Online Service Agreement: www.ayushhealth.com™ is an Internet-based online Health and allied services facilitator and information and communication service of Image Fusion Infotech Private Limited, No:17, Hanumantha Road,Balaji Nagar, Royapettah, Chennai, Pin: 600 014,Tamil Nadu,India.(the "Agreement").
BY ACCESSING OR USING www.ayushhealth.com™, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT,YOU MAY NOT ACCESS OR USE www.ayushhealth.com™.www.ayushhealth.com MAY MODIFY THIS AGREEMENT AT ANY TIME,AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU.YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF www.ayushhealth.com SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
- DISCLAIMER The information contained in www.ayushhealth.com™ is presented for the purpose of providing affordable health services to the consumers. IFIPL provides the list of vendors associated with it, includes complete address and contact information, days and time of operation, list and discounted pricing. Customers are required to fill in their information and complete their transaction to their best of knowledge. IFIPL has not control over mistakes committed while filling up their information for which it is covered under "Terms and Conditions." If a customer after choosing the appropriate service enters the details of credit/debit card, net banking information and clicks on proceed, however the response time exceeds leading to a time out session. Meanwhile Bank has received the communication and processed it. Receipt is not generated by IFIPL leading the customers to repeat the transaction again.. Customer comes back to IFIPL for a refund. IFIPL will check through its Vendor interface on the completion of the transaction for that particular id, if valid, would request the payment gateway provider for a complete refund. Case of theft card or card being used by someone else without the knowledge of the authorized card holder. IFIPL does not validate the authenticity of the card. If a request comes from payment gateway provider, IFIPL would request its vendor to stop honouring such transactions. If the transaction has been completed then it's outside the preview of IFIPL. Case of a card by primary card holder and add-on card. Primary card holder is unaware of a valid transaction by the add-on card holder. Customer gets in touch with IFIPL; IFIPL will only forward the request to the payment gateway provider for clarification. IFIPL provides Terms and Conditions under which it operates. Vendors can enable their user id only by clicking on "agreed" to the Terms and Conditions. Further vendor enters into an agreement with IFIPL on Terms and Condition signed physically by both parties. It's vendor's responsibility to provide the correct information, list and price through IFIPL's vendor module. Change of information updation lies solely with vendor. Any queries raised by customer will be passed on to the vendor to update the correct information. Incase of frequent complaint IFIPL reserves the right to cancel the contract for unfair practice. However, vendor has to honour the remaining services for that period time for which transaction has been completed. IFIPL will only act as a mediatory between its customer and vendor. Level of services provided lies solely with vendor. Incase a transaction has not been honoured by the vendor; IFIPL will not remit the amount for that particular transaction. IFIPL as a policy will only remits completed transaction. Any consequential loss arising out of such loss to the customer will lie solely with the vendor. IFIPL in such case if found genuine will liaise with the vendor to compensate its customer accordingly. IFIPL has provisions of re-scheduling appointments. Incase customer cannot make it on the said date and time; IFIPL will liaise with the vendor for a suitable future date and time for appointment. IFIPL will not the charge the customer for the new appointment. Incase a customer sould like a refund of a valid transaction before availing the services, IFIPL will deduct the card charges plus IFIPL administration charges of 20% of the total transaction fee for the said customer. Nothing contained in www.ayushhealth.com™ is intended to be instructional for medical diagnosis or treatment without your consulting your family physician. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should be used in consultation with your own family physician or other qualified health care provider. Information obtained in www.ayushhealth.com™ is not exhaustive nor does it cover all diseases, ailments, physical conditions or their treatment offered by all the healthcare providers in a particular place. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read in www.ayushhealth.com™. The information contained in www.ayushhealth.com™ is compiled from a variety of sources ("Information Providers"). www.ayushhealth.com™ does not provide any services listed. The website is only an intermediary between customers and service providers. Health Service Providers do not provide such services on behalf of , or as part of www.ayushhealth.com™. www.ayushhealth.com™ SERVICES AND www.ayushhealth.com™ SOFTWARE AND INFORMATION ACCESSED Through www.ayushhealth.com™ (the "SERVICES") ARE provided "AS IS" without warranty, express or implied. www.ayushhealth.com™ hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the SERVICES. There are no warranties which extend beyond the description on the face OF THIS AGREEMENT.www.ayushhealth.com™ and Information and service providers to its consumers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. www.ayushhealth.com™, health services and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, disabilities, discomforts, demise including loss of data. www.ayushhealth.com™ and Health services/Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojans or other code that manifest contaminating or destructive properties. www.ayushhealth.com™ and Information and Service Providers do not warrant or guarantee that the functions or Services performed in www.ayushhealth.com™ will be uninterrupted or error-free or that defects in www.ayushhealth.com™ will be corrected. Users of www.ayushhealth.com™ are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to www.ayushhealth.com™ for the reconstruction of any lost data. Any real or perceived deficiency in services rendered by the service providers listed in the www.ayushhealth.com should be addressed to the particular vendor directly. www.ayushhealth.com is not responsible in any way for any deficiency in services delivered by the listed vendors. By using the services listed in the website, any online user first absolves the website of any legal liability for any grievance against any service provider listed in the website. However the customer is free to seek any appropriate legal remedy against any service provider as per the law of the land. Any online advice rendered by any licensed panelist of www.ayushhealth.com must be verified by your family physician before your taking recourse to such advice. This is mandatory that every online customer expressly agrees to absolve the website of any legal liability for any grievance against any panelist listed in the website before entering into any transaction. All panelists must be registered with the Indian Medical association or any equivalent body of the country where they practice their profession. Documentary proof of such affiliation must be physically mailed to the address of www.ayushhealth.com by the panelists, through a reputed courier. Since it is not physically possible to screen the authenticity of each and every panelist across the globe, it is expressly implied that any online advice rendered must be verified by your family physician before your taking recourse to such advice
- OTHER SITES:You are encouraged to use discretion while browsing the Internet on searches initiated at www.ayushhealth.com™. www.ayushhealth.com™ links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.It may also lead to sites which contain inaccurate information,false or misleading advertising,or information which violates copyright,libel or defamation laws. www.ayushhealth.com and Health services/Information Providers make no representations concerning any effort to review all of the content of sites listed in its catalog (indeed,given the number of results from any browsing which starts with a www.ayushhealth.com™ link that would be practically impossible).
- REVIEW OF POSTINGS & UPLOADS: www.ayushhealth.com™ does not and cannot review all communications and materials posted or uploaded to www.ayushhealth.com™ and is not responsible for the content of these communications and materials.However,www.ayushhealth.com reserves the right to block or remove communications or materials that it determines,in its sole discretion,to be (a) abusive, libelous,defamatory or obscene,(b)fraudulent,deceptive,or misleading,(c) in violation of a copyright or trademark,other intellectual property right of another or (d) offensive or otherwise unacceptable to www.ayushhealth.com™.ANY MESSAGES,ADVICE,OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
- LIMITED LICENSE By this Agreement, www.ayushhealth.com grants, subject to the terms of this Agreement,only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access,explore and otherwise use www.ayushhealth.com™ in real time and to use the materials in www.ayushhealth.com™ in a manner consistent with paragraph 11 (Copyright) below.
- USER'S AGREEMENT You agree to: (a) maintain all equipment required for your access to and use of www.ayushhealth.com™ ; (b) maintain the security of your user identification, password and other confidential information relating to your www.ayushhealth.com™ account; and (c) be responsible for all charges resulting from use of your www.ayushhealth.com™ account, including unauthorized use prior to your notifying www.ayushhealth.com of such use and taking steps to prevent its further occurrence by changing your password.
- ON-LINE COMMUNICATIONS 6.01 Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by www.ayushhealth.com™. www.ayushhealth.com™ cannot and does not screen content provided by you to www.ayushhealth.com™ . Notwithstanding the foregoing, www.ayushhealth.com reserves the right to monitor content on www.ayushhealth.com™ and to remove content, which www.ayushhealth.com, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or ayushhealth.com's operating policies for users of www.ayushhealth.com™ ("Users"). 6.02 You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use www.ayushhealth.com™ as permitted by this Agreement, www.ayushhealth.com's operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the www.ayushhealth.com™ area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). www.ayushhealth.com's operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available and/or will be made available online. www.ayushhealth.com reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them. 6.03 You are responsible for your communications and your use of www.ayushhealth.com™. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to www.ayushhealth.com™ with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use www.ayushhealth.com™ to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by www.ayushhealth.com); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or www.ayushhealth.com™; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or www.ayushhealth.com™; (m) use www.ayushhealth.com™ in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to www.ayushhealth.com™ the User directory or any portion thereof other than for personal, noncommercial purposes except as otherwise expressly permitted by Empower Health Corporation); (o) falsely purport to be an employee or agent of www.ayushhealth.com™ (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of www.ayushhealth.com™, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of www.ayushhealth.com to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in www.ayushhealth.com™, nonetheless, www.ayushhealth.com reserves the right to take such action as it deems appropriate in cases where www.ayushhealth.com™ is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on www.ayushhealth.com™, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
- PRIVACY POLICY www.ayushhealth.com considers its users' privacy to be of the utmost importance. Please see our Privacy Statement for a detailed description of our information gathering and dissemination practices for the www.ayushhealth.com Web site.
- OPERATION www.ayushhealth.com reserves complete and sole discretion with respect to the operation of ayushhealth.com. www.ayushhealth.com may, among other things: (a) delete email if it has not been accessed by a User within the time established by www.ayushhealth.com's policies; (b) subject to Section 6, make available to third parties information relating to www.ayushhealth.com™ and Users; and (c) withdraw, suspend or discontinue any functionality or feature of www.ayushhealth.com™. www.ayushhealth.com may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. www.ayushhealth.com will not review the contents of email except as required or allowed by applicable law or legal process.
- USER REPRESENTATIONS You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use www.ayushhealth.com™ in accordance with this Agreement. You agree to be financially responsible for your use of www.ayushhealth.com™ (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
- CONTENT Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, CPs, or Merchants appearing on www.ayushhealth.com™ are not authorized www.ayushhealth.com spokespersons, and their views do not necessarily reflect those of www.ayushhealth.com.
- COPYRIGHT The entire contents of www.ayushhealth.com™ are copyrighted as a collective work.The collective work includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of www.ayushhealth.com™ solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from www.ayushhealth.com™.
- LICENSES AND IDEA SUBMISSIONS You agree to grant to www.ayushhealth.com a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of www.ayushhealth.com™ (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against www.ayushhealth.com for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
- INDEMNIFICATION: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS www.ayushhealth.com, in effect Image Fusion Infotech private limited, and ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SERVICE PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING www.ayushhealth.com™ USING YOUR SERVICE ACCOUNT.
- WAIVER, RELEASE AND LIMITATION OF LIABILITY YOU AGREE THAT NEITHER www.ayushhealth.com™, in effect Imagefusion Infotech Private limited, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SERVICE PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF www.ayushhealth.com™. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST www.ayushhealth.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SERVICE PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF www.ayushhealth.com™. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF www.ayushhealth.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,SERVICE,INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL Image Fusion Infotech Private limited, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE SERVICES/INFORMATION OR OTHER PARTS OF www.ayushhealth.com™ ARE HEREBY EXCLUDED EVEN IF www.ayushhealth.com ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SERVICE PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THIRD PARTY RIGHTS The provisions of paragraphs 14 (Indemnification) and 15 (Waiver, Release and Limitation of Liability) are for the benefit www.ayushhealth.com in effect Image Fusion Infotech Private Limited and its officers, directors, employees, agents, licensors, suppliers, service providers and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- TERMINATION Either you or www.ayushhealth.com may terminate your right to use www.ayushhealth.com™ at any time, with or without cause, upon notice. www.ayushhealth.com also reserves the right to terminate or suspend your www.ayushhealth.com™ membership without prior notice, but www.ayushhealth.com will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall survive any termination of this Agreement.
- MISCELLANEOUS This Agreement shall be governed by and construed in accordance with the laws of the State of Tamil Nadu, India. You agree that any legal action or proceeding between www.ayushhealth.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Chennai, Tamil Nadu, India. Any cause of action or claim you may have with respect to www.ayushhealth.com must be commenced within one (1) year after the claim or cause of action arises. www.ayushhealth.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. www.ayushhealth.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
- NOTICE www.ayushhealth.com may deliver notice to you under this Agreement by means of electronic mail, a general notice on www.ayushhealth.com™ , or by written communication delivered by first class surface mail to your address on record in www.ayushhealth.com's account information. You may give notice to www.ayushhealth.com at any time via electronic mail to www.ayushhealth.com™ or by letter delivered by first class postage prepaid surface mail or overnight courier to the following address: www.ayushhealth.com, Image Fusion Infotech Private limited , No 17, Hanumantha Road, Balaji Nagar, Royapettah, Chennai, Pin: 600 014. Tamil Nadu, INDIA. Attn: CustomerCare. E-Mail: customercare@ayushhealth.com
- SEVERABILITY The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
- Complaint period: Customers seeking redressal of their grievances will have to report to customercare@ayushhealth.com within 24 hours and a surface mail through a reputed courier to the mail address of IFIPL within 3 days. The same will be forwarded to the service provider for necessary action. IFIPL will not undertake any responsibility for any deficiency in the services provided by the service providers listed in the ayushhealth.com portal. This is in view of the fact that none of the service providers render the services on behalf of IFIPL. IFIPL does not own any interest in any of the service providers spread across all over the country. As a customer one has to agree to expressly to absolve IFIPL from any liability against any deficiency in services rendered by the listed service providers before going ahead with completing a transaction. This will absolve the payment gateway providers as well. Any grievance against any service provider will have to be settled in between the service provider and yourself according to the law of the land.
- Refunds: The refund policy has already been explicitly explained in Para 1. of this disclaimer and terms and conditions of use. You have to proceed further only if you agree to abide by all the said terms and conditions put forth for your careful consideration, before you initiate a transaction.
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