The User's (defined below) use of Vayah Vikas ("Website") and related tools and services thereof, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Website, is governed by and shall be subject to these terms and conditions ("Agreement"), the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. To ensure that You are aware of the changes, please review this Agreement and all the documents referred to hereunder periodically.This Website is developed and maintained by Vayah Vikas ("Company") a company incorporated under the Companies Act, 2013, having its registered office at Narayana Health Corporate Office, 261A, Bommasandra Industrial Area, Bangalore - 560099
For the purposes of this Agreement, the term "User(s)" and wherever the context so requires "You" or "Your" shall mean any natural or legal person who has access and is using the Website. The terms "We", "Us" and "Our" shall mean Vayah Vikas. In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorized by such entity to consent this User Agreement, and such entity agrees to be bound by the terms hereunder.This Agreement sets forth the legally binding terms of Your use of the Website and related services. By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Website ("Additional Documents"), which shall be deemed to be a part of this Agreement. In the event of any conflict between the terms of this Agreement and any aforesaid Additional Documents, the Additional Documents shall prevail. If any of the terms of this Agreement or of any of the Additional Documents are not acceptable to You, please do not use the Website. Your continued usage of the Website after any change constitutes Your acceptance of the amended Agreement.
You acknowledge that the Website is an online platform to facilitate exchange of information relating to health and health related products and services ("Information"), purchase of Products (defined below) and Services, for the benefit of senior citizens, their families and caregivers ("Senior Citizens"). You understand and agree that any information on the Website, including the Information or exchange thereof is not and shall not be construed to mean medical advice, prognosis or diagnosis for any reason whatsoever. Additionally, all such Information is subject to confirmation by a registered medical practitioner. You further agree that any reliance in the Information shall be at Your own risk and volition.Users are entitled to purchase products related to health and health related products displayed on the Website through our third part site, including without limitation mobility aids, health monitoring devices, convenience products, equipment, food supplements, diagnostics equipment, orthopedic support, toilet aids, incontinence products and other health support products ("Products"). Additionally, the Website facilitates the option for the Users to avail health related services from third party service providers such as for nursing, calling an ambulance, health assistants, assistance for hospitalization and such other services that may be offered by Viyah Vikas from time to time("Services").The Company represents all Services that are made available from third party manufacturers ("Product Vendor(s)") and service providers ("Service Provider Vendor(s)") and are not in any manner manufactured or rendered by the Company. The Product Vendors and Service Provider Vendors shall hereinafter be collectively referred as Vendors. Any representation or information on the Products or Services are in accordance with the data and information provided by the relevant Vendors and therefore the Company is not and shall not be liable for any claims in this regard, whatsoever.
You acknowledge that certain parts of this Website are available only if You register on this Website by following the registration process mentioned under this User Agreement and provided that You are an active customer of Vayah Vikas and are not subject to suspension, cancellation or disciplinary proceeding by Vayah Vikas under this User Agreement or otherwise.Your access to and use of this Website will be through a User Account with a password ("User Account") created on the Website, to identify such User. The Website will provide You with an option to access the Website through Your existing user accounts associated with any social media platform or any other website including without limitation through Your email service providers (e.g. Gmail), Facebook, Google Plus etc. However, the Products and certain Services associated with this Website are available only if You register on this Website by submitting know Your customer ("KYC") details. You acknowledge that the KYC information includes personal information, including without limitation, details about [bank information], contact information and such other information as required by Us ("Your Information"). By submitting Your Information on the Website, You hereby expressly consent to Us using Your Information. A confirmation mail will be sent to Your preferred account at the time of registering, to verify the User Account created by You on the Website. Your User Account will be active only after You verify Your e-mail address by clicking on the verification link. In case You use an e-mail address provided to You by Your employer or organization, Your access or use of the Website may be blocked by Your employer/organization depending on the policies of Your employer or organization, as the case maybe, and We shall not be liable for non-access of the Website in such an event. You hereby understand and agree that certain personal information as provided by You on the Website, may be shared with the Courier Agency (defined below) and/or the third party Service Provider Vendor for processing the Your Order (defined below) and You hereby consent to the same. We shall not be liable for any use/misuse of such personal information by such Courier Agency or Service Provider Vendor, for any reason whatsoever.It is clarified that Your right to be a registered User is subject to Our confirmation. We shall under no circumstances be liable for the authenticity of Your Information submitted on this Website as a registered User. We will take reasonable measures to ensure that Your Information remains confidential, secure and is used only for the purposes of verification. In the event there are any changes to Your Information, You agree to immediately intimate Us of such change in writing at writetous@Vayah Vikas.org. If You provide any information that is untrue, inaccurate, incomplete or not current or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, We have the right to reject the order and/or suspend or terminate Your User Account.Upon being successfully registered as a User, You consent to receiving periodic newsletters from Vayah Vikas on the e-mail address provided by You.Vayah Vikas reserves the right to restrict or refuse Your access and/or usage to the Website, in any manner, including but not restricted to termination of Your User Account or removal of the content associated with Your User account, without providing You with any reasons and without a prior notice. You understand that consequent to Your termination or deletion of Your User Account, You will not be allowed to access or use certain parts of the Website which need mandatory registration. You acknowledge that any content that you may have posted on the website will not be removed or deleted upon your deletion or termination of Your User Account with Us.You shall be solely responsible for any activity occurs through Your User Account and shall not hold Us liable in this regard, for any reason whatsoever. You undertake the responsibility to control the dissemination and use of the User ID and passwords associated with Your User Account, permit, supervise and regulate entry to Your User Account. Vayah Vikas cannot and will not have any obligation or culpability for any data submitted on Your User Account or any data used or misused whether submitted, utilized, or misused by You, Your representatives or any third party; whether or not acting on Your behalf.
