TERMS AND CONDITIONS OF USE
Last updated: Nov 21, 2020
Introduction:
These Terms of Use together with the applicable policies which are incorporated
herein by way of reference (“these Terms”) govern the access or use of the
website …………………… (“the Website”). The Website is an online service
owned, operated and managed by ……………………… (‘………’ or ‘we’ or ‘us’). The
Website is available for You together with all the content, tools, facilities and
services made available through the Website (collectively “the Service”).
Therefore, please read these Terms very carefully.
By clicking the box indicating acceptance of these Terms, you are indicating that
you have read and understood these Terms and agree that these Terms
constitute a legal and binding agreement between the User (“You”, “User”,
“Patient”, or “Yours”) and ……………………… (“………….”, “We”, “Us” or “Our”).
If You do not understand the Terms or if these Terms or any part of these Terms
is not acceptable to You, please do not access or use the Service or any part
thereof. In these Terms, “You” / “Yours” / “Yourself” denotes the natural person
who accesses/uses the Service or any part thereof.
We reserve the right to update or modify these Terms at any time in our sole
discretion without any prior notice to You. If we update or modify these Terms,
we will post the revised version of these Terms on the Website and such revision
shall become effective immediately on such posting. It is Your responsibility to
review these Terms periodically for updates / modifications. Your continued
access or use of any of the Service after any revision becomes effective shall be
deemed to constitute your acceptance and agreement to be bound by the
revised Terms.
In terms of Information Technology Act, 2000, this document is an electronic
record. Being generated by a computer system it 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 or the application ‘………’.
Ownership and Intellectual Property Rights:
We own all copyright, trademarks, domain names and other intellectual property
rights in or related to the Service and all its various components. Except for Your
personal data and information, all information, content and material contained
on the Website and/or Service is our intellectual property. No information,
content or material from any part of the Service may be copied, reproduced,
republished, uploaded, recorded, posted, transmitted or distributed in any way
(including by using any automated programs, software, or any other method of
screen scraping), except for Your personal and non-commercial use, without Our
express written permission.
General Terms of Use:
1. Eligibility & Registration:
1. The access/use of the Service is meant only for persons who are competent to
contract as per Indian law. If You are not ‘competent to contract’ as per Indian
law (i.e., if You have not attained the age of majority according to the law to
which You are subject, if You are not of sound mind or if You are disqualified from
contracting by any law to which You are subject or any other provision as per
Contract Law), You should not register or access/use the Service or any part
thereof. If the law applicable to You does not allow You to receive the Services in
Your territory, you should not use this service. If You are the parent/legal
guardian/authorised person acting on behalf of a patient, you should disclose the
same to us and by registering with us or accessing / using the Service on behalf
of Your ward, you affirm that You have the full and proper authority to represent
the patient and accept these Terms on his/her behalf.
2. Once You successfully log in to the Website, you have to provide certain
information about Yourself as requested when You attempt to register with Us
and start using the Service. You may be required to authenticate Your identity
using a one-time password (“OTP”) as a confirmation code, which will be
transmitted to Your mobile number provided to us when You seek to register
with Us through the short message service (“SMS”). If You cannot provide the
OTP when required to do so or the authentication through the OTP fails, you may
not be able to register with Us and/or avail of the Service. However, you may still
be able to access and use the Service always subject to these Terms.
3. When You register with Us and/or access or use the Service, you confirm that
You have provided accurate, current and complete information about Yourself
and that You will keep all such information current, complete and accurate at all
times for as long as You use the Service. All the data and information that You
provide or that is collected from Your access/use of the Service shall be treated
and protected in accordance with our Privacy Policy
https://………………………./web-assets/pages/privacy-policy.html which is deemed
a part of these Terms.
4. Your registration with Us and/or Your right to access the Service is personal to
You and You may not transfer this to anyone else. You may not use anyone
else’s account at any time. You will be solely responsible for any and all activities
that occur under Your account with Us and We will not be liable for any loss or
damage that may occur as a result of someone else using the Service through
Your account with Us or obtaining Your personal information by any device or
system, either with or without Your knowledge. If You become aware of any
unauthorized use of Your account with Us, please notify Us by writing to
“m@……………………….” with the title “Unauthorized Use of Account” and We will
initiate action to stop further access under the said account.
5. We reserve the right to terminate Your registration and / or refuse to register
You or to provide You with access to the Service, without notice, if We have
reasonable cause to believe that You are in violation of or are likely to violate
these Terms.
2. Promotional Communications
1. “We may also send you other information about us, the Website, our other
websites, products, sales promotions, our newsletters, SMS updates, anything
relating to other companies in our group or our business partners. If you would
prefer not to receive any of this additional information as detailed in this
paragraph (or any part of it) please click the “unsubscribe” link in any email that
we send to you or register as a Do Not Disturb user. Within 7 working days (days
which are neither (I) a Saturday or Sunday, nor (ii) a public holiday anywhere in
India) of receipt of your instruction we will cease to send you information as
requested. In case of any clarity, you can contact our customer support service”.
3. Grant of License & Reservation of Rights:
1. We grant You a non-exclusive, personal, non-transferable, revocable, right and
licence, subject always to these Terms to access/use the Service solely for Your
personal, non-commercial use.
2. Except for the limited rights and license granted to You by these Terms, all
rights in the Service (including all intellectual property rights therein or
underlying the same, including in the Website and the App) are reserved by Us.
3. You do hereby grant Us a non-exclusive, worldwide, perpetual, irrevocable,
royalty- free, sub-licensable right to exercise the copyright, publicity, and
database rights You have in Your information, in any media now known or not
currently known, with respect to Your information to enable Us to use the
information for the purpose of providing the Services.
4. Nature of Service & Limitations:
1. No doctor-patient relationship between Us and the User.
2. We do not practice medicine and do not provide medical consultation. We
merely provide a technology platform and infrastructure that enables You to
connect with participating medical practitioners listed on the Service (“Medical
Practitioner/Doctor”) and to use the messaging or communication facilities of the
Service that are designed to enable You to communicate with others via
communication tools available on the Website (“Communication Tools”) to
consult with a Medical Practitioner recommended to You and to place orders for
medicine listed by the Pharmacies on Our Website (“Pharmacies/Pharmacy”).
3. Any diet plans or advice or information that may be provided on or through
the Service is for information only, does not constitute a medical opinion or
advice or a diagnosis or treatment and is not a substitute for professional
medical advice, diagnosis or treatment.
4. In order to enrich and improve Your experience We use the Services of
qualified medical consultants who have designed the questionnaires that helps
to indicate the treatment that can be followed. Please note that it is not a
medical advice.
5. We are not responsible for the accuracy of the results of any self – assessment
tests made available as part the Service. These tests are conducted by asking a
set of questions and arriving at a result based on the opinion of the expert(s)
who designed the test. These tests are solely for information purposes to suggest
probable risks to users having a particular health issue and the results of the
tests do not constitute a medical opinion or diagnosis. You should consult a
medical professional before acting on the results of any such tests.
6. Medical practitioners listed on the Service have signed / accepted contracts
with Us and represented to Us that they are duly qualified to practice and sell
medicine in India and are enrolled on the medical register in one of the states in
India. While We make reasonable enquiries to confirm the veracity of this
representation made to Us by the Medical Practitioners, we shall not be
responsible for any misrepresentation or fraud in this regard. We do not
recommend or endorse any Medical Practitioners or make any representations or
warranties with respect to the quality of the medical Services a Medical
Practitioner may provide to You.
7. The Pharmacist listed on the Service have signed / accepted contracts with Us
and represented to Us that they are duly qualified to sell and buy medicine in
India and are enrolled under the Drugs and Cosmetics Act, 1940 and Drugs and
Cosmetic Rules, 1945 as amended from time to time in India. While We make
reasonable enquiries to confirm the veracity of this representation made to Us by
the Pharmacies, we shall not be responsible for any misrepresentation or fraud in
this regard. We do not recommend or endorse any Pharmacies or make any
representations.
8. The use of the Service does not create a doctor/patient relationship between
You and Us nor is for any kind of medical emergencies for life threatening
conditions or for when you need acute care. All medical consultation shall be
provided to You by the concerned Medical Practitioner directly and as such, the
Medical Practitioner You consult with shall be solely responsible for compliance
with all requirements applicable to his or her professional Services provided to
You and liable to You for all medical consultation, medical advice, diagnosis or
treatment recommended or provided to You. We shall not be responsible or
liable for any defect or deficiency in the medical consultation, diagnosis or
treatment recommended to You by any Medical Practitioner.
