Terms & Conditions

TERMS & CONDITIONS

 

SERVICE – USER TERMS AND CONDITIONS

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules 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.

 

These terms and conditions (Service-User terms) apply on the usage of our Website / Mobile Application (the “Application”) as well as to any other information available on the website and/or all information, recommendations and/or services provided to you on or through the Application or through the Customer Care (CC) on our phone numbers mentioned on the Application. The term 'YOU' refers to the ‘user’ of our services through the Application and the CC.

 

This Website / Mobile Application is owned by Kainos Global Health & Wellness Pvt. Ltd. (“Company”). The User of the Website / Mobile Application; be it the Customers, Users, Distributors, Partners, Resellers, Retailers, Healthcare Professionals and Practitioners, Doctors, Dentists, Physiotherapists, Acupuncturists, Acupressure Practitioners, Naturopaths, Homeopaths, Paramedics, Nurses, etc. agrees and acknowledges that the use of the Website / Mobile Application is at the sole risk of the Users.

 

The terms and conditions mentioned on the Application along with the Privacy Policy and Disclaimer constitute the entire contract between the User(s) and Company with respect to access to and use of the Application/Website and the Services offered by Company, superseding any prior written or oral contracts in relation to the same subject matter herein.

 

The Application is for facilitating interaction between the User(s), and the Company is not responsible or liable for any information provided on the Application that is listed by the User(s).

 

USER ACCOUNTS AND USAGE CONDITIONS

 

·         Company collects general user data including name, email ID, contact details etc. to facilitate services. It is assumed that all information collected from the User(s) are Correct & Accurate. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or termination from the use of the platform without prior notice to such User(s).

 

·         User(s) cannot and should not create multiple accounts. Creation of such accounts will lead to automated termination of services or termination from the use of the platform without prior notice to such User(s).

 

·         In the case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Company reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.

 

·         The Company shall have the right to use the User(s) contact information for its own marketing purposes, if any. The Company may send regular e-mails, SMS updates to the mobile numbers registered with it.

 

·         You are advised to provide accurate information to Company. Company can verify the information that you have provided and choose to refuse the service or use of the Application / the Website without providing any reasons.

 

·         By using the Application or Website all User(s) agrees that:

 

o   You have understood your contract with Company for the Product usage and you have clearly understood the Products and Services with our clarifications.

o   You will not impair the proper operation of the network.

o   You will not try to harm the Service or Application in any way whatsoever.

o   You will not copy, or distribute the Application or other Company’s content without written permission from Company.

o   You will provide us with whatever proof of identity we may reasonably request.

o   You will comply with all applicable law from your City, State and the Country while using the Application or the Service.

 

·         In addition to other reasons mentioned under the Termination clause below, Company reserves the right to immediately terminate the Service and the use of the Application, should you not comply with any of the above rules.

 

LIMITED LIABILITY OF THE COMPANY

 

The Company is only providing a connectivity Service and by this service, Company are not covering any liability, loss, claim, risk, damages, etc. that the Customer, User, Distributors, Partners, Resellers, Retailers, Healthcare Professionals and Practitioners, Doctors, Dentists, Physiotherapists, Acupuncturists, Acupressure Practitioners, Naturopaths, Homeopaths, Paramedics, Nurses, etc. may undergo in a transaction. Any arrangement between the Reseller/Partner/Retailer/Distributor and the Users, Customers, Healthcare Professionals and Practitioners, Doctors, Dentists, Physiotherapists, Acupuncturists, Acupressure Practitioners, Naturopaths, Homeopaths, Paramedics, Nurses will be regarded as the private contract between them. Company shall have no role or responsibility whatsoever.

 

Company is not making any representation or warranty whatsoever. Company is not giving any indemnity to anyone. Users, who list on the Website / Application, will be provided best support and services on the best effort basis. User(s) information will be available with us for creating a better product and providing better services. Company shall have the right to utilize these information in a manner best deem fit by the Company.

 

AMENDMENT TO TERMS OF CONTRACT

 

The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the User(s) shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's Application on the date that Company may indicate that such addition, variation or amendment is to come into effect.

 

INTELLECTUAL PROPERTY RIGHTS

 

Company is the sole owner or lawful licensee of all the rights to the Application and its content. Application content means its design, layout, text, images, graphics, sound, video etc. The Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Application or the Website and its content shall remain with Company, its affiliates or licensor's of Company’s content, as the case may be.

 

All rights, not otherwise claimed under this T&C’s are hereby reserved. The information contained in this Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Company does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this Application/Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.

 

Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Application.

 

·         TRADEMARK- All related icons and logos are registered trademarks or trademarks or service marks of Company in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

 

·         COPYRIGHT- All content on this Application/Website is the copyright of Company except the third party content and link to third party web site on our Application.

 

Any systematic retrieval of Company’s content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Company is prohibited.

 

In addition, use of the content for any purpose not expressly permitted in this T&C’s is prohibited and may invite legal action. As a condition of your access to and use of Company's Services, you agree that you will not use the Application service to infringe the intellectual property rights of others in any way. Company reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Company’s service, or if Company believes that user(s) conduct is harmful to the interests of Company, its affiliates, or other users, or for any other reason in Company's sole discretion, with or without cause.

 

CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

 

By clicking the ‘I Agree’ button, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means and you further consent that your information can be used by the Company as it deems fit. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number that as per our records, or when we post the electronic communication on the Application or the Website.

 

CHOICE OF LAW AND DISPUTE RESOLUTION

 

These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Delhi shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Application or the Website. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis