BY ACCESSING OR OTHERWISE USING THE WEBSITE, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY (AS DEFINED BELOW).
IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO NOT USE OR ACCESS OR REGISTER FOR ANY SERVICES OFFERED ON OR THROUGH THE WEBSITE.
- “Company” or “Us” or “We” or “Our” shall mean:
- For Users residing outside the territory of India, Avegen Limited, a limited liability company registered under the laws of United Kingdom, having company number: 09562713, with its operating office at Rivertech, Basing House, 46 High Street Rickmansworth, WD3 1HP, United Kingdom; and
- For Users residing within the territory of India, Avegen India Private Limited, a limited liability company registered under the laws of India having CIN: U74999PN2015PTC194260, with its registered office at Row House No. 30 Rolling Hills Appt., S. No. 5/2/1 Baner, Pune-411045, Maharashtra, India.
- “Customer(s)” or “You” or “Your” or “User” shall mean the users of the Website, including, but not limited to, individuals, companies, agents, or other similar persons, who use the Website and avail the Services offered by the Company, through the Website.
- “Website” shall mean and include the proprietary website of the Company, hosted under the domain name https://avegenhealth.com, http://www.healthmachine.io/ or http://www.togetherforher.com/, as the case may be.
- “Services” shall mean the services provided to the Customers by the Company through the Website.
- ACCESS TO THE WEBSITE
- By accessing the Website, you represent and warrant that you are of the age of majority in the jurisdiction in which you reside or, are registering through your parents or guardians, who are of the age of the majority in the jurisdiction, in which you reside (“Representative”). You and your Representatives agree to:
- provide accurate, authenticated and true information about yourself;
- maintain the security of your identification;
- promptly update the email address and mobile number listed in connection with your use of the Website, if required to do so, to keep it accurate so that we may contact you; and
- be fully responsible for all actions carried out through your use of the Website.
- You must not access the Website on behalf of another individual or entity unless you are a Representative, legally authorized to do so.
- Registration with the Website does not make you a member, shareholder or affiliate of the Company for any purposes whatsoever, nor shall you have any of the rights of statutory members of the Company.
- Unauthorized Use; False Information: You shall: (i) notify us immediately of any unauthorized use of the Website or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the Website, that is known to you or suspected by you, and (iii) not provide false identity or information to gain access to or use the Website.
- SCOPE OF THE WEBSITE AND USER ACCEPTANCE POLICY
- The Website facilitates the use of Services by the Customer. The usage of the Website and Services are subject to certain policies and restrictions captured under this Section.
- The Internet is intended for use by mature adults and by minors when supervised by mature adults. Our Customers are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users, including other Customers of the Website. The Customer is expected to have a basic knowledge of how the Internet functions, the types of use which are generally acceptable, and the types of use which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
- Selecting your hospital on the Website:
Certain components of the Website and the Service allows you to peruse reviews of hospitals or any other health care providers (the “Providers”).
- You agree to use the Website only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Website by the Company or other Users.
- Server Abuse:
Any attempt by the Customer to undermine or cause harm to a server, or customer of the Website, either directly or indirectly, is strictly prohibited.
- Unauthorized use of the Website or other Users’ computers:
You are fully responsible for all activities that occur through your use of the Website. You agree to immediately notify the Company of any unauthorized use of the Website or any other breach of security. The Website is strictly against and shall strongly react to any unauthorized use or attempted use of the Website by a User or through a User’s computer without the applicable User’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
- Unsolicited commercial e-mail:
Sending of unsolicited commercial email/SPAM/Mass Mailing from or through the Website’s server or using an email address that is maintained on a Website server is strictly prohibited.
- Lawful Purpose:
You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by the Company. You shall not use any 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 in any way, reproduce or circumvent the navigational structure or presentation of the Website, materials or any Company property, to obtain or attempt to obtain any materials, documents or information, through any means not specifically made available through the Website. The Company reserves the right to refuse Services to anyone. Customers may only use the Company’s server for lawful purpose. Transmission of any material in violation of any law/regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The Company expressly forbids anyone from using the Company’s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of the Company management.
- PRICING AND PAYMENT POLICIES
- For availing certain Services through to Website, you may be required to pay a fees to the Company. The Customer is responsible for all money owed by the applicable Customer, from the time it was established to the time that the Customer notifies the Company in writing for a request for termination of Services and the same is accepted by the Company in writing.
- You can elect to pay for continued access to the Services, through various modes of payment:
as may be acceptable to and made available by the Company.
- We shall be under no liability whatsoever, in respect of any loss or damage arising directly or indirectly out of the lack of authorization for any transaction by you, having exceeded the credit limit with your bank or for any payment failure or issue, arising out of the transaction.
