2. ACCEPTANCE OF TERMS
3. LICENSE TO USE
(1).Account Creation on Website
You need not register with the Company to simply visit the Center or view the Website, but for availing the services of the Company and to access and participate in certain features of the Website (“Account“). To create an account, You must submit Your name, email address, age, gender, and such other details as may be requested through the Account registration page on the Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an Account but shall be helpful to the Company in providing You with a more customized experience when using the Platform. You agree that You will not misrepresent Yourself or represent Yourself as another User of the Platform.
You will need to create a password-protected account specified above and You are solely responsible for safeguarding Your password and, if applicable, Your password on the third-party sites referenced above (collectively, “Password/s“) and You shall keep Your Passwords secure at all times. You can, and are advised to, change Your Passwords from time to time in order to keep Your Account and Your interactions secured within the Website. You may register for an Account using Your existing Facebook, Google or any other account integrated by the Company with the Website and their respective log-in credentials. You shall be solely responsible for all activity that occurs on Your Account and You shall notify the Company immediately of any breach of security or any unauthorized use of Your Account. Similarly, You shall never use another’s Account without the Company’s permission. You may also login from time to time or change or update Your information by receiving the one-time-password (“OTP”) on Your registered e-mail id and phone number.
In the event that You forget Your Password to the Account, then You may use the “Forgot Password” tab on the login page to receive an OTP on the e-mail id and phone number used by You for registration. It will be Your sole responsibility to maintain the confidentiality and security of any OTP to avoid any misuse of Your Account. You hereby expressly acknowledge and agree that You (and not the Company) will be liable for Your losses, damages etc. (whether direct or indirect) caused by unauthorized use of Your Account. Notwithstanding the foregoing, You may be liable for the losses of the Company or others due to such unauthorized use.
Upon registration and creation of the Account, each User will have access to a page which will provide the profile of such User (“Profile”), which will contain up-to-date information, including allowed personal information of the User.
A User shall be entitled to delete the Profile and the information provided therein; provided that such deletion or deactivation shall be limited to such information available on the Website only and not on the servers or backend systems maintained by the Company. A User who has deleted or deactivated his Profile can activate such User’s profile by writing to the email@example.com, subject to any other conditions imposed by the Company for such reactivation. User acknowledges and agrees that User shall not be allowed to delete any transaction details including but not limited to invoice, bank details, financial information or any other information which are required for compliance under the applicable law or for reconciliation by the Company, banks, payment gateways or financial institutions. User hereby expressly consents and agrees to waive any right, whether under law or contract, which may compel the Company to delete such data.
(3).Account Policies Applicable to Website
You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):
- 1. You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers” etc., access the Website for any purpose without the Company’s prior written approval.
- 2. You shall not take any action that:
(i) unreasonably encumbers or, in the Company’s sole view, may unreasonably encumber the Website’s infrastructure;
(ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation on the Website;
(iii) bypasses the Company’s measures that are used to prevent or restrict access to the Website.
- 3. Framing or hotlinking or deep linking any Contents from the Website.
The Company, through the Website, provides for various communication channels including but not limited to User profile, Comments sections, Addresses etc. between the Users and the Company. During Your use of any communication channel on the Website, You specifically agree and undertake that You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution (collectively referred to as “Posting”) of any content, including text, images, video, sound, data, information, files or software, (“Content”) to any part of the Website, including Your Profile, or the posting of any opinions or reviews in connection with the Website, that:
- 1. misrepresents the source of anything You post, including impersonation of another individual or entity or any false or inaccurate information or feedback;
- 3. is intended to harm or exploit any individual under the age of majority in any jurisdiction;
- 4. is designed to solicit, or collect personally identifiable information of any individual under the age of majority in any jurisdiction, including, but not limited to, name, email address, home address, phone number, or the name of his or her educational institution;
- 5. encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law including any abetment, conspiracy or collusion to commit a crime or undertake illegal monetary transactions including money laundering, corrupt practices or funding for terrorism;
- 6. is pornographic, pedophilic, blasphemous, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or any other inappropriate subject matter; or is otherwise inappropriate;
- 7. threatens the unity, integrity, defense, security or sovereignty of India, its friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
- 8. invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- 9. contains falsehoods or misrepresentations that could damage the Company or any third party;
- 10. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- 11. intends to harm or disrupt another User’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming, phishing, hacking or the use of trojan horses;
- 12. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- 13. impersonates, uses the identity of, or attempts to impersonate a Company employee, agent, manager, host, another User, or any other person though any means;
- 14. advertises or solicits a business not related to or appropriate for the Website (as determined by the Company in its sole discretion);
- 15. contains or could be considered “junk mail”, “spam”, “chain letters’, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
- 16. contains advertising for ‘ponzi’ schemes, discount cards, credit counseling, online surveys or online contests;
- 17. distributes or contains viruses or any other technologies that may harm the Company, or the interests or property of the Company or the integrity of the Website including attempts to decipher, decompile, disassemble or reverse engineer any part of the Website;
- (a). If You are sharing any Content, whether on the Website or on any other third-party website which is linked to the Website, then You are either the owner of such Content or are a valid licensee with a right to share such Content;
- (b). If You are viewing the Content, then You have been authorized to view the Content specifically by the Company on the Website, whether by subscription to the Website or otherwise.
