Thank you for using our analytical services. Please read the follow terms of our service. By using our services for health checkup and analysis, you, the customer (“You”) hereby contract with us, Houronearth Creative Solutions Private Limited (“AyuRythm”) and agree to use our services in accordance with the terms and conditions set forth herein below. The domain name www.AyuRythm.com is owned by the Company and this mobile application is proprietary software of the Company.
All users of this mobile application (Application) are advised to read and understand the Terms of Use carefully, as by accessing the Application you agree to be bound by the same.
By downloading or accessing the Website/Mobile App to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, theSubscription Terms of Service andPrivacy Policy, as available on the Website/App, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website/App to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
If you do not agree with the Terms of Use of the application, please do not use or access the Application. As such your access or use of the Application implies your acceptance of the said terms of use, as amended from time to time, and constitutes an agreement between you and the Company (User Agreement).
Your access to use of the Website / App and the Services will be solely at the discretion of “AyuRythm”.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. The Terms of Use herein are subject to change from time to time by the Company without notice. It is strongly recommended that you periodically review the Terms of Use as available on the Application.
The terms ‘visitor’, ‘user’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Application at any point in time.
Should you have any clarifications regarding the Terms of Use, please do not hesitate to contact us at info@AyuRythm.com. The Application is a platform for users to undertake medical analysis / health checkup services and purchase of products with third parties. The Company is not and cannot be a party to or control in any manner any transaction between you and the third party service providers.
As part of the registration process on the Application, the Company may collect the following personally identifiable information about you: Name – including first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Application you visit/access, the links you click on the Application, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company which is incorporated in these Terms of Use by reference. Eligibility Services on the Application would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Application.
However, if you are a minor, i.e. under the age of 18 years, you may use the Application under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The Company reserves the right to terminate or refuse your registration, or refuse to permit access to the Application, if it is discovered or brought to its notice that you are a minor.
License & Access
The Company grants you a limited sub-license to access and make personal use of the Application, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Application or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Application or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Application or any portion of the Application may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Application or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application or to any server, computer, network, or to any of the services offered on or through the Application, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which belongs to another person and to which you do not have any right; 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; harms minors in any way; infringes any patent, trademark, copyright or other proprietary/intellectual property rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or(x) is misleading or known to be false in any way.
Account & Registration Obligation
All users have to register and login for using the health analysis / medical checkup / placing orders on the Application. You must keep your account and registration details current and correct for communications related to your services opted from the Application. By agreeing to the Terms of Use, the user agrees to receive promotional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by unsubscribing on the Application itself, or by contacting the customer services team and placing a request for unsubscribing.
We maintain a negative list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any subscription / orders placed by them in future.
Terms of Use
The following Terms & Conditions shall apply to customers / users utilizing the Services offered by the Company for the usage of services or placing orders for purchase of products:
You shall pay the fees to the service provider which includes a minimum subscription charge as displayed on the Website/App (some services may be free of subscription charges) and cost of products or items that might be ordered through the Website/App.
You agree and accept that the use of the Services provided by the Company is at your sole risk and further acknowledge that the Company disclaims all representations and warranties of any kind, whether express or implied.
You agree and acknowledge that the use of the Services offered by AyuRythm is at your sole risk and that AyuRythm disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
The subscriber should not use AyuRythm as a medical device or diagnostic tool. The user should consult relevant doctor / medical professional for any health related issues and should not use AyuRythm as a medical guide. The user should not make any medical decision using AyuRythm, for which the user will be solely responsible and HCSPL would not be liable for any claims whatsoever. AyuRythm is not a substitute to any allopathic treatment or medication and user should not discontinue any current treatment of medication without expert advice from a doctor.
Without prejudice to the above, AyuRythm makes no representation or warranty that the Services will meet the customer’s requirements.
In all circumstances AyuRythm’s liability is limited to the service fee paid by you for the transaction in question.
AyuRythm will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
You shall indemnify AyuRythm from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which AyuRythm may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by You and shall pay such sums on demand of the AyuRythm.
AyuRythm shall be entitled at any time without giving any reason to terminate the booking of subscription or products done by you.
If you have any complaint in respect of the Services, You have to inform AyuRythm of the same in writing within 24hours of using the Services of AyuRythm.
To enable us to provide you with better services, AyuRythm uses the services of third parties. All of such third parties are independent of AyuRythm. AyuRythm shall not be liable for any conduct or behavior or actions of third party service providers. However, AyuRythm encourages you to notify us of any complaints that you may have against any third-party service providers that You may have hired using the AyuRythm’s Services.
