TERMS & CONDITIONS
a) This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
c) The domain names www.arvenehealthcare.com ("Website") is owned and operated by Arvene Healthcare Pvt. Ltd. ("Company") a private limited company registered under the Companies Act, 2013, and having its registered office at G-38, Quest Offices Pvt Ltd., Technopolis, 5th Floor, Golf course road, Sector-54, Gurgaon, Haryana-122002, INDIA, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
i) The term 'You', 'Your', 'User' & 'Subscriber' shall mean any legal person or entity accessing or using the Services provided on this Website , who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872, whether for himself or for anyone who has authorized such person to submit his information in order to avail the services of the Website ;
ii) The terms 'We', 'Us', 'Our' & 'Arvene Healthcare' shall mean the Website and/or the Company, as the context so requires.
iii) The term 'Services' shall mean those Services offered on the Website lication by the Company, as enumerated under Clause 5.
iv) The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website , and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User's act of registering with the Website constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.
h) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website .
The User represents and warrants that he is competent and eligible to enter into legally binding agreements and that he has the requisite authority to bind himself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Website ; or
b)The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
Whichever is longer. The Parties agree that certain portions of these Terms ("Clauses"), such as Clauses 11, 12, 13, 16 & 18, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User's access to the Services offered on the Website and the Mobile App, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in 3 herein above.
5. ONLINE PLATFORM
The Website is an online platform where you can upload your health records electronically and avail online consultation either through mail/text or video from health experts on the Website itself. The user allows the administrators of the Arvene healthcare website to evaluate, share and pass on the information in order to provide free/paid consultations or second opinion based on the inputs of prescription provided by the User. Users can make the payment online to Us Once the Users have logged into the website, they will have the option to take a paid text/video consultation based on the discretion of the team of Arvene healthcare.
When you sign up on the website it means that the user is giving consent to disclose medical records and history while consulting with the Doctor and Arvene Healthcare. This platform is not intended to replace a physical visit to a doctor because of limitations of the platform. Usually the doctor will try his/her best to answer the email/text queries within 48 hrs but in some cases that may take longer and We will not be responsible for any such delays from the healthcare provider/doctors side. The user is required to be online at the time of video consulting, else the company will not be hold responsible for re-scheduling the call. It will be a sole discretion of the service provider and company go take up any such request.
Arvene Healthcare is a web based platform which is based on patient centric features and provide following Services:
Uploading medical history including:
Basic information with the specific columns like Name/Age/Sex/Body Weight/Height etc.
Generic information pertaining to the genetic disease in his/her family.
Allergies (if any)
Past cured disease
Editing and updating medical history.
The records may not be maintained by Arvene Healthcare on the platform.
Arvene Healthcare will not take any responsibility for lost medical records.
To fully avail the Services of the Application and use it, registration by the User or an individual who is authorized by such User , is required. As a part of registration process you agree to provide Arvene Healthcare current, complete, and accurate registration information as prompted to do and to maintain and update this information as required to keep it updated, complete and accurate. You are required to register by providing your entire medical history with the specific columns as mentioned below: The mandatory fields are notified to the user to carry forward a consultation which includes but not limited to:
Name, Email id, Phone number, Age, Sex, Body Weight, Height etc.
Family history of diseases.
Allergies: Any allergy that the User wants to save in terms of drugs or food allergy.
Past cured diseases. User can upload past records, edit and save the same.
All the information provided shall be uploaded on a secure cloud based platform.
Membership of this website is available only to those above the age of 18 years barring those "Incompetent to Contract" which inter alia include insolvents. If You are a minor and wish to use the Application, You may do so through Your legal guardian and Arvene Healthcare Pvt. Ltd. reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its Services.
Further, at any time during Your use of this Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
By using this Website , and providing his contact information to the Company through the Website , the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to email@example.com with the subject [Stop Promos]. The User agrees and acknowledges that it may take up to thirty(30) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything-contained herein above, he may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
The use of this Website by the User, including browsing the Website is free of cost. The Company reserves the right to amend this no-fee policy and charge the User for the use of the Website/Application. In such an event, the User will be intimated of the same when he attempts to access the Website , and the User shall have the option of declining to avail of the Services offered on the Website . Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
9. USER OBLIGATIONS
The User agrees and acknowledges that he is a restricted user of this Website , and that he:
a) Is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website . Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
b) agrees not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website . The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website , materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User's access to the Website , as detailed in Clause 10 herein below. The User acknowledges and agrees that by accessing or using the Website or any of the Services provided therein, he may be exposed to content that he may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website . The User expressly agrees and acknowledges that all the Services displayed on the Website are not owned by the Company/Website , and that the same may be the exclusive property of certain third parties who have chosen to market their Services through the Company's Website , and that the Company is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website , at its sole discretion.