9. The consultation provided to You by Medical Practitioners through the Website
are not intended to replace Your relationship with Your physician or doctor and
You should continue to consult with Your physician and other health care
professionals as needed / recommended. You should seek emergency help or
follow-up care when recommended by a Medical Practitioner or when You are of
the opinion that such help or care is prudent in Your sole opinion.
5. Limitations of Online Consultation and Informed Consent:
1. When You seek consultation with any Medical Practitioner using the
Communication Tools made available through the Service, You understand the
limitations and potential risk of online consultations, including but not limited to
the inability to carry out a physical examination or other extensive
investigations; delays or failure arising from the disruption of communication
devices or Communication Tools; the insufficient quality of information
transmitted online, lack of access to Your medical records or medical history
amongst others and the inherent risks of breach of privacy associated with
sharing Your sensitive personal information or medical information through the
Communication Tools. You take full responsibility for ensuring that any
information You submit is complete and accurate and understand that the
Medical Practitioner relies solely on information provided by You. We shall not be
responsible for any errors in transmission or for the corruption or compromise of
any information communicated over telecommunication Services. Therefore,
before sharing any information or acting on any information or advice offered to
You by or through the Service, you should confirm that You have understood and
accept the associated limitations and risks and agree that You are not using the
Service as a substitute for consultation with Your physician.
2. The transmission, storage and/or retrieval of data and information and the
provision of the Service through the internet is subject to a variety of factors
beyond our reasonable control, including any interruption or unavailability of
third-party telecommunication services used to host / provide the Service. In no
event will We be liable for any failure or interruption of the Service, including
without limitation those failures or interruptions resulting in part or entirely from
circumstances beyond Our reasonable control. However, we may, but shall not
be obliged to, issue a notice when we know of scheduled maintenance of our
Website.
3. Without prejudice to the above, a Medical Practitioner may, in his or her sole
discretion and professional judgment, determine that the online consultations
through the Service are not appropriate for some or all of Your needs and,
accordingly, may elect not to provide Services to You through the Website.
6. No Sale or Offer to Sell Drugs /Medicines:
1. We do not distribute, sell, stock, exhibit or offer for sale any drugs or
medicinal preparations and merely allow You to use the functionality offered by
the Service to transmit orders for drugs / medicinal preparations to third party
Pharmacies through Us and pay for Your purchases through Us. If You are the
customer of a third-party online Pharmacy that has in turn referred You to one of
our participating Medical Practitioners for a consultation, you hereby consent and
authorise the concerned Medical Practitioner and Us to transmit any
prescription/s that may be issued to You pursuant to Your consultation, to the
said third party online Pharmacy. All offers for sale; orders and the sale of drugs /
medicinal preparations shall be between You and the concerned third-party
Pharmacy and We shall not be a party to the said transaction. Therefore, we shall
not be responsible or liable for any defect or deficiency in the goods or the
service provided to You by a Pharmacy.
2. Pharmacies who We deal with have represented to Us that they are duly
qualified and licensed to sell drugs and medicinal preparations as per applicable
law in India. While We make reasonable enquiries to confirm the veracity of this
representation made to Us by the Pharmacies, we shall not be responsible for
any misrepresentation or fraud in this regard. We do not recommend or endorse
any Pharmacy or make any representations or warranties with respect to the
quality of the drugs or medicinal preparation they may sell to You or their
Services in relation to the sale/purchase transaction. We shall not be held
responsible for any defect in the medicine ordered by You from the third-party
Pharmacies.
3. Medical practitioners may prescribe medications when medically indicated in
their sole professional judgment. In the event that a Medical Practitioner does
prescribe a medication, it will be his/her duty to comply with all applicable laws
and We advise them to prescribe a medication as determined appropriate in
his/her sole discretion and professional judgment. You agree that any
prescriptions that You acquire from a Medical Practitioner by/through the Service
shall be solely for Your personal use. You agree to fully and carefully read and
follow all instructions provided to You by the Medical Practitioner and all product
information and labels and to contact a physician or pharmacist if You have any
questions regarding the prescription.
4. The third-party Pharmacy may require You to produce clear and valid
prescriptions as required by law for the sale of drugs / medicinal preparations to
You.
7. No Diagnostic / Medical / Clinical Tests or Service:
1. We do not provide diagnostic or medical or clinical test Services. You may use
the features available through the Service to book appointments with third party
diagnostic laboratories / centres who deal with Us. The medical / clinical test or
diagnostic Services are provided to You directly by the concerned laboratories or
centres. We make no representations or claims, including as to the accuracy or
quality, of the tests or results obtained by You from diagnostic laboratories /
centres and shall not be responsible or liable for any defect or deficiency in the
Services provided to You by a diagnostic laboratory/ centre.
2. Diagnostic laboratories / centres who We deal with have represented to Us
that they are duly certified / licensed and have the necessary equipment,
qualified personnel, experience and expertise to provide their Services to You in
India. While We make reasonable enquiries to confirm the veracity of this
representation made to Us by the diagnostic laboratories / centres, we shall not
be responsible for any misrepresentation or fraud in this regard.
8. Diets advised and food or food supplements:
1. Any diet plans or advice or information that may be provided on or through
the Service is for information only, does not constitute a medical opinion or
advice or a diagnosis or treatment and is not a substitute for professional
medical advice, diagnosis or treatment.
9. Use of Service:
1. You agree to use the Service (including the Communication Tools) only in
accordance with these Terms and all applicable laws. You may not use the
Service in any manner that could damage, disable, overburden or impair Our
computer systems or interfere with any other party’s use and enjoyment of any
Service. You should not attempt to gain unauthorized access to any Service. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Service.
2. Without prejudice to the above, you agree not to host, display, upload, modify,
publish, transmit, update or share any information that:
3. belongs to another person and to which You do not have any right to;
4. 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;
5. harm minors in any way;
6. infringes any patent, trademark, copyright or other proprietary rights;
7. violates any law for the time being in force;
8. deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
9. impersonates another person;
10. contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer resource;
11. 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 any other nation; and
12. You are solely responsible for all information You transmit or share using the
Communication Tools and We are not obliged to monitor the same. However, we
reserve the right to review any information or materials You share using the
Communication Tools and to remove (without notice to You) any information or
materials that We find, in our sole discretion, violates any applicable law or these
Terms. To this extent, you hereby waive doctor-patient confidentiality and
expressly authorise us to review all information You transmit or share using the
Communication Tools. In the event of non-compliance with the Terms, we may
(without notice to You), immediately terminate Your registration with Us and/or
prevent Your access or use of the Service.
13. You are also prohibited from:
14. violating or attempting to violate the integrity or security of the Website or
its content;
15. transmitting any information on or through the Website that is disruptive or
competitive to the provision of Services by us;
16. intentionally submitting on the Website any incomplete, false or inaccurate
information;
17. making any unsolicited communications to other users of the Website;
18. using any engine, software, tool, agent or other device or mechanism (such
as spiders, robots, avatars or intelligent agents) to navigate or search the
Website;
19. attempting to decipher, decompile, disassemble or reverse engineer any part
of the Website;
20. copying or duplicating in any manner any of the content on the Website or
other information available from the Website;
21. framing or hotlinking or deep linking any content on the Website.
10. Payment For Service:
1. Some parts of the Service are chargeable as may be specified from time to
time. We will tell You about applicable charges for any paid Service and the
payment terms presented to You when You use or order a paid Service are
deemed part of these Terms of Use. As a convenience to You, we reserve the
right to suspend or cancel Your order for the said Service or to not provide You
with the ordered Service. We shall not be responsible for any Service that is not
provided to You if You fail to pay the applicable charges for the same. Charges
paid are non-refundable except in Our sole discretion.
2. We use a third-party payment gateway for processing payments due to Us.
The processing of payments will be subject to the terms, conditions and privacy
policies of the payment gateway, in addition to these Terms. We don’t control
and are not liable for the security or performance of the payment gateway. You
agree to pay Us, through the payment gateway, all charges at the rates then in
effect for any purchase in accordance with the applicable payment terms. We
reserve the right to correct, or to instruct Our payment gateway to correct, any
errors or mistakes, even if payment has already been requested or received.