It is expressly made clear to you hereby that AyuRythm does not own any tools, devices or parts used by service providers nor does it directly or indirectly employ any service providers. Service providers are supplied by third parties and AyuRythm disclaims any and all liability in respect of the service providers, the tools they use and the devices, if any, forming part of the service.
Without prejudice to the generality of the above, AyuRythm will not be liable for:
– any quality of the service being provided; any type of inconvenience suffered by the User due to a failure on the part of the services, or similar difficulties; any misconduct or inappropriate behaviour by the product delivery staff; cancellation or rescheduling of booked appointment or any variance in the fees charged; any eventualities that might occur subsequent to using the services, which the User has selected on the basis of the information available on the Website / App or with whom the User has booked an appointment through the Website / App
It is hereby expressly clarified that, the Information that you obtain or receive from AyuRythm, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information
In the event the User has posted an order by selecting the product dealer, AyuRythm shall provide the User an option to directly remit the amount to the product dealer through AyuRythm. Upon receipt of the payment, the product dealershall provide the products opted for. The amount paid to the product dealer is non-refundable and AyuRythm is not responsible for the nature of products provided by the product dealer
Our price list on the website / app is indicative. Prices may change without prior notice, without affecting orders which have already been accepted.
Further, AyuRythm shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at AyuRythm’s sole discretion and may be modified or withdrawn at its sole discretion. AyuRythm may moderate such feedback at any time.
The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Application will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Application will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Application. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on the Application from a third party shall be at your sole risk and expense.
Copyright & Trademark
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Application. Access to or use of the Application does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Application are owned by or licensed to the Company. Any use of the Application or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.
You may not modify, distribute or re-post anything on the Application for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Application. Access to or use of the Application does not authorize anyone to use any name, logo or mark in any manner. References on the Application to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.
Objectionable Material
You understand that by using the Application or any services provided on the Application, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Application and any service at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.
Terms of product dealers
The terms in this Clause are applicable only to Product Dealers.
Listing Policy
AyuRythm, directly and indirectly, collects information regarding the product dealers’ profiles, contact details, and practice. AyuRythm reserves the right to take down any Product Dealers’ profile as well as the right to display the profile of the Product Dealers, with or without notice to the concerned Product Dealer. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the mobile app in connection with you and your profile is found to be incorrect, you are required to inform AyuRythm immediately to enable AyuRythm to make the necessary amendments.
AyuRythm shall not be liable and responsible for the ranking of the Product Dealers on external websites and search engines
AyuRythm shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by AyuRythm, where the User has expressly or implicitly consented to the making of disclosures or publications by AyuRythm. If the User had revoked such consent under the terms of the Privacy Policy, then AyuRythm shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by AyuRythm prior to its actual receipt of such revocation.
AyuRythm reserves the right to moderate the suggestions made by the Product Dealers through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, AyuRythm shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Product Dealers are added to the Website.
AyuRythm reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
You as a product dealer hereby represent and warrant that you will products which is as per the specification given in the website and would adhere to all applicable guidelines as per the applicable law. Any contravention of applicable law as a result of your use of these Products is your sole responsibility, and AyuRythm accepts no liability for the same.
PROFILE
Ownership & Editing Rights
AyuRythm ensures easy access to the produce dealers by providing a tool to update your profile information. AyuRythmreserves the right of ownership of all the product dealer’s profile and photographs and to moderate the changes or updates requested by product dealers. However, AyuRythm takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using AyuRythm’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, AyuRythmmay modify or delete parts of your profile information at its sole discretion with or without notice to you.
RANKING ALGORITHM
AyuRythm has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific product dealers. AyuRythm shall not be liable for any effect on the product dealer’s business interests due to the rank of the product dealer in the Ranking Algorithm.
INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by AyuRythm.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors 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, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-compliance with any of your obligations under these Terms of Use, or arising out of a violation of any applicable laws, including but not limited in relation to 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 and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Limitation of Liability
The aggregate liability of the Company, if any, that can be established and proved pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
Termination
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Application. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Application.
Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Application or affect any liability that may have arisen under the User Agreement prior to the date of termination.
Governing and Jurisdiction
The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Bangalore and the language of the arbitration shall be English.
Subject to the aforesaid, the Courts at Bangalore shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.
Grievance Policy
In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the Application, including those pertaining to breach of the Terms of Use or and other polices are published as under.
Abhilesh Gupta
Houronearth Creative Solutions Private Limited
258/4, Groud Floor,
1st Main, Talacauvery Layout,
Behind Basavanagar bus Stand,
Basavanagar, Bangalore 560037
Email address: info@AyuRythm.com
SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by AyuRythm. Any consent by AyuRythm to, or a waiver by AyuRythm of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE