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 any physical or digital signatures.
c) The Mobile & Web Application Neo Junior ("Application") and is owned and operated by Jubics Online Solutions Private Limited, a Private Limited Company registered under the The Companies Act, 2013, and having its registered office at Mumbai 400053, 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' 'Your'&'User' shall mean any legal person or entity accessing or using the services provided on this Application, 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 Application and/or the Company, as the context so requires.
iii) The term "Healthcare Professional" shall mean and refer to any healthcare practitioners and Doctors with the necessary and required qualification to treat patients and who are registered on the Application.
iv)The term "Learning & Development Service Providers" shall mean and refer to any School, Pre-School, Private Coaching Institution, Extracurricular Activities Academy who are registered on the Application.
v) The term "Services" shall mean and refer to the platform and its related services offered on the Application.
vi)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 Application, 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 Application 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 Application 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 Application.
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 Application 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 Application; 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 services offered on the Application and the Mobile App, 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.
To fully avail the services of the Application and use it, registration is required. In order to use the services of this Application, You are required to register Yourself by providing the following information which inter alia includes Name, User Name, Password, Email ID, Mobile Number, Business Card, Etc., Registration of this Application is available only to those above the age of 13 years. barring those "Incompetent to Contract" which inter alia include insolvents. If You are a minor and wish to use the Application, You may do so through Your legal guardian and ¬¬-Jubics Online Solutions Private Limited reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its services. Learning & Development Service Providers can register with the platform by provide cell phone number, email address as professional background (e.g. education/training), experience, awards, publications license information. We may be leveraging external sources also to collect this information and populate the details of the Health Care Professionals&Learning & Development Service Providers. The Healthcare professionals&Learning & Development Service Providers shall be solely responsible for their license numbers and other information produced during Registration. Health Care Professionals&Learning & Development Service Providers will be allowed to communicate and collaborate with a smaller subset.
Further, at any time during Your use of this Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your 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.
By using this Application, and providing his/her contact information to the Company through the Application, 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 click on the 'UnSubscribe' Link at the bottom of the mail . 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 Application 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.
The use of this Application by the User, including browsing the Application is free of cost excluding few modules of the Application, which is clearly mentioned on the website, application and would have been communicated on mail. The Company reserves the right to amend this no-fee policy and charge the User for the use of the Application. In such an event, the User will be intimated of the same when he/she attempts to access the Application, and the User shall have the option of declining to avail of the services offered on the Application. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
To process financial transactions, We may use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
The following payment options are available on the Application:
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) Cheque payment.
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 Jubics Online Solutions Private Limited. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.
Transactions on the Application are secure and protected. Any information entered by the User when transacting on the Application 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 / Application 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.
The User agrees and acknowledges that he/she is a restricted user of this Application, 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 Application. Any such use / limited use of the Application 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 Application is expressly prohibited.
b) agrees not to access (or attempt to access) the Application and/or the materials or services by any means other than through the interface provided by the Application. 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 Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, 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 Application will lead to suspension or termination of the User's access to the Application, as detailed in Section 11 hereinbelow. The User acknowledges and agrees that by accessing or using the Application 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 Application. The User expressly agrees and acknowledges that the Services and Content displayed on the Application may not be owned by the Company/Application, and that the same are the exclusive property of certain third parties who have chosen to market their services through the Company's Application, and that the Company/Application 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 Application, at its sole discretion.
c) In places where Application 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 Application immediately and without notice, and further that the User's access to the Application may also be permanently revoked, at the sole discretion of the Company.
d) 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 Application or the services provided therein (or the servers and networks which are connected to the Application);
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 Application;
vii. Download any file posted/uploaded by another user of the Application 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 Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Application, or any other customer of the Application, including any user account maintained on the Application not operated/managed by the User, or exploit the Application or information made available or offered by or through the Application, in any manner;
ix.Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Applications/ Mobile Apps or any affiliated or linked Applications/ Mobile Apps; x. Collect or store data about other users of the Application.
x. Collect or store data about other users of the Application.
xi. Use the Application 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 Application or any other third party(ies);
xii.Violate any code of conduct or guideline which may be applicable for or to any particular or service offered on the Application;
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 Application 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/Application;
xix. Engage in advertising to, or solicitation of, other users of the Application to buy or sell any products or services not currently displayed on the Application. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Application or through any other internet based platform infringing the reputation of the company or its services. It shall be a violation of these Terms to use any information obtained from the Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Application without the expresss prior written consent of the Company.
e) The User expressly understands and agrees the following.
i. In order to use the general services offered through the Application, You need not be a Registered User. However, certain parts or sections of the Application demand you to register. If registration is required, You agree to provide us with accurate and complete registration information.
ii. It is the sole responsibility of the user to inform Company of any changes to that information.
iii. Each registration is for a single individual only, unless specifically designated otherwise on the registration page.
iv. You are responsible for maintaining the confidentiality of your account credentials.
v. You shall be responsible for all uses of your account, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.
vi. When a user registers on the Application, You will be asked to provide us with certain information including, without limitation, Your name, username, contact number, date of birth, gender, and a valid email address.
The User hereby expressly authorizes the Company/Application to disclose any and all information relating to the User in the possession of the Company/Application 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/Application might be directed to disclose any information (including the identity of persons providing information or materials on the Application) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
a. The User expressly agrees and acknowledges that the Company/Application has no obligation to monitor the materials posted on the Application, 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 Application by him/her. In no event shall the Company/Application 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 Application.
b. 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 libelous, 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 Application.
d. The User agrees that:
i. Any content on this Application and particularly any such content is solely for general informational purposes and is not intended as, shall not be construed to be, and is no substitute for the advise provided by a qualified and practicing expert medical professional.
ii. The User agrees that the Company may use and disclose his/her personal information for such purposes, including (without limitation) making inquiry of third parties concerning his/her identity and professional and practice credentials. The User authorizes such third parties to disclose to the Company such information as may be requested for such purposes, and the User agrees to hold them and the Company harmless from any claim or liability arising from the request for or disclosure of such information. The User agrees that the Company may terminate the User's access to or use of the Platform and Services at any time if we the Company is unable at any time to determine or verify the User's qualifications or credentials.
iii. The User will implement and maintain appropriate administrative, physical and technical safeguards to protect information within the Platform from access, use or alteration and will always use the user ID assigned to him/her or a member of the User's workforce. The User is required to maintain appropriate security with regard to all personnel, systems, and administrative processes used by him/her or members of his/her workforce to transmit, store and process electronic health information through the use of the Platform. The User will immediately notify the Company of any breach or suspected breach of the security of the Platform, or any unauthorized use or disclosure of information within or obtained from the Platform, and will take such action to mitigate the breach or suspected breach as the Company may direct, and will cooperate with the Company in investigating and mitigating such breach.
iv. The User represents and warrants that he/she will, at all times during the use of the Platform and thereafter, comply with all laws directly or indirectly applicable that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the patient information, and use best efforts to cause all persons or entities under his/her direction or control to comply with such laws, including but not limited to the Information Technology Act, 2000 and the rules made thereunder. The User is at all times during the use of the Platform and thereafter, solely responsible for obtaining and maintaining all patient consents, and all other legally necessary consents or permissions required to disclose, process, retrieve, transmit, and view the patient information. The Company does not assume any responsibility for the User's use or misuse of patient information or other information transmitted, monitored, stored or received while using The Application. The Company reserves the right to amend or delete any material (along with the right to revoke any membership or restrict access) that in its sole discretion violates the above.
v. The HealthCare Professionals &Learning & Development Service Providerswill be solely responsible for the professional and technical services he/she/they provide. The Company makes no representations concerning the completeness, accuracy or utility of any information in the Platform, or concerning the qualifications or competence of individuals who placed it there. The Company has no liability for the consequences to the end users of services which are being provided by HealthCare Professionals &Learning & Development Service Providers.
vi. TThe HealthCare Professionals &Learning & Development Service Providerswill cooperate with the Company in the administration of the Platform, including providing reasonable assistance in evaluating the system and collecting and reporting data requested by the Company for the purposes of administering the Platform. The Company may provide the HealthCare Professionals &Learning& Development Service Provider's reference to other potential users of the Platform as a referral to the Services. In case the User would not like to be contacted by potential Users, the User can send the Company an email at[email@example.com] The Company shall cease providing the User's reference to potential users within 48 (forty eight) hours of receipt of such written request.
vii. The User agrees and understands that the Company offers a discussion or informational section published on the Website and consisting of discrete entries ("posts") typically displayed in reverse chronological order. The Users participate and share their views on the Forum section on the Website which obsessively covers the health care, education, child's learning & development, child care and medical industry with the latest news, reviews, videos etc.
viii. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Application (including information provided in direct response to your questions or postings) may be provided by individuals in their respective professions locating appropriate medical/child care from a qualified professionals. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Application. We do not in any way endorse any individual described herein. 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.
a) Between Company and Patient/User: - Company shall send notifications to Patient/Users through email, SMS or mobile app notification feature to inform about current promotional offers and discounts.
b) Between Company and HealthCare Professionals &Learning & Development Service Providers– Company shall contact the HealthCare Professionals &Learning & Development Service Providersfor any related queries through Phone or email and App notifications.