You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by You to or through the Website.
(2). Prohibited Postings
Notwithstanding the generality of the foregoing, You will not make Postings or send messages to other Users containing:
- 1. Unsolicited advertising or marketing of a service not offered on the Website or an external website; or
- 2. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. The Company will not knowingly accept any Posting which is in violation of the law. The Company has the right, in its sole discretion and without prior notice to You; to immediately remove any Posting that discriminates or is in any way violation of any law.
(3). Report Abuse:
As a participant in the Website, You agree to use careful, prudent, and good judgment when Posting any feedback for the Website or any other User (“Feedback”). The following actions constitute inappropriate uses of Feedback:
- 1. Threatening to leave negative or impartial Feedback for another User unless that User provides services not included in the original Posting or not agreed to as part of the service to be provided;
- 2. Leaving Feedback in order to make the User appear better than he or she actually is or was, as may be reported by any other User of the Website;
- 3. Including conditions that restrict a User from leaving Feedback.
If You violate any of the above-referenced rules in connection with leaving Feedback, the Company, in its sole discretion, may take any of the following actions, with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Website or to any other User of this Website. The list provided hereunder is illustrative and not exhaustive:
- 1. Cancel or Delete Your feedback or Any of Your postings;
- 2. Limit Your account privileges;
- 3. Suspend Your account; and/or
- 4. Report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the internet.
In the event of any inappropriate use of the Feedback provisions provided hereunder, You may contact the Company regarding any such inappropriate use of Feedback via-email at firstname.lastname@example.org through the report abuse button provided on the Website by providing detailed reason on the inappropriateness of the Feedback.
In the event of any dispute between Users of the Website concerning Feedback, the Company shall be the final arbiter of such dispute. Further, in the event of any dispute between Users of the Website concerning Feedback, the Company has the right, in its sole and absolute discretion, to remove such Feedback or take any action it deems reasonable without incurring any liability therefrom.
Disclaimer: The Company does not and cannot review every Posting posted to the Website. These prohibitions do not require the Company to monitor, police or remove any Postings or other
6. RIGHTS OF THE COMPANY AND OBLIGATIONS OF THE USER
- 1. Verify the credentials of the User at the time of creation of an Account, including by way of an OTP verification method through SMS or to the email id of the User provided at the time of registration;
- 3. Allow or disallow registration or creation, use or access of Account of any User on the Platform, at its sole discretion, with or without cause and make such rules as may be required or deemed fit for the use of the Platform or services provided thereunder in the event of disallowing or discontinuation of use or access of the Account;
- 4. Provide, disclose or transfer such information and documents to any third parties including service providers, cloud storage service, subsidiaries, affiliates and any other such service providers to provide their services through the Platform;
- 5. Aggregate such data available on the Platform, including but not limited to information, documents, web-crawling, Content or feedback provided by the User to create a repository, master file or any other aggregated data set of skills, trends, domain knowledge or User preferences for use of the same by the Company for any lawful purpose whatsoever;
- 6. Verify the credentials of the Users from time to time to authenticate or verify the User’s credentials and prevent impersonation or misuse of the Account or the Platform. In the event of non-verification or invalidation of emails credentials as provided in this clause, the Company will be entitled to take such corrective action as may be required to allow or disallow continued use of Platform or any part thereof;
- 7. Identify and collate and aggregate such Users reported for abuse or discrimination in order to take corrective action including, where required, blacklisting, offboarding or terminating access to Platform of such Users;
- 8. Process, aggregate, analyze, benchmark, share, transfer or use the data including the Content or feedback in such manner as it deems fit;
- 10. Undertake such actions as may be required with respect to monitoring, maintaining, operating the payment systems within the Platform including sending of invoices for the services provided by the Company under or through the Platform; and/or
- (1). DIAGNOSTIC SERVICES
- 1. The reported tests are for the notification of the referring doctor which must be used only to assist him/her in the diagnosis and the management of the patient.