You are solely responsible for any data, content, Information, pictorial representations and/or images ("Content") that You upload, submit or send to or exchange on the Website. We shall under no circumstances be responsible for any claims made by a third party in respect thereof.Even though We make Our best efforts to ensure that the Information on Products and Services provided by Us on the Website is accurate and relevant, We do not guarantee the accuracy, correctness and/or relevancy of such Information which shall at all times be subject to independent review and confirmation by a registered and qualified medical practitioner. The Information on the Website may not be exhaustive or comprehensive. Accordingly, no part of the Information is to be relied upon for arriving at any conclusion as to medical diagnosis or prognosis of any person or for inference of any indications as to diseases, ailments, physical or mental conditions or any other health conditions and/or treatment thereof. Under no circumstances is the Information meant to replace diagnosis and treatment by a registered medical practitioner. Vayah Vikas shall not be liable for any treatment or interpretation based on the Information and/or recommendations, and Your reliance on the same shall be at Your own risk.
You shall not access or use or assist any other person to access or use Website for the following purposes:
- Any unauthorized use including without limitation any usage of the content provided on this Website not in conformity with the rights granted with respect to the same, may violate third party intellectual property rights as well as the laws of privacy for which You shall be solely responsible.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- Breaching any applicable laws;
- Using or attempting to use any engine, software, tool, agent or other Device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to manipulate the Website or reverse engineer it by copying, modifying, decompiling or dissembling; and/or
- Gaining or attempting to gain unauthorized access to any part or feature of the Website or any other systems or networks connected to the Website or to any server, computer, network, by hacking or any other illegitimate means.
You agree and confirm:
- That You are at least 18 (Eighteen) years of age and is competent to contract within the meaning of the Indian Contract Act, 1872. If You are under 18 (Eighteen) years of age and You wish to access or use the Website, Your parents or legal guardian must acknowledge and agree to the User Agreement. Should Your parents or legal guardian fail to agree or acknowledge the User Agreement, You shall immediately discontinue its use;
- That Your use of this Website and the Services provided therein are for lawful purposes only. By accepting this User Agreement and accessing the Website, You agree to be in full compliance with all the applicable laws, rules, regulations and guidelines;
- That You have and will continue to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete;
- That the Content submitted by You shall not be derogatory, offensive or misleading in any manner;
- That images and pictorial representations on the Website may be enhanced for advertising purposes;
- That We will not be responsible for verifying any Content posted on the Website;
- That You and all other parties on Your behalf will behave with good conduct with the Service Provider Vendors and shall not use abusive, objectionable or defamatory conduct or language for any reason whatsoever;
- That You also understand and acknowledge that the use of the Website requires internet connectivity. You shall bear the costs incurred to access and use the Website and We shall not, under any circumstances whatsoever, be responsible or liable for such costs;
Vayah Vikas shall 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. Vayah Vikas is and shall be under no obligation:
- to maintain any Comments in confidence;
- to pay You any compensation for any Comments; and/or
- to respond to any Comments. You agree that any Comments submitted by You to this Website any blog, Facebook, Twitter or any other such social media or networking platform or disclosed otherwise shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including Vayah Vikas. You further agree that no Comments submitted by You to this Website shall be or contain libelous 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". Vayah Vikas may not regularly review Your Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments.