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 Application, without being required to provide the User with notice or cause:
a) If the User is in breach of 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 Application/Company, at the sole discretion of the Company.
The User, HealthCare Professionals &Learning & Development Service Providers hereby expressly agrees to defend, indemnify and hold harmless the Application and the Company, its parent, subsidiaries, affiliates, employees, directors, 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, HealthCare Professionals &Learning& Development Service Provider'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, incorrect data on the application,loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company/Application 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/Application 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 Application 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/Application 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.
Unless expressly agreed to in writing, nothing contained herein shall give the User&HealthCare Professionals &Learning & Development Service Providers a right to use any of the Application's trade names, trademarks, service marks, logos, domain names, information, content, 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 Application and other distinctive brand features of the Application are the property of the Company. Furthermore, with respect to the Application created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Application.
The User may not use any of the intellectual property displayed on the Application in any manner that is likely to cause confusion among existing or prospective users of the Application, or that in any manner disparages or discredits the Company/Application, to be determined in the sole discretion of the Company.
The User is aware that the services sold are creations of their respective owners, and all intellectual property, including but not limited to copyrights, relating to said services resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned owners to the Application/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned products/services are listed for sale to the users of the Application, and the neither the Company nor the Application owns any of the intellectual property relating to the products displayed on the Application.
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.
a) Except as otherwise expressly stated on the Application, all services offered on the Application are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) The Company/ Application Or any of its agent, servant or assigns shall not be liable for any direct or indirect, willful or otherwise, act or omission that can be attributed to the services of Participating Medical Professionals/ HealthCare Professionals &Learning & Development Service Providers, nor will the Application. Or any of its agent, servant or assigns have any liability whatsoever in case any third party claims, demands, suit, actions, or other proceedings are initiated against the Participating Medical Professionals/ Organizations or any of its personnel or any other person engaged by the participating medical professionals in the course of the performance of his services. The Application or any of its employees, agent or assignees shall not be held responsible for any negligence, deficiency of service, damage caused by the respective Participating Medical Professionals/ Organizations the Application is only a platform that contains information about health, Child Care, Child Learning & Development, listing of Participating HealthCare Professionals, Vendors, Service Providers, healthcare and other third parties and listing of cost benefits offers by the Participating Medical Professionals/ Organizations. No corporate entity recommends or endorses the Application platform/portal and/or the offers available on the said platform.
c) The Company/Application cannot be held responsible in a court of law, for any situations of medical negligence arising in a User's practice whether the situation arose as a result of information or knowledge obtained from end users, doctors or healthcare professionals on The Application or not.
d) All HealthCare Professionals,Learning & Development Service Providers, Vendors, Service Providers partners and other third parties shall be responsible for maintaining the confidentiality of their passwords, accuracy of any sensitive content of own/staff/ end users& their family members in their account which is visible while accessing the Application. Accordingly, the HealthCare Professionals &Learning & Development Service Providersagree that they shall be solely responsible for all the activities that occur under their account. The HealthCare Professionals &Learning & Development Service Providers shall immediately upon knowledge of the unauthorized use of the password or their account inform The Application regarding the same.The HealthCare Professionals shall enter the patient information on the Application and doctors shall ensure that the information on the Website/ Application shall be kept safe and secured. The doctor shall take all responsibility for any loss or unauthorized use of the patient information. No Liability: Without prejudice to the aforesaid, at all times and under any circumstances.
e) The Company/Application Or any of its employee, agent or assignee shall not be liable for any loss or damage caused to the registered user by using this Application or any service of the Participating HealthCare Professionals, Learning & Development Service Providersor any Service Provider listed on this Application. Notwithstanding the above, Company/Application, its directors, promoters, employees or any of its agent or assignee shall not assume any responsibility or liability for any inconvenience caused or loss suffered by the registered user on account of any technical problems such as internet connectivity failure or dishonor of the cost benefits offers by and at the premises of the Participating Medical Professionals/ Organizations/Learning & Development Service Providers or other Service Providers
f) The Company/Application makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a HealthCare Professionals &Learning & Development Service Providersor any Service Provider for a particular purpose.
g) The User agrees and undertakes that he/she is accessing the Application 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 Application, or accessing/using any information displayed thereon.
h) The Application 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 Application.
i) The Company/Application does not guarantee that the functions and services contained in the Application will be uninterrupted or error-free, or that the Application 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 Application.
j) 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 Application 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 Application, and that use of such content by the Company/Application does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Application by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Application, 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.
Neither the Company nor the Application 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,terrorism, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising herefrom 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 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 hereinbelow;
b) 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 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 arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai in the state of Maharashtra, 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 Mumbai shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all 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) and the email adress mentioned on the Application
a) EntireAgreement: 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.