c) In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User's access to the Website may also be permanently revoked, at the sole discretion of the Company.
d) Further undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website );
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website ;
vii. Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Neither probe, scan or test the vulnerability of the Website or any network connected to the Website , nor breach the security or authentication measures on the Website or any network connected to the Website . The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website , or any other customer of the Website , including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website , in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website , systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites/ Mobile Apps or any affiliated or linked Websites/ Mobile Apps;
x. Collect or store data about other users of the Website .
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular or service offered on the Website ;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Company to lose (in whole or in part) the Services of its internet service provider ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Company/Website ;
xix. Engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or Services not currently displayed on the Website . The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website or through any other internet based platform infringing the reputation of the company or its Services. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.
e) The User expressly understands and agrees the following.
i. In order to use the Services offered through the Website , You need to be a Registered User. You agree to provide us with accurate and complete registration information.
ii. It is the sole responsibility of the User to inform Company of any changes to that information.
iii. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Each registration can hold multiple accounts as per provision of the Website/Application. The number of accounts will be limited to a maximum of 6 sub accounts for one registration. All the terms are applicable to the sub accounts also.
iv. You are responsible for maintaining the confidentiality of your account credentials.
v. You shall be responsible for all uses of your account, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.
vi. When a user registers on the Website , You will be asked to provide us with certain information including, without limitation, Your name, username, contact number, date of birth, gender, and a valid email address.
f) The User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website ) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website , but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website . The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libelous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website .
g) The User agrees that:
i. Any content on this website and particularly any such content relating to medical conditions and their treatment is solely for general informational purposes/alert purposes and is not intended as, shall not be construed to be, and is no substitute for the advise provided by a qualified and practicing expert medical professional.
ii. He/She must never ignore qualified medical guidance or treatment or postpone seeking qualified medical diagnosis or treatment because of data on the Website lication. The material on the Website lication should not be utilized in lieu of a appointment, call, consultation, or guidance to, with, or from a qualified healthcare professional, inclusive of a personal physician.
iii. The User agrees that the Company may terminate the User's access to or use of the Arvene Healthcare system and Services at any time if we the Company is unable at any time to determine or verify the User's qualifications or credentials.
iv. The User will implement and maintain appropriate administrative, physical and technical safeguards to protect information within the Arvene Healthcare system from access, use or alteration and will always use the user ID assigned to him or a member of the User's workforce. The User is required to maintain appropriate security with regard to all personnel, systems, and administrative processes used by him or members of his workforce to transmit, store and process electronic health information through the use of the Arvene Healthcare system. The User will immediately notify the Company of any breach or suspected breach of the security of the Arvene Healthcare system, or any unauthorized use or disclosure of information within or obtained from the Arvene Healthcare system, and will take such action to mitigate the breach or suspected breach as the Company may direct, and will cooperate with the Company in investigating and mitigating such breach.
v. The User represents and warrants that he/she will, at all times during the use of the Arvene Healthcare system and thereafter, comply with all laws directly or indirectly applicable that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the patient information, and use best efforts to cause all persons or entities under his/her direction or control to comply with such laws, including but not limited to the Information Technology Act, 2000 and the rules made thereunder. The User is at all times during the use of the Arvene Healthcare system and thereafter, solely responsible for obtaining and maintaining all patient consents, and all other legally necessary consents or permissions required to disclose, process, retrieve, transmit, and view the patient information. The Company does not assume any responsibility for the User's use or misuse of patient information or other information transmitted, monitored, stored or received while using Arvene Healthcare. The Company reserves the right to amend or delete any material (along with the right to revoke any membership or restrict access) that in its sole discretion violates the above.
vi. The Company makes no representations concerning the completeness, accuracy or utility of any information or Services offers in the Arvene Healthcare system. The Company has no liability for the consequences to the Doctor or his/her patients.
10. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User's access and/ or activity by immediately removing the User's access credentials either temporarily or indefinitely, or suspend/ terminate the User's membership, and/or refuse to provide User with access to the Website , without being required to provide the User with notice or cause:
a) If the User is in breach of any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User's actions may cause any harm, damage or loss to the other users or to the Website /Company,.
11. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its parent, subsidiaries, affiliates, employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User's obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User's use of or access to the Website and/or the products, Services or materials contained therein.
The diagnosis/advises/recommendations/ prescriptions or any other suggestions given by the doctor will be independent of Mediguardians and the company shall have no liability regarding the same.
The reports shared by the patients are at sole discretion of the patient to share a particular report or entire summary saved in the account. The service providers ( doctors ) on the platform are not bound to confirm the appointment without giving any advance notice. In such cases the payment will be refunded within 60 days of communication to
No fee/charges are refunded. Any refund will be sole discretion of the company.
This platform is intended for follow ups and second opinion and strictly not advisable for any emergency medical condition.
The video consults will require certain basic technology in the users computer/tablet/smart phones and any issues with technical drop of call or network unavailability at the time of consults will be sole responsibility of the user.
Third party interface may be required to built in the platform and complete functionality which is not under any control of Ours.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
12. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website 's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website .
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website , or that in any manner disparages or discredits the Company/Website , to be determined in the sole discretion of the Company.
The User is further aware that any reproduction or infringement of the intellectual property of owners of such rights by the User may result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
13. DISCLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated on the Website , all Services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) The Content on the Website should not be substituted for medical or health advice. Nothing on the Website is aimed at medical diagnosis or treatment or as a suggestion of a course of treatment for a specific Subscriber or User. The Content does not aim to be an auxiliary for qualified medical guidance, analysis, or treatment.
d) The Company/ Website/ Application Or any of its agent, servant or assigns shall not be liable for any direct or indirect, wilful or otherwise, act or omission that can be attributed to the Services on the Website/ Application. Or any of its agent, servant or assigns have any liability whatsoever in case any third party claims, demands, suit, actions, or other proceedings are initiated against any of its personnel or any other person engaged by the Company. The Company/Website cannot be held responsible in a court of law, for any situations of damages including but not limiting to medical damage or negligence arising in a User's practice whether the situation arose as a result of information or knowledge obtained from Arvene Healthcare or not or related to the Services provided or agreed to be provided by Arvene Healthcare.
e) The User agrees and undertakes that he is accessing the Website and he is using his best and prudent judgment before availing any service listed on the Website , or accessing/using any information displayed thereon.
f) In case the User uploads any details of a third person related or known to the User, uploading such details would deemed to have been done after the User obtaining express consent from such third person.
g) The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User's belongings, or any third party, resulting from the use or misuse of service availed of by the User from the Website .
h) The Company/Website does not guarantee that the functions and Services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Website .
i) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
j) You understand that for the exchange of information between You and Us, the usage of local exchange and internet backbone carrier lines, routers, switches and other devices which maybe collectively called carrier lines shall be made. These carrier lines are maintained by third party carriers, internet service providers and utilities. You understand that we have no control over the same and therefore we assume no liability with regards to the confidentiality, security, integrity, privacy and the use of any information as it is transmitted over these carrier lines. We further assume no liability for the interception, interruption, failure, transmission, or corruption of any data. Your use of the carrier lines is solely at your own risk.
k) We will not be in breach of any promise made to You by Us unless we receive a written notice specifying about the default and the nature thereof and since the receipt of such notice we havent attempted to cure such default for a time period of 30 days. Or if cure within such period is not practicable then, to be diligently proceeding to cure the default.
l) You understand that other users have access to our system and though they have agreed to abide by these terms of services, there might still be some users who might deviate from the promise and use the system in unethical and illegal ways. We assume no liability for the same.
m) If We do have some liability towards you or any third party for any loss or harm or damage then both parties agree that such liability shall under no circumstances exceed the value of any and all fee received by Us from You.
n) We do not personally recommend or endorse any sort of specific tests. Neither does the company recommend or endorse any treatments, drugs, techniques, products, physicians, organisations, medical professionals, articles, abstracts, procedures, opinions, and other information as displayed on the online platform. You understand that if you are dissatisfied with the service of the website then your only remedy is to discontinue using the services of the website.
o) Content included on the website is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on the website.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he owns or otherwise controls all of the rights to the content contributed to the Website , and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website , for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
15. FORCE MAJEURE
Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
16. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Gurgaon in the state of Haryana, India.
c) The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Gurgaon shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD)
18. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.