- 2. The test results relate only to the specimen tested.
- 3. If the collection date was not stated in the test request form, the current date will print by default as the date of collection. Collection refers to “collection of the primary sample”.
- 4. For tests performed on specimens received from location other than Company’s Center, it is presumed that the specimen belongs to the patient named or identified, such verification being carried out at the point of generation of the said specimen.
- 5. A test requested might not be performed for the following reasons:
(a). Specimen quantity insufficient (inadequate collection/spillage during transit)
(b). Specimen quality unacceptable (hamolysed/clotted/lipemic etc.)
(c). Incorrect specimen type
(d). Test cancelled either on request of patient or doctor, or due to incorrect test code, test name of test specimen received.
(e). It is expected that a fresh specimen will be sent for the purpose of reporting on the same parameters.
(f). A test requested may yield invalid results for various technical reasons, it is expected that a fresh specimen will be sent for the purpose of reporting.
(g). Assays are performed and reported in accordance with the stated scheduled day and time given in the listing. In the event of unforeseen circumstances (unavailability of test kits, failure of test runs, need for repeat sample/testing, Instrument breakdown and natural calamities). The Company will make all efforts to minimize the delay in reporting.
(h). A repeat investigation / additional investigation for clinical samples and histopathology specimens will be possible, as per our sample retention policy i.e. within 24 hours and one month from the issue of test report respectively, unless otherwise required and mentioned by the client during sample registration.
(i). Assays are performed in accordance with standard procedure on receipt. The reported results are dependent on individual assay methods, equipment used, method specificity, sensitivity and quality of specimen(s) received. All investigations have their limitations and isolated laboratory investigations may not confirm the final diagnosis of disease. They only help at arriving at a diagnosis in conjunction with clinical findings and relevant investigations. The reports are therefore expected to be interpreted taking into consideration these facts.
(j). If Company cancels due to any reason, then Company will arranging for the new slot and will give the option to avail the slot and if the patient opts to refund then the Company will refund the money within 30days time.
(2). HOME COLLECTION: –
- 1. The Company offers its customer to book an appointment for home sample collection. A representative of the Company will be visiting the address of the customer for sample collection and provide necessary assistance as required by the Customer.
- 2. You hereby acknowledge and agree that the Company shall not be liable for any damages, claims which customer may have suffered due to home collection and shall be at customer risk. The customer hereby waive all rights to demand from the Company any compensation which may arise due to home collection.
(3). SUBSCRIPTION MEMBERSHIP SERVICES
- 1. The subscription details mentioned in the brochure (“Subscription”) provided by the Company can be opted only by one individual and cannot be used by or transferred to any friends, family members, relatives or third party.
- 2. You cannot club the Subscription with any other offers/programs which are or will be marketed by the Company.
- 3. You hereby represent and warrant that any data or information provided by You to the Company is true and accurate. In the event, such information is found to be false or inaccurate, the Company reserves the right to terminate Your Subscription without any obligation to provide its services or refund the fees.
- 4. The fees paid by You to the Company for the Subscription, which is MRP minus discounted price (“Subscription Fees”) shall not be refundable at any stage. You hereby waive off the right to demand for any refund of the fees after payment to the Company.
- 5. The Company may, at its sole discretion, refund the fees paid by You for the test or services availed by You under the Subscription offer.
- 6. In the event You breach any of the terms mentioned under the Terms and Conditions which cannot be remediable, the Company shall, at its sole discretion, exercise its right to terminate Your Subscription without any further obligation to provide its services or refund the fees.
- 7. Your Subscription will be valid only for one (1) year from the date of registration. The Company may add services under the same subscription offer to its customer which can be availed by you only upon additional payment as prescribed by the Company.
- 8. The Company reserves the right to modify the fees, at its sole discretion, on renewals of your Subscription.
8. INTELLECTUAL PROPERTY RIGHTS
- (1). Company Property
The Content on the Platform (exclusive of all Content submitted by You, except to the extent mentioned below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Company Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by the Company. Other trademarks, names and logos on this Platform are the property of their respective owners.
Company Data on the Platform is provided to You “AS IS” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners. You agree not to use, copy, or distribute, any of the Company Data or Marks other than as expressly permitted herein. If You download or print a copy of any Company Data for personal use, You must display all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Company Data or enforce limitations on use of the Platform or the Company Data therein.
The Platform contains Company Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in the Company Data and Marks. The Platform may also contain Data of other Users or licensors, which You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell.
(2). License and Use of Content submitted by You
You acknowledge and understand that the technical processing and transmission of the Platform, including the Content submitted by You, may involve (a) transmissions over various networks; and/or (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove such Content submitted from the Platform at any time. However, the Company may continue to retain or store such Content submitted by You in its or third-party servers or systems and use such Content in the manner provided herein above.
However, You will not submit, upload, share or Post, or provide as feedback, anything on or through the Platform as Your Content, which:
- 1. Is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post the material and to grant the Company all of the license rights granted herein; or
- 2. Contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated audio or video or links to pirated audio or video files, or lyrics or sheet music, works of art, articles, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right.
(3). No Confidentiality
You hereby give consent to the Company and its affiliates to use the information in your reports or other information for research purpose.
(4). Disclaimers and Right to Remove
The Company does not endorse any Content, Posting or Feedback or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with all Content submitted by a User. In the event of any infringement of any intellectual property rights in the Content submitted by You as Posting, Feedback or any article, then, the Company, at its sole discretion, will remove such content, whether notified or suo motu. The Company reserves, at its sole discretion, the right to remove any Content without prior notice. The Company may also terminate a User’s access to the Platform, if such User is ascertained to repeat such infringement.
You acknowledge and understand that when using the Platform, You will be exposed to Content shared by the Platform and other Users of the Platform, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content from other sources. You further acknowledge and understand that You may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Platform.
If You send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, all such suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such suggestions. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the suggestions, and You have no right to compel such use, display, reproduction, or distribution or seek recognition if the suggestions are in fact implemented.
(6). Copyright Infringement Take Down Procedure
The Company has high regard for intellectual property rights and expects the same to be employed by its Users. The Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Platform of Users who infringe upon the intellectual property rights of Company or any third party.
9. TERMS RELATED TO PAYMENTS
For each service provided by the Company, the Company shall raise an invoice on the Platform. Each User undertakes and agrees that all payments to be made for the services obtained under or through the Platform shall be made using a payment gateway system provided in the Platform. The User shall make the payment to the Company immediately after placing the request for the Services. Any User to make or receive the payments shall be subject to the terms, conditions, and policies of the payment gateway, the bank maintaining the Nodal Account or Company Account and bank maintaining the User’s designated bank account.
In addition to the other facilities available on the Platform, a User of the Platform shall be provided with the following facilities through the Profile maintained by such User on the Platform:
- 1. Viewing of all the bills and invoices that are pending payment from such User;
- 2. Link the account maintained by the User on the Platform to the bank account through the payment gateway to track all financial transactions through the Platform;
As state and local tax laws vary significantly, You understand and agree that You are solely responsible for determining Your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to any User. Further, You understand that the Company shall not be responsible or liable in any manner in relation to tax liability of a User for receipt of any services provided through the Platform.
The Company reserves the right to charge fees for any other services at its sole discretion and the User is advised to check for such fees prior to availing of services from the Company. The payment charged to the User shall be inclusive of applicable taxes including where applicable goods and services tax (“GST”).
11. REFUND AND CANCELLATION
If due to some reason, the samples could not be processed at the laboratory, the user will have a choice to ask for a re-sample collection or a complete refund. Humain health will bear all the costs for a re-appointment for sample collection or provide the refunds for the test (within 7 working days), as requested by the user.
Company shall process the cancellation or refund request from the Customer as per the below mentioned terms and conditions –
Company shall process the cancellation or refund request from the Customer as per the below mentioned terms and conditions:
- 1. No Refund for slot cancellation, If refund is requested after actual appointment booking time or the samples are already collected, irrespective of slot booking time.
- 2. Full Refund will be processed if Humain Health cancels the booking for any reason.