3. We strive to provide best prices possible on products and Services to users
buying or availing through the Website. However, we do not guarantee that the
price will be the lowest in the city, region or geography. Prices and availability
are subject to change without notice or any consequential liability on………….;
11. Your Data and Information:
1. When You register with Us and/or access the Service, you will be required to
provide certain personal data and information about Yourself to Us. When You
access or use the Service, we also collect and store certain information and data
about You and Your access/use. Our Privacy Policy explains what personal
information and data We collect and how We treat Your personal data and
information and protect Your privacy. The terms of Our Privacy Policy are
deemed incorporated in these Terms and forms a part of these Terms. Therefore,
please read Our Privacy Policy carefully. When You access or use the Service,
you consent to the collection and use of Your personal data and information in
accordance with our Privacy Policy.
2. Notwithstanding anything contained in these Terms, you hereby permit Us to
store all information You transmit or share using the Communication Tools
(including your patient / medical records) and to share the same with Medical
Practitioners who You consult with to enable them to render their medical
Services to You. You hereby permit Us to transit prescriptions for medicines with
Pharmacies to enable them to service Your order for the drugs and medicinal
preparations ordered by You. Subject to the above, all Your medical / patient
records pertaining to the Services You avail through the Service shall remain
Your property.
3. While placing an order for sale of drugs / medicinal preparations with Us, you
fully authorize Us to share Your personal details like name, address, phone
number etc. as well as the medicine prescription to third party Pharmacy for the
purpose of processing Your order. The same Third-Party Pharmacies may, in turn,
store/use this information for their internal purposes. Also, on placing an order
with Us, you authorize the third-party online pharmacies to contact You via
Phone/ SMS / Email for the purpose of fulfilling Your order.
4. We are requesting for Your email address, so We can send You invoices for the
transactions You make on Health Factorial and also to help You refer Your friends
and family and therefore earn referral bonus.
12. Changes to Service:
1. We reserve the sole and complete discretion with respect to the operation of
the Service and We may add, modify, suspend or discontinue any functionality or
feature of the Service or any of the Services provided by Us without any notice to
You.
13. Third Party Links and Advertisements:
1. The Service may contain links to third party websites and third-party
advertisements, that are not maintained or controlled by Us. Third party links
and advertisements are provided for Your convenience only and does not imply
endorsement or any representation or warranty by Us to content, goods or
Services that may be offered by these third parties.
2. When You click on any of these third-party links, you are leaving the Service
and will be subject to the terms of use and privacy and security policies of the
third-party site. You link to any such third-party website entirely at Your own risk.
14. Warranty Disclaimer:
1. You acknowledge and agree that Your use of the Service is solely at Your own
risk, and that You assume full responsibility for all risks associated therewith. All
information, products or Services contained on or provided through the Service
are provided “as is”, without any warranty of any kind, express or implied. We do
not make any warranty or representation as to the quality, quantity, potency,
purity, standard, nature or manner of performance of any of the information,
products or Services contained on or provided through the Service. We hereby
disclaim, to the maximum extent permitted by applicable law, all representations
and warranties, express or implied, statutory or otherwise, including but not
limited to warranties of merchantability, fitness for any particular purpose, title,
non-infringement, reliability, accuracy, completeness, timeliness or that the
availability of the Service will be uninterrupted, timely, secure, or error free.
2. The Website assumes no responsibility for any damages or viruses that may
infect Your computer equipment or other property on account of Your access to,
use of, or browsing in this Website.
15. Limitation & Exclusion of Liability:
1. To the fullest extent permitted by law, in no event will We be liable for any
direct, indirect, special, incidental, punitive, exemplary or consequential
damages, whether or not We have been warned of the possibility of such
damages. In any event, our total aggregate liability to You, if any, will not exceed
the charges paid to Us by you (if any) for the particular Service in questions.
16. Indemnity
1. We shall not be liable to any person for any loss or damage which may arise
from the use of any of the information contained in any of the materials on this
Website.
2. You agree to defend, indemnify and hold harmless ………., its employees,
directors, officers, agents and their successors and assigns from 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 Your actions or
inactions, which may result in any loss or liability to ……… or any third party
including but not limited to breach of any warranties, representations or
undertakings or in relation to the non-fulfilment of any of Your obligations under
these Terms or arising out of your violation of any applicable laws, regulations
including but not limited to intellectual property rights, payment of statutory
dues and taxes, claim of libel, defamation, violation of rights of privacy or
publicity, loss of service by other subscribers and infringement of intellectual
property or other rights.
