Last updated on: 24-04-21
- GOVERNING LAW AND JURISDICTION
1.1 This Agreement is published and shall be construed in accordance with:
1.1.1 The provisions of Indian Contract Act, 1872
1.2 This Agreement will be governed by and construed in accordance with the laws of India. By accessing, viewing, or registering on the Portal or availing the Products/Services provided through the Portal, You consent to the exclusive jurisdiction of the courts of Pathanamthitta, Kerala.
1.3 The Portal is controlled and operated by CareAyu. CareAyu makes no representation that the information/Products/Services available on the Portal are appropriate or available for use in other locations outside India, and access to them from territories where their contents are illegal is prohibited. If You choose to access this Service from other locations, You do so on your own volition and are responsible for compliance with applicable local laws.
- ACCESS, CORRECTION AND CHANGES
2.1 We reserve the right to terminate access or usage rights of Users to the Portal at any time.
- WHO IS A USER
3.1 This Agreement applies to all Users of the Portal and includes:
3.1.1 Registered medical practitioners or health care provider (includes individual professionals and organisations) or similar institution already registered or wishes to be registered on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “You”, “Your” Or “User”)
3.1.2 Registered medical practitioners or health care provider (includes individual professionals and organisations) or similar institution already registered or wishes to be registered on the E-Commerce App, including designated, authorized associates of such practitioners or institutions (“Ayurvedic Doctor(s)”, “You”, “Your” Or “User”)
3.1.3 Patients, his/her representative or caregiver or guardian, availing telemedicine Services through the Website (“Patient(s)”, “You”, “Your” or “User”).
3.1.4 An individual who accesses, and registers on the Portal and /or places a Service request on the Portal (“End User”, “You”, “Your” or “User”)
3.1.5 Any supplier of goods / services (whether an individual, group or an entity, or similar institution) on the Portal (“Partner”, “Seller”, “You”, “Your” or “User”)
3.1.6 Any user or visitor of the Website and/or the App (“You”, “Your” or “User”).
- ARE YOU A MINOR?
- ABOUT THE PORTAL
5.1 You understand that the Portal provides Ayurvedic Telemedicine and E-commerce Services and other related Services.
5.2 We do not screen or censor the users who register on and access the Portal.
5.3 You assume all risks associated with dealing with other users with whom you come in contact through the Portal.
5.4 You agree to use the Portal only for lawful purposes without infringing the rights or restricting the use of this Portal by any third party.
- USER ACCOUNT
6.1 As a User of the Portal You may be asked to register with Us to avail the Products/Services available on the Portal. When You do so you will choose a User identifier which may be your email address or another term as well as a password. You may also provide personal information including, but not limited to, your name and address. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Portal. You must not share such identifying information with any third party. You are responsible for maintaining the safety and security of your identifying information as well as keeping Us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Portal or Portal Services to further fraud or unlawful activity is ground for immediate termination of Your access to the Portal and/or Portal Services. CareAyu reserve the right to refuse service, terminate accounts or remove or edit content in its sole discretion.
6.2 You understand and agree that You are responsible for maintaining confidentiality of Your account access information, password, and restricting unauthorized access to your computer. You hereby accept responsibility for all usage of your account and password, with or without your authorization. If you know or have reason to believe that the security of your account has been breached, you shall immediately in writing notify our Grievance officer at the address provided below. In the event of breach or suspected breach of your account, you agree to extend your complete cooperation to us for timely resolution of such breach. CareAyu will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for the losses incurred by CareAyu or such other parties, as the case may be, due to any unauthorized use of your account.
The Portal provides the below mentioned services among others (hereinafter referred to as “Portal Services”):
a. Telehealth services (defined in detail below) through the Website, hereinafter referred to as ‘Website Services’.
b. E-commerce services (defined in detail below) through the AYURCHAIN App, hereinafter referred to as ‘Ayurchain Services’.
- WEBSITE TERMS AND CONDITIONS
8.1 Website Services shall include
Ayurvedic Telemedicine services (via Live Text Chat, Video call, call, e-mail, etc), Expert opinion from Registered Medical Practitioners, Dietary Advices, appointments with Registered Medical Practitioners listed on the Website for physical or in-person consultation and other Ayurvedic treatments and services;
Booking of Consultation and/or Providing appointment for Telemedicine Services and other such services;
Account/profile creation, profile management and other such services;
Generation and/or procurement and/or storage and/or sharing and/or transfer of any information/data/document relating to your access/usage of the Website and/or utilization of any/all of the Services/Products available on the Website.