12. YOUR REPRESENTATIONS AND WARRANTIES
13. DISCLAIMER OF WARRANTIES
You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, the company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this platform, the services offered on or through the platform, any data, materials, content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this platform. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this platform, the services offered on or through this platform, data, materials, submitted content, and any information or material contained or presented on this platform is provided to you on an “as is”, “as available” and “where is’ basis with no warranty, express or implied, of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the platform, postings, feedback or content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform, any interruption or cessation of transmission to or from the platform, any defamatory, offensive, or illegal conduct of any third party or user, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the platform or content posted, emailed, transmitted, or otherwise made available via the platform. The company does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked site or featured in any banner or other advertisements. The company will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party providers of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
The company may publish medical information on the platform which shall be merely information and not advice. If users need medical advice, they should consult a doctor or other appropriate medical professional. the company does not give any warranty with respect to the medical information posted on the platform, and that no liability shall accrue to the company in the event that a user suffers loss as a result of reliance upon the information. the medical information published on the platform is provided as an information resource only and shall not to be used or relied on for any diagnostic or treatment purposes. such information does not create any patient-physician relationship and should not be used as a substitute for professional diagnosis and treatment. the company expressly disclaims responsibility and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained on the platform. the information on the platform is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. all content, including text, graphics, images, and information, contained on or available through the platform are for general information purposes only. the company makes no representation and assume no responsibility for the accuracy of the information contained on or available through the platform, and such information is subject to change without notice. you are encouraged to confirm any information obtained from or through the platform with other sources, including your own physician, and review all information regarding any medical condition or treatment with your physician.
The company through registered doctors offers consultation services to its customer. any damages or claims which may arise due to such consultation shall be between the doctors and the customer. you agree that the company is only providing a platform to the doctors and customer for providing and receiving services. the company shall not be liable to you for any such claims or damages at any time.
14. LIMITATIONS OF LIABILITY
In no event shall the company, affiliates or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages whatsoever resulting from any:
(i) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the platform or content;
(ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(iii) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party;
(iv) any interruption or cessation of transmission to or from the platform; (v) any errors or omissions in any data, content, information, materials or substance of the platform or content;
(vi) any defamatory, offensive, or illegal conduct of any third party or user; (vii) use of any data, marks, content, information, materials or substance of the platform or content posted, emailed, transmitted, or otherwise made available on or through the platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall the total aggregate liability of the company, or any of the above-referenced respective parties, arising from or relating to the platform, and/or content exceed the total amount of fees actually paid to the company by you with respect to the service under which such liability arose.
15. INDEMNIFICATION AND RELEASE
16. MODIFICATIONS TO OR TERMINATION OF PLATFORM
- (1). Modification or Cessation of Platform
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered by the Company.
(2). Termination by Company
(3). Termination by You
You may cancel Your use of the Platform and/or terminate the relationship with or without cause at any time by sending an email on “email@example.com” with a subject line “Termination of account”.
(4). Effect of Termination
Upon termination of Your Account, Your right to participate in the Platform, including, but not limited to, Your right to obtain services shall automatically terminate. In the event of termination, Your Account will be disabled and You may not be granted access to Your Account or any files or other data contained in Your Account. Notwithstanding the foregoing, residual data may remain in the Company system.
Unless the Company has previously canceled or terminated Your use of the Platform (in which case subsequent notice by the Company shall not be required), if You provided a valid email address during registration, the Company will notify You via email of any such termination or cancellation, which shall be effective immediately upon the Company’s delivery of such notice.
- (1). Dispute Resolution
(2). Governing Law and Jurisdiction
The Company may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by the Company on the Platform are subject to change and the appearance of advertisements on the Platform does not imply endorsement by the Company of any advertised products or services. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
We may use third-party advertising companies to serve ads when you visit our Website(s). These companies may use information (not including your name, address, email5address, or telephone number) about your visits to the Website(s) in order to provide advertisements about goods and services of interest to you.
(5). No Agency or Partnership
(6). Third-party Links, Contact Forms and Phone Numbers
(6). Force Majeure
(7). Consent for Receipt of Phone Calls, SMSs and/or E-mails
It is further clarified that Your registration on the Platform shall be deemed to be Your consent to be contacted for the purposes mentioned above and for promotion of goods and services of the Company, (i) on the mobile number shared by You even if You are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.
(8). No Third-party Beneficiaries
(10). Entire Agreement
(12). No Waiver
(13). Statute of Limitations
You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
(14). Section Headings