17. Website feedback, user comments and user generated content:
1. All reviews, comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted to Us on or by this Website or otherwise
disclosed, submitted or offered in connection with Your use of this Website
(collectively, the “Comments”) shall be and remain our property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to us of all
worldwide rights, titles and interests in all copyrights and other intellectual
properties in the Comments. Thus, we own exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial or otherwise,
of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt,
create derivative works from, publish, display and distribute any Comments You
submit for any purpose whatsoever, without restriction and without
compensating You in any way. We are and shall be under no obligation: (1) to
maintain any Comments in confidence; (2) to pay You any compensation for any
Comments; or (3) to respond to any Comments. You agree that any Comments
submitted by You to the Website will not violate these Terms or any right of any
third party, including copyright, trademark, privacy or other personal or
proprietary right(s), and will not cause injury to any person or entity. You further
agree that no Comments submitted by You to the Website will be or contain
libellous or otherwise unlawful, threatening, abusive or obscene material, or
contain software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings or any form of ‘spam’. We do not regularly review posted
Comments, but do reserve the right (but not the obligation) to monitor and edit
or remove any Comments submitted on the Website. You grant Us the right to
use the name that You submit in connection with any Comments. You agree not
to use a false email address, impersonate any person or entity, or otherwise
mislead as to the origin of any Comments You submit. You are and shall remain
solely responsible for the content of any Comments You make and You agree to
indemnify Us and Our affiliates for all claims resulting from any Comments You
submit. We and Our affiliates take no responsibility and assume no liability for
any Comments submitted by You or any third party.
18. Termination:
1. We reserve the right to suspend and/or terminate Your access to the Service
with or without notice, if You breach these Terms. Upon suspension or
termination, your right to procure the Service shall immediately cease and We
reserve the right to remove or delete Your information that is available with Us,
including but not limited to account details. Such termination will be without any
liability to …………… Upon termination, you must promptly destroy all materials
downloaded or otherwise obtained from this Website, as well as all copies of
such materials, however made. Our right to any Comments shall survive such
termination. Any such termination shall not cancel your obligation to pay for the
Service already obtained through the Website or affect any liability that may
have arisen under these Terms.
19. Notices:
1. All notices to Us shall be in writing and shall be made via e-mail to
………………. or other email address as notified in these Terms and all notices to
You shall be made through the Service, via e-mail to the e-mail address You
provide at the time of your registration or to your communication device
registered with Us.
2. Governing Law and Jurisdiction:
3. The interpretation of these Terms and the resolution of any dispute relating to
Your access or use of the Service shall be governed by the laws of India subject
to the exclusive jurisdiction of Courts in………………. All disputes will be subject
to arbitration in Gurgaon in English by a single arbitrator appointed by us under
the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its
own cost.
20. Miscellaneous:
1. If any term or provision of these Terms shall be declared invalid by a court of
competent jurisdiction, then such provision will be interpreted, construed, or
reformed to the extent reasonably required to render it valid, enforceable, and
consistent with the original intent underlying such provision and the remainder
of these Terms shall remain in full force and effect, according to its terms. The
failure to exercise or enforce any right or provision of these Terms does not
constitute a waiver of such right or provision. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or
extent of such clause. Your right to use the Service is personal to You and You
shall not assign or transfer in any manner any of Your rights, obligations or
interest in these Terms or Your subscription to any third party. We may freely
assign our rights and obligations hereunder. Should there be any conflict
between these Terms and any other notice/communication, the terms and
conditions set forth in these Terms shall prevail, to the extent of such conflict.
These Terms (including the Privacy Policy and other notices on the Website
which are incorporated and deemed part of these Terms), constitute the entire
agreement between Us and supersedes all prior agreements regarding the
subject matter hereof. When You use the Service and provide any information on
or through the Service; or when You click any of the buttons available on the
Website or when You send an e-mail to Us, you are communicating with Us
through electronic records. You hereby consent that such electronic records,
whether sent by You or automatically generated by the computer system when
You click on any of the buttons available on the Website or the Service, shall be
deemed to be communications sent in writing by You.
21. Grievance Redressal:
1. If You have any concern or grievance or complaint with respect to the Service,
please e-mail us at ………………and We will study the matter and take such
action as we deem appropriate under the circumstances.
2. I have read and understood these Terms of Use (including the Privacy Policy
and other notices on the Website) and agree to all of the provisions contained
therein.
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