Communication of any information/data/document relating to your access/usage of the Website and/or utilization of any/all of the Services/Products available on the Website, to You or CareAyu (including its affiliates, Partners and third party service providers);
Providing communication/ assistance in relation to matters such as queries, account creation, booking consultation, payment, prescription, follow-up consultation and such other matters;
8.2.1 You understand and agree that the Website Services are not to be used to treat a medical emergency. In case of a medical emergency, you shall immediately contact the nearest hospital or the emergency number in your area/state/country.
8.2.2 In case alternative care is not present, our Registered Medical Practitioners may, if they think fit, provide tele-consultation to their best judgement. However, it shall be limited to first aid, life-saving measure, counselling or advice on referral. Telemedicine services should however be avoided for emergency care when alternative in-person care is available.
8.2.3 You understand and agree that while using Website Services, the Practitioners on Consult will not be conducting a physical examination of the patient, and You acknowledge and agree that the you are aware of this limitation and agrees to assume the complete risk of this limitation.
8.2.4 The User understands and agrees that Telemedicine shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of from where the User is procuring Telemedicine services or engaging in communication with the Practitioner.
8.2.5 You understand and accept that the Website and the Website Services are provided on an as is basis;
8.2.6 The Website Services may change from time to time, at the sole discretion of CareAyu, and the Agreement will apply to your visit to and your use of the Website to avail the Website Services, as well as to all information provided by you on the Website at any given point in time.
8.2.7 CareAyu collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. CareAyu takes reasonable efforts to ensure that such information is updated at frequent intervals. Although CareAyu screens and vets the information and photos submitted by the Practitioners, CareAyu cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
8.2.8 The User understands that all medical practitioners listed on the Website are registered with their respective State Medical Council. Our Practitioners providing You telemedicine shall uphold the same professional and ethical norms and standards as applicable to traditional in-person care, within the intrinsic limitations of telemedicine. Practitioners shall exercise proper discretion and not compromise on the quality of care.
8.2.9 The professional judgment of our Practitioners shall be the guiding principle for all telemedicine consultations We offer you. You understand and agree that our Practitioners, using his/her best judgment are at liberty to decide the best technology to use to diagnose and treat the User.
8.2.10 You are solely responsible for the accuracy of all the information/content you share with us during consultation. You agree that you are solely responsible for all the information/content that you share with us during consultation and that such information/content is not confidential or proprietary in nature and does not infringe any rights of a third party in whatsoever nature. CareAyu shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to CareAyu or to any other person acting on behalf of CareAyu.
8.2.11 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or CareAyu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CareAyu has the right to discontinue the Website Services to the User at its sole discretion at any time.
8.2.12 You shall be solely responsible for No-shows. No refunds shall be given in case of No-shows or if the User is not satisfied with the consultation.
8.2.13 You understand and agree that the Website Services are internet based and hence delays may occur at any time due to reasons beyond our control. You further agree that CareAyu or its staff shall not be held liable for any delay/interruption in/during the scheduled appointment, for reasons beyond the control of CareAyu. In the event that the medical practitioner fails to complete the session due to such delay or interruption, CareAyu shall reschedule the session to the next convenient date.
8.2.14 It is the user’s responsibility to contact the support desk if the User failed to receive any Email/SMS regarding the consultation or scheduled appointment. This may occur due to any server or host issues.
8.2.15 Rescheduling will be determined by CareAyu in its sole discretion and is not guaranteed unless expressly stated otherwise anywhere in this agreement.
8.2.16 You agree to absolve CareAyu, its affiliates, Partners and medical practitioners listed on the Website from any responsibility or liability, whatsoever, for any medical, legal or financial events or outcomes related to any/all Website services availed by you through the Website.
8.2.17 The Website charges an appropriate fee for some of the Website services. The fees indicated on the Website for such Website Services will be as determined by CareAyu and is excluding other applicable charges. The fees may vary at CareAyu’s sole discretion and CareAyu and Partners do not guarantee that the products / services will be available for delivery / performance at all times. Inorder to avail any of the paid Website Services, You agree to pay the requisite fees in advance.
8.2.18 Subject to successful payment of fees in advance, you shall be allowed to book and avail the paid Website Services. You have to book for consultation in advance inorder to get an appointment.
8.2.19 Post booking of consultation, we shall contact You to confirm and schedule the consultation.
8.2.20 You understand and agree that you are attending the consultation session solely at your own risk and CareAyu, its affiliates, business partners, directors and employees do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the Website Services.
- E-COMMERCE APP TERMS AND CONDITIONS
9.1 The E-Commerce App is an online channel of sale that CareAyu utilize to sell Ayurvedic Medicines, Panchakarma Equipments, Surgical Equipments, Books related to Ayurveda and such other products (together, “Product(s)”) listed by CareAyu or other brand names on the E-Commerce App.
9.2 The Users utilize the E-Commerce App to purchase the Products available for sale on the E-Commerce App (“transaction”).
9.3 Ayurchain Services shall include
9.3.1 Advertisement, promotion, display, listing and sale of Ayurvedic Medicines, Panchakarma Equipments, Surgical Equipments, Books related to Ayurveda and such other products listed by CareAyu or other brand names/sellers on the E-Commerce App.
9.3.2 Generation and sharing/transfer of order details, product customisation details,transaction details, order confirmation and such other information to the Users or respective Sellers.
9.3.3 Account/profile creation, profile management and other such services;
9.3.4 Generation and/or procurement and/or storage and/or sharing and/or transfer of any information/data/document relating to your access/usage of the E-Commerce App and/or utilization of any/all of the Services/Products available on the E-Commerce App.
9.3.5 Communication of any information/data/document relating to your access/usage of the E-Commerce App and/or utilization of any/all of the Services/Products available on the E-Commerce App, to You or CareAyu (including its affiliates, Partners and third party service providers);
9.3.6 Providing communication/ assistance in relation to matters such as queries, account creation, order placement, payment, delivery, transit time, product availability, product customization and such other matters;
9.4.1 You are eligible to purchase the Products listed on the E-Commerce App ONLY if you are an Ayurvedic Doctor.
9.4.2 Only a registered Seller, legally able and licensed to sell a particular product must list such product for sale on the E-Commerce App. The Seller must ensure that the listed products do not infringe upon the intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy or other third party rights. Listing may only include text descriptions, graphics and pictures that describe your product for sale. All listed products must be listed under appropriate categories on the E-Commerce App. All listed products must be kept in stock for successful fulfilment of sales. Listing description of the products must not be misleading and should be accurate to the extent possible.
9.4.3 All commercial/contractual terms related to a transaction via the E-Commerce App is offered by and agreed to between the User and the Seller alone.
9.4.4 Placement of order by a User with a Seller on the E-Commerce App is an offer to buy the product(s) in the order by the User to the Seller and it shall not be construed as Seller’s acceptance of User’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the User, at its sole discretion and the User shall be intimated of the same by way of an email/SMS. Any transaction payment paid by User in case of such cancellation by Seller, shall be refunded to the User.
9.4.5 CareAyu does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products proposed to be sold or offered to be sold or purchased on the E-Commerce App. CareAyu does not implicitly or explicitly support or endorse the sale or purchase of any products on the E-Commerce App. CareAyu accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
9.4.6 CareAyu is not responsible for any non-performance or breach of any contract entered into between Users and Sellers. CareAyu cannot and does not guarantee that the concerned Users and/or Sellers will perform any transaction concluded on the E-Commerce App. CareAyu shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers.
9.4.7 CareAyu does not make any representation or warranty as to the specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the E-Commerce App and use Your best judgment in that behalf.
9.4.8 CareAyu does not at any point of time during any transaction between User and Seller on the E-Commerce App come into or take possession of any of the products offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to User.
9.4.9 At no time shall CareAyu hold any right, title or interest over the products nor shall CareAyu have any obligations or liabilities in respect of such contract entered into between Users and Sellers. CareAyu is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
9.4.10 The E-Commerce App is only channel of sale that can be utilized by Users to reach a larger base to buy and sell products. CareAyu is only providing a E-Commerce App for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the User.
- USER OBLIGATION
10.1 You agree not to use the Portal or Portal Services for any unlawful purpose or purpose prohibited under this clause. You agree not to use the Portal or Portal Services in any way that could damage the Portal or Portal Services or general business of CareAyu.
