure of the App.
    3. User/Health Service Providers may be held legally responsible for damages suffered by other User/Health Service Providers, the App or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the App.
    4. User/Health Service Providers are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
    5. The Appexpressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Appand which is incurred by you in connection with the App, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms. 
    6. To the fullest extent permitted by law, the Appshall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the App.
  25. DISCLAIMER
  26. The information published on the App in respect of consultation and health-related articles are for general information and reference purposes only, and are not intended to be of a diagnostic nature under any circumstances. The facilities for online consultation are solely intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation or dedicated tests or physical examinations by licensed AYUSH physicians. Further, if in the opinion of any of the Health Service Provider in respect of any User, there is any reflection of the opinion that a physical examination of the User would be required and an ‘in-person consultation’ is advised by the Health Service Provider, it is the sole responsibility of the User or a legally authorised person on behalf of the User to take proactive steps in this regard, and to book an appointment for the same, whether it be with a Health Service Provider registered on the App or any external health service provider, at the discretion of the User. The steps taken in booking and attending a consultation, as well as taking any and all follow up action pursuant to advice or a consultation with any of the Health Service Providers is the sole responsibility of the User (or legally authorised person on behalf of the User), and in case of any negligence on the part of the User in acting on the same shall not be construed as imposing any liability, direct or indirect, on the Health Service Provider or the Company/App.

    The Company/App is simply a portal to connect Users with Health Service Providers, and is not an independent medical service provider, nor is it involved in providing any independent healthcare services, medical advice or diagnoses of any sorts. Any and all advice provided to Users regarding types of Services and consultation guidance shall be for general information purposes only, and the final decision regarding which Health Service Providers/Services to avail of from the App shall be at the sole discretion of the User. The Companyshall disclaim all responsibility and owns no liability to either Users or Health Service Providers for any outcome (incidental, direct, indirect or otherwise) from the consultation between the User and the Health Service Provider.

  27. INTELLECTUAL PROPERTY RIGHTS
  28. Unless expressly agreed to in writing, nothing contained herein shall give the User/Health Service Provider a right to use any of the App’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports 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 App and other distinctive brand features of the App are the property of theCompany or the respective copyright or trade mark owner. Furthermore, with respect to the App created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the App.

    The User/Health Service Provider may not use any of the intellectual property displayed on the App in any manner that is likely to cause confusion among existing or prospective User/Health Service Providers of the App, or that in any manner disparages or discredits the Company/App, to be determined in the sole discretion of theCompany.

    The User/Health Service Provider is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to theCompany, or to any otherUser/Health Service Provider. The User/Health Service Provider is aware that the Company merely provides anApp through which the Users can communicate, and Health Service Providers can promote their products and services, and the Company/the App does not own any of the intellectual property relating to the independent content displayed on the App, apart from originally created graphics and specified content.

    The User/Health Service Provider is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User/Health Service Provider will result in legal action being initiated against the User/Health Service Provider 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.

  29. DISCLAIMER OF WARRANTIES AND LIABILITIES
    1. The User/Health Service Provider agrees and undertakes that they are accessing the App and transacting at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the App, or accessing/using any information displayed thereon.
    2. The User/Health Service Provider agrees that any kind of information, resources, activities, recommendations obtained/availed from App, written or oral, will not create any warranty and the App disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other User/Health Service Providers on the App and the App doesn’t make any warranty about the conduct of User/Health Service Providers on the App.
    3. The Company/App does not guarantee that the functions, products and services contained in the App will be uninterrupted or error-free, or that the App or its server will be free of viruses or other harmful components, and the User/Health Service Provider hereby expressly accepts any and all associated risks involved with the User/Health Service Provider’s use of the App.
    4. The App is and shall avail services from third parties to serve You better and these services will be provided on “as is” basis and the App disclaims any liabilities resulting from these third party services. The App will not be responsible for any internet delays and damages caused by such problems.
    5. 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.
  30. FORCE MAJEURE
  31. Neither the Company nor the App shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

  32. DISPUTE RESOLUTION AND JURISDICTION
  33. It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there 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.

    1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all 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 any other Party, the dispute will be resolved by arbitration, as detailed herein below;
    2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by theCompany, and the award passed by such sole arbitrator will be valid and binding on all 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 arbitration shall be conducted in English, and the seat of Arbitration shall be the city ofBengaluru.
    3. 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.
  34. NOTICES
  35. Any and all communication relating to any dispute or grievance experienced by the User/Health Service Provider may be communicated to the Company by the User/Health Service Providerby calling customer support at [.]

     

  36. MISCELLANEOUS PROVISIONS
    1. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User/Health Service Provider 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.
    2. 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.
    3. 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.
    4. Contact Us: If you have any questions about this Agreement, the practices of the App, or your experience with the Service, you can contact us at [.].