- The Website utilizes a payment gateway for online payments. Every User, who elects to pay online using such payment gateway, hereby agrees to provide accurate information, such as credit/debit card information for purchasing on the Website. Every User further warrants that he/she shall not use any payment information or instrument that is not lawfully owned by the User. The Website disclaims all liabilities arising out of loss of any information pertaining to the confidentiality of the credit/debit card details or any pre-paid instruments. In addition to these Terms, the terms and conditions of the concerned bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of the failure to process payments by such banks or financial institutions.
- If the Company terminates your use of the Website, or if the payment by you for Services cannot be completed for any reason, you shall be obligated to pay the Company for all unpaid fees, in addition to any penalties, as may be applicable.
- CONTENT AVAILABLE
The Company does not make any warranty or representations for the Services provided on the Website. The Company shall not be held liable under any circumstances including, but not limiting to any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, liability, claims or omission of information or details posted, or any link accessible or made available through this Website. You understand that by using this Website, you may be exposed to content that may be incomplete, old, offensive and/or objectionable due to any reason whatsoever. The Company assumes no responsibility for such content. You agree that you are solely responsible for your use of the Services made available through the Website, and the Company shall not be responsible and/or liable for any consequences arising from such use.
- ADVERTISEMENTS AND INTERACTIONS WITH OTHER USERS
The Website may contain third party advertisements and links to platforms and associated services. The display of such advertisements and links, does not, in any way imply an endorsement or recommendation by the Company of the relevant advertiser or the merchant, its products or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
- OWNERSHIP OF INTELLECTUAL PROPERTY
- The Website and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Website are owned by the Company and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant you any rights to the intellectual property rights contained in the Website.
- The Company respects copyright, and we prohibit Users from submitting, uploading, posting, or otherwise transmitting any content or details through the Website that violates another person’s or entity’s proprietary rights.
- If we receive any intellectual property right infringement claim notification against any content posted by you on the Website, we may remove all such content, which is indicated as infringing and/or take any other appropriate action, in our sole discretion.
- All material on this Website, including but not limited to audio, images, photographs, software, text, icons and such like content (the “Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the Content or works of other Users, except as specified herein.
- There may be proprietary logos, service marks and trademarks found on the Website whether owned/used by us, other Users or otherwise. By displaying them on the Website we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content or works of other Users, may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
- You may choose to, or we may invite you or any third parties to submit or you may submit or take part in chats, testimonials, blogs, photographs, content, whitepapers, comments, newsletters, reviews, ratings about the Services, including without limitation about how to improve the features of the Website (“Feedback”). By submitting such Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation to maintain the secrecy of such Feedback, and that we are free to use the Feedback, without any additional compensation to you, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company or developed by its employees or obtained from sources other than you.
In case you wish to submit any oral Feedback or raise a complaint, please write to Support@healthmachine.io
- Policies for Notification of Infringement:
It is the Company’s policy to comply with all intellectual property laws and to act expeditiously upon receiving notice of claimed infringement. Notices of copyright infringement shall contain the following information:
- A physical signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone and Fax number of the complaining party.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Companydia.net will terminate all account holders and subscribers who are repeat infringers of intellectual property laws.
Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the features, functionalities, processes, data and information regarding the Website, or other information of a confidential nature disclosed by the Company to the User under these Terms, in any form (“Confidential Information”). Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the User from a third party, without breach of these Terms; (iii) was already in the possession of the User, without confidentiality restrictions, at the time of disclosure by the Company; (iv) is permitted for disclosure by the Company in writing; (v) independently developed by the User without use of Confidential Information; (vi) is required to be disclosed by the Company, pursuant to any order or requirement from a court, administrative or governmental agency. The User agrees not to use any Confidential Information for any purpose except as stated in these Terms.
- PROHIBITED CONDUCT
You agree not to engage in any of the following activities:
- Violating laws and rights:
You may not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, by use of the Website.
You may not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other User’s use and enjoyment of the Website; including by:
- uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
- interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.
- Harming others:
You may not share or transmit anything that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or which incite the commission of an illegal or violent act;
- Impersonation, Misrepresentation or unauthorized access:
You will not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Website, nor will you misrepresent your intellectual property rights in or to any content, for the purposes of uploading the same on the Website;
- Developing competing offerings:
You will not use the Website to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Website.
- Offensive or Infringing Content:
In the event you are at the receiving end of any offensive content or are the victim of any such actions of any other User or Customer or your work has been infringed and is being displayed as on the Website, you are encouraged to report such content to the Company. The Company shall delete such offensive content and take any other corrective action as it deems fit. The Company shall also provide notice to the User, indulging in infringement of your work.
- You understand and acknowledge that if you indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate your right to use the Website and the Services and take any other corrective action as it deems fit.