10.2 You further agree not to use the Portal or Portal Services to host, display, upload, modify, publish, transmit, store, update or share any information that,—
10.2.1 Belongs to another person and to which the User does not have any right;
10.2.2 Is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
10.2.3 Is harmful to child;
10.2.4 Infringes any patent, trademark, copyright or other proprietary rights;
10.2.5 Violates any law for the time being in force;
10.2.6 Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
10.2.7 Impersonates another person;
10.2.8 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
10.2.9 Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
10.2.10 Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
10.3 You are prohibited from using the Portal or its content:
10.3.1 To solicit others to perform or participate in any unlawful acts;
10.3.2 To collect or track the personal information of others;
10.3.3 To damage, disable, overburden or impair the Portal or any other party’s use of the Portal;
10.3.4 To spam, phish, pharm, pretext, spider, crawl or scrape;
10.3.5 To intervene with or circumvent the security features of the Portal or any related Website, other Websites or the internet;
10.4 Accessing (or attempting to access) any of our Resources/Products/Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources/Products/Services through any automated, unethical or unconventional means.
10.5 Engaging in any activity that disrupts or interferes with our Resources/Products/Services including the servers and/or networks to which our Resources/Products/Services are located or connected, is strictly prohibited.
10.6 Attempting to copy, duplicate, reproduce, sell, trade or resell our Resources/Products/Services is strictly prohibited.
10.7 You are solely responsible for any consequences, losses or damages that we directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
10.8 We reserve the right to terminate your use of the Portal or Portal Services for violating the aforestated clauses. CareAyu has the full authority to review all content uploaded by the User on the Portal. You acknowledge that the Portal is not responsible or liable and does not control the content of any information that may be posted/uploaded to the Portal by you or other users of the Portal and you are solely responsible for the same. You agree that you shall not upload, post or transmit any content that you do not have a right to make available ( such as, the intellectual property of another).
- PAYMENT, FEES, CHARGES AND OFFERS
11.1 The User acknowledges and agrees that should you register for any of the paid Services on the Portal or purchase any Products or Services on the Portal you agree to pay Us this specific monetary amount required for that product or those Services. These monetary amount/fees will be displayed on the Portal or described to you during your account registration and/or purchase confirmation process. The final amount required for payment will be shown to you immediately prior to purchase. Additional taxes or charges may apply.
11.2 We reserve the right to refuse service or refuse to sell the Products on the Website at our sole discretion to anyone for any reason at any time.
11.3 No offer, promotional code or discount shall apply to any product/service unless otherwise expressly stated on the Portal.
11.4 The User understands and agrees that all payments made towards any of the Portal Services shall be made to CareAyu through the Portal. You acknowledge and agree that payment processing and payment information management are carried out by third party vendors and service providers (includes payment gateways) chosen by CareAyu for the service.
11.5 While availing any of the payment method available on the Portal, You agree and confirm that CareAyu will not be held responsible for any loss or damage arising directly or indirectly to the User due to lack of authorisation for any transaction, transaction failure, payment related issue arising out of transaction or such other reasons.
11.6 The User acknowledges and agrees that should you register for any of the paid Services on the Portal or purchase any Products or Services on the Portal you agree to make all the payment compulsorily in Indian Rupees acceptable in the Union of India.
11.7 By proceeding to payment You represents and warrants that you are authorized to make such Payment and is not violating any applicable law by doing so. You agree to use a valid bank card or third-party wallets or other details required for other mode of payment (hereinafter referred to as “Payment details”). CareAyu do not collect or store any Payment Details You provide on the Portal while making any payment. To the extent permitted by applicable law, CareAyu shall not be responsible for any payment made by You using Your payment details via the Portal.
11.8 The payment receipt for any transaction carried out on the Portal shall be provided to you by the respective service provider/third-party vendor, as the case may be. CareAyu shall provide You an invoice confirming the transaction upon successful payment.
- PROPRIETARY RIGHTS
12.1 You agree that the Website, the E-commerce App and all Services, processes and contents provided by CareAyu on the Portal are the property of CareAyu and/or its affiliates and/or other respective third parties, including all copyrights, trademarks, trade secrets, pat0ents and other intellectual property (“CareAyu Content”). You agree that CareAyu/its affiliates/third parties, as the case may be, owns all rights, title, interest in and to the CareAyu Content and that You will not use CareAyu Content for any unlawful or infringing purpose. You agree not to reproduce or distribute CareAyu Content in any way, including electronically or via registration of any new trademarks, trade names, Services marks or Uniform Resource Locators (URLs), without express written permission from the respective owner(s) of such content. All rights not expressly granted herein are reserved to CareAyu.