Copyright & Trademark
Each time You upload the Content, You grant Vayah Vikas a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content. You accept that such license will not terminate upon Your deletion or removal of the Content or other uploaded content in respect of which it is granted; and shall continue to be used by Vayah Vikas , on the Website. You agree and confirm that:
- Each time You upload the Content, You grant Vayah Vikas a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content. You accept that such license will not terminate upon Your deletion or removal of the Content or other uploaded content in respect of which it is granted; and shall continue to be used by Vayah Vikas , on the Website. You agree and confirm that:
- No extracts of this Website or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialize any IP in any way.
- Your use of this Website does not confer on You or any other party, any license or other rights under the intellectual property or other proprietary rights of Vayah Vikas, the manufacturer of the Products and/ or Services and/or of any third party, whether implied or otherwise.
- Vayah Vikas shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Products and/or Services their content and/or Content.
By accessing this Website, You agree to defend, indemnify and hold harmless, Vayah Vikas, its employees, directors, officers, agents and successors-in-interest 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 Us or any third party including but not limited to breach of any warranties, representations or undertakings; or
- in relation to any information provided by You on the Website or while transacting on the Website; or (iii) in relation to the non-fulfillment of any of Your obligations under the User Agreement; or
- arising out of Your violation of any applicable laws, regulations including but not limited to infringement of intellectual property rights, non-payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation or loss; or
- in relation to Your fraudulent use of the payment method on this Website. This clause shall survive the expiry or termination of the User Agreement.
Suspension and Termination
Without prejudice to any other right, We have the right, at Our sole discretion, to terminate Your registration or restrict, suspend or block Your access to certain parts of the Website, if there is a breach of the terms of the User Agreement or if there are reasonable grounds to believe that You have breached any of the terms under the User Agreement. You understand that consequent to termination, You will not be allowed to access the Website, unless otherwise agreed or permitted in writing by Us.
Limitation of Liability and Disclaimers
The Website May Be Under Constant Upgrades, And Some Functions And Features May Not Be Fully Operational.
Due To The Limitations Inherent In Providing Information Obtained From Multiple Sources, There May Be Delays, Omissions, Or Inaccuracies In The Content Provided On The Website Including The Data Or Delay Or Errors In Functionality Of The Website. As A Result, We Do Not Represent That The Information Posted On The Website Is Correct In Every Case.
We Expressly Disclaim All Liabilities That May Arise As A Consequence Of Any Unauthorized Use Of Credit/ Debit Cards/IMPS-MMID.
You Acknowledge That Third Party Services Are Available On The Website. We May Have Formed Partnerships Or Alliances With Some Of These Third Parties From Time To Time In Order To Facilitate The Provision Of Certain Services To You. However, You Acknowledge And Agree That At No Time Are We Making Any Representation Or Warranty Regarding Any Third Party's Services Nor Will We Be Liable To You Or Any Third Party For Any Consequences Or Claims Arising From Or In Connection With Such Third Party Including, And Not Limited To, Any Liability Or Responsibility For, Death, Injury Or Impairment Experienced By You Or Any Third Party. You Hereby Disclaim And Waive Any Rights And Claims You May Have Against Us With Respect To Third Party's Services.
We Shall Not Be Liable To You Or Anyone Else For Any Losses, Consequential Damage Or Injury Arising Out Of Or Relating To The Information Provided On The Website. In No Event Will We Or Our Licensors Or Any Of Their Officers, Directors, Employees, Agents Or Sub-Contractors Or Affiliates ("Representatives") Be Liable To You Or Any Third Party For Any Decision Made Or Action Taken By Your Reliance On The Content Contained Herein.
In No Event Shall Vayah Vikas Or Its Representatives Be Liable For Any Consequential, Incidental, Direct, Indirect, Special, Punitive, Or Other Damages Whatsoever (Including, Without Limitation, Damages For Loss Of Business Profits, Loss Of Reputation, Business Interruption, Loss Of Business Information, Or Other Pecuniary Loss) Arising Out Of The Agreement, Website, Services Or Content Or The Use Of Or Inability To Use Any Service Or Content On The Website, Even If Vayah Vikas Has Been Advised Of The Possibility Of Such Damages.
We shall not be held liable for any of Our obligations under the User Agreement due to reasons beyond our control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.
Changes to the User Agreement
We may at any time modify and/or amend the terms of this User Agreement without any prior notification to You. In the event of any such modification of or amendment to the User Agreement, the latest revised version of the User Agreement shall be posted on the Website and shall become effective from the time of posting. You must regularly review this User Agreement and in the event the modified or amended terms and conditions of the User Agreement are not acceptable to You, You should discontinue using the Website and any other services offered on and/or through this Website. Your continued use of Website will constitute Your acceptance of the latest revised User Agreement.
In the event You wish to contact Us for any reason related to the use of the Website, Products or User Agreement, please contact Us at writetous@Vayah Vikas.org.