- DEALINGS WITH THIRD PARTY ORGANISATIONS AND INDIVIDUALS
You agree and acknowledge that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings or interactions with third party organisations and individuals through the Website. In the event that you have a dispute with one or more other third -party organisation or individuals or any other Users, you hereby release the Company, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website. You further acknowledge and agree that the Company shall not be responsible or liable for any loss or damage of any sort, nor shall it be liable to initiate any legal proceedings or avail for you or assist you in availing any injunctive relief in the event of infringement of any work by any other User, either by misuse or misrepresentation of ownership in such work, by such other User.
- DISCLAIMER OF WARRANTIES
PLEASE NOTE THAT SOME OF THE CONTENT THAT MAY BE AVAILABLE ON THE WEBSITE MAY BE PROVIDED BY PROVIDERS IN THE MEDICAL PROFESSION. THE PROVISION OF SUCH INFORMATION DOES NOT CREATE A LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP, BETWEEN THE COMPANY AND YOU AND DOES NOT CONSTITUTE AN OPINION, MEDICAL ADVICE, OR DIAGNOSIS OR TREATMENT OF ANY PARTICULAR CONDITION, BUT IS ONLY PROVIDED TO ASSIST YOU WITH LOCATING APPROPRIATE MEDICAL CARE FROM A QUALIFIED PRACTITIONER OR LOCATING A PROVIDER. THE COMPANY AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PROVIDERS AND SERVICES PROVIDED BY THE COMPANY ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, THE WEBSITE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS PARTNERS, RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, ANY PLATFORM, APP, THE WEBSITE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY AND/OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE OR COMPANY’S SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE COMPANY’S WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AT ANY STAGE IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY SERVICES OR WITH ANY PROVIDERS, PROVIDED BY THE COMPANY OR ITS PARTNERS, OR WITH ANY OF TERMS CONTAINED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND COMPANY’S SERVICES. THE RELATIONSHIP BETWEEN YOU AND THE COMPANY SHALL BE GOVERNED BY THE LAWS OF UNITED KINGDOM WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND THE COMPANY AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN UNITED KINGDOM.
Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including attorney’s fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of or relating to:
- any breach of these Terms;
- any breach of applicable laws;
- transactions (present and subsequent) between you and the Company or any third-party advertisers;
- your use of and access to the Website and/ or Services.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE INFORMATION PROVIDED THROUGH IT, INCLUDING WITHOUT LIMITATION,THE DAMAGES THAT ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES PROVIDED THROUGH IT. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR CUSTOMER OR THIRD PARTY, OR MISREPRESENTATION AS TO OWNERSHIP IN THE INTELLECTUAL PROPERTY RIGHTS OR ANY INFRINGEMENT BY THE CUSTOMER’S CONTENT, AND THAT, THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE IS FACILITATED, CONTROLLED AND OFFERED BY THE COMPANY FROM ITS FACILITIES IN THE UNITED KINGDOM OR INDIA. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR ANY ORDER, GIVING RISE TO SUCH CLAIM AND IN THE EVENT THE CUSTOMER IS USING THE FREE VERSION OF THE WEBSITE, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY, SHALL NOT EXCEED £1/ INR 50.
- CANCELLATION OR TERMINATION
The Company reserves the right to cancel the Services at any time. Any violation of policies which results in extra costs will be billed to the Customer. The Customer shall not be entitled to any refund in the event of termination or cancellation or stoppage of provision of Services under these Terms.
The Disclaimer of Warranties, the Limitation of Liability, Indemnity and the Jurisdiction and Applicable Laws provisions will survive any termination of these Terms.
- MISCELLANEOUS TERMS
- Choice of Law and Jurisdiction:
These Terms are governed by and shall be construed according to:
- The laws of United Kingdom, where the Website is being accessed by Users outside the territory of India; and
- The laws of India, where the Website is being accessed by Users within the territory of India.
The acceptance of the Terms shall be deemed to have been given in United Kingdom or India, as the case may be in accordance with 18.1 (a) and 18. 1( b) respectively and the courts in United Kingdom shall have exclusive jurisdiction in relation to any matters arising under 18.1 (a) and the courts in Pune, Maharashtra, India, in relation to any matters arising under 18.1 (b), to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities of the Parties arising under these Terms.
- No waiver:
The Company’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.
If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- No agency relationship:
You agree that no joint venture, employment, or agency relationship exists between you and the Company as a result of these Terms or due to your use of the Website.
- Entire Agreement:
- ELECTRONIC RECORD
- COMPLIANCE AND CHANGE IN TERMS
All customers, resellers, affiliates and dedicated servers of the Company must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation. Complaints about violators of our policies should be referred to firstname.lastname@example.org. Each complaint will be investigated.
We may update these Terms without notice to you. You are encouraged to check these Terms on a regular basis to be aware of the changes made to it. Your continued use of the Website after such change shall be deemed to be your acceptance of the revised Terms.
The Terms were last modified on September 8th, 2021.