12.2 If You have reason to believe that the Portal or any of the Portal Services infringe your intellectual property rights, You must promptly inform/notify Us about such infringement by writing to Us with all the relevant information at firstname.lastname@example.org. Only the owner of the intellectual property or his authorized agent shall use this facility to notify Us about any Intellectual Property Infringement. CareAyu reserves the right to prohibit/ban, any User making false claims regarding Intellectual Property Infringement, from accessing the Portal or the Portal Services at any time.
- DISCLAIMER OF WARRANTIES AND LIABILITIES
13.1 You agree that your use of the Portal and Portal Services is at your sole and exclusive risk and that the Portal and Portal Services provided by us are on an “as is” and “as available” basis. CareAyu hereby expressly disclaims any and all express or implied warranties of any kind including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. CareAyu makes no warranty that the Portal and Portal Services will meet your needs and that the Portal and Portal Services will be uninterrupted error-free or secure. CareAyu also makes no warranties as to the reliability, accuracy, currency, completeness or usefulness or of any product, information, views, opinions or advice on the Portal or obtained through the Portal Services. You agree that any damage that may occur to you through your computer system or as a result the loss of your personal data from your use of the Portal and the Portal Services, is your sole responsibility and CareAyu is not liable for any such damage or loss.
13.2 All information, software, products, Services and related graphics are provided on this Portal on an “as is” and “as available” basis without warranty of any kind either expressed or implied. The Portal disclaims all warranties expressed or implied including without limitation all implied warranties of merchantability/fitness for a particular purpose, and non-infringement arising from the course of dealing, usage or trade practice. The company makes no representation about the suitability of the information, software, products and/or Services contained on this Portal for any purpose and the inclusion or offering of any products or Services on this Portal does not constitute any endorsement or recommendation of such products or Services. The Portal makes no guarantee that the use of The Portal will be uninterrupted, timely, secure without defect. All information of third party advertisers is made available without doing any changes and so the Portal cannot guarantee the accuracy and is not liable to any inconsistencies arising thereof. All information, advertisements, sounds, images, text file, video or other material posted or transmitted through third-party links from the Portal are solely the responsibility of the person from whom such content originated and the Portal does not control and is not responsible for content available on the Portal. There may be instances where incorrect information is published inadvertently on our the Portal or the Portal Services, such as typographical errors, inaccuracies or omissions that may be related to product description, pricing, promotion, offers, product shipping charges, transit time, availability or such other details. Any errors, inaccuracies or omissions may be corrected at our discretion at any time and we may change or update information or cancel orders, if any information on the Portal or the Portal Services is inaccurate at any time without prior notice, including after you have submitted your order. We undertake no obligation to update, amend or clarify information on the Portal or the Portal Services including without limitation pricing information.
13.4 You expressly agree and confirm that any claim against us shall be limited to the amount you paid, if any, for use of the Portal or the Portal Services. The Portal will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by You as a result of Using our Resources/Products/Services or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
- LICENSE TO USE THE PORTAL
14.2 You agree not to collect contact information of other Users from the Portal or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
14.3 Any unauthorized use by You shall result in immediate termination of the license granted to you by the Portal and You agree that You shall not bypass any measures used by CareAyu to prevent or restrict access to the Portal.
- SERVICES INTERRUPTIONS
15.1 CareAyu may need to interrupt your access to the Portal to perform maintenance or emergency Services on a scheduled or unscheduled basis.
15.2 You agree that your access to the Portal may be affected by unanticipated or unscheduled downtime for any reason and that CareAyu shall have no liability for any damage or loss caused as a result of such downtime.
16.1 By signing up with us or by purchasing the CareAyu Products and Services, you have agreed to receive e-mail notifications and SMSes that are necessary for CareAyu / business partners to communicate important information (like order summary, order tracking, appointments, consultation notifications of scheduled consultations/ medicine orders, prescriptions, etc), promotional materials and new offers to you.
16.2 CareAyu may also use this information to send periodic feedback to CareAyu affiliates, third party partners or sponsors. To opt-out of receiving future mailings please contact us at email@example.com. Contact information may also be used by CareAyu to contact you, whenever necessary.
- COMMUNICATIONS WITH OUR PORTAL
17.1 You are solely responsible for the accuracy of all the information/content you share with us. You agree that you are solely responsible for all the information/content that you share with us and that such information/content is not confidential or proprietary in nature and does not infringe any rights of a third party in whatsoever nature. CareAyu shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to CareAyu or to any other person acting on behalf of CareAyu.
17.3 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or CareAyu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CareAyu has the right to terminate the User’s access to the Portal and/or discontinue the Portal Services to the User at its sole discretion at any time.
- LINK TO THIRD PARTY WEBSITES/INTERNET RESOURCES
18.1 Our Portal may contain links to other sites/mobile application owned by third parties, affiliates or business partners. We are not responsible for the practices on other sites or mobile applications. When following a link to another site or a mobile application through a link you should read that site’s / mobile application’s terms and conditions and such other policies.
18.2 CareAyu is not liable for any content or activities of such sites/ mobile application or any Products or Services made available by such sites/ mobile application. The User shall use such links at their own risks. Providing such links on the Portal by CareAyu does not in any way imply that CareAyu endorse such linked sites. You agree that CareAyu is not responsible or liable for any loss or damage caused as a result of Your use of any third party services is linked to from our Website.
- AFFILIATE MARKETING AND ADVERTISING
19.1 CareAyu, through the Portal and Portal Services, may engage in affiliate marketing whereby CareAyu receive a commission on a percentage of the sale of goods or Services on or through the Portal. CareAyu may also accept advertising and sponsorship from commercial businesses or receive other forms of advertising compensation.
20.1 You agree to release, defend, indemnify and hold harmless CareAyu and any of its affiliates, business partners, agents, employees, officers, directors, shareholders and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys fees and expenses, of third parties relating to or arising out of this Agreement or the breach of your warranties, representations and obligations under this Agreement; the Portal content or your use of the Portal content; the Portal Services or your use of the Portal Services; any intellectual property or other proprietary right of any person or entity; Your violation of any provisions of this Agreement; or any information or data you supplied to CareAyu.
20.2 When CareAyu is threatened with suit or sued by a third party, CareAyu may seek written assurances from you concerning your promise to indemnify CareAyu; Your failure to provide such assurances will be considered by CareAyu to be a material breach of this Agreement. CareAyu will have the right to participate in any defense by you of a third party claim related to your use of the Portal / Portal Services, with the counsel of CareAyu’s choice at its expense. CareAyu will reasonably corporate in any defense by you of a third party claim at your request and expenses. You will have the sole responsibility to defend CareAyu against any claim, but you must receive CareAyu’s prior written consent regarding any related settlement. The terms of this provision will survive any termination/cancellation of this Agreement or your use of the Portal/Portal Services.
- GENERAL CLAUSE
22.1 Force Majeure: CareAyu will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, pandemic or boycott.
22.2 Cessation of Operation: CareAyu may at any time, in its sole discretion and without advance notice to you, cease operation of the Portal and distribution of the Portal Services.
22.3 Entire Agreement: This Agreement comprises the entire agreement between you and CareAyu and supersedes any prior agreements pertaining to the subject matter contained herein.
- EFFECT OF WAIVER:
23.1 The failure of CareAyu to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
23.2 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
24.1 CareAyu reserves the right to terminate your access to the Portal if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.
24.2 Following termination, you will not be permitted to use the Portal and CareAyu may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products and Services.
24.3 If your access to the Portal is terminated, CareAyu reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Portal. This Agreement will survive indefinitely unless and until CareAyu chooses, in its sole discretion and without advance notice to you, to terminate it.
- DOMESTIC USE
25.1 CareAyu makes no representation that the Website or Products and Services are appropriate or available for use in locations outside India.
25.2 Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
26.1 You may not assign your rights and obligations under this Agreement to anyone. CareAyu may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
- AGREEMENT TO BE BOUND
27.1 BY USING THIS PORTAL OR AVAILING PORTAL SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE.
- GREIVANCE REDRESSAL
28.1 If you have any questions or comments about these our Terms of Service as outlined above, you may contact our Grievance Officer at the address provided below.
28.2 Anyone who needs any kind of support in accessing or availing Services or Products offered through this Portal or needs to share a grievance may contact our Grievance Officer at the address provided below.
28.3 The Grievance Officer shall, within 24 hours of receipt of any complaint, acknowledge the receipt of such complaint and resolve the complaint received within 15 days from the date of receipt of the complaint.
28.4 Grievance Officer Contact : HASHIM EA, email : firstname.lastname@example.org
Mobile and WhatsApp : +91 7012232608.