Please read this document carefully. By accessing or using www.claimtherapist.com, you agree to be bound by the terms and conditions set forth below. If you do not agree with any of these terms and conditions, you should not access or use www.claimtherapist.com. We recommend that you print a copy of these Terms and Conditions for future reference. If you have any questions about these terms, please contact us at firstname.lastname@example.org.
If you utilize www.claimtherapist.com in a manner inconsistent with these terms and conditions, ANH Technologies Private Limited may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
This document is an electronic record in terms of the 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.
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
By accessing the Site or Services and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilise the Service of the site, they shall do so only with the involvement & guidance of their parents and/or legal guardians, under such Parent/Legal guardian's registered account. You agree to register prior to uploading any content and/or comment and any other use of Services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.
Our site is directed to people residing in India. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Additional policies which also apply to your use of the Site include:
● Our Privacy Notice (https://www.claimtherapist.com/privacy), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
The supplemental policies, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
Certain parts of this Site can be used only on payment of a fee. If you wish to use such Services, you will, in addition to our Terms and Conditions, also be subject to those specific Terms and Conditions.
"User" or "You" means any hospital (“Hospital”) that accesses or avails this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views or avails the Services of the Company and the person/patient (“Patient”) who has shared their information with the Company or has availed the services of the Company.
“Applicable Law” means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, authorisations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement.
"Company" is defined as ANH Technologies Private Limited, an existing Company under the Companies Act, 2013 having its corporate office at Flat no. 406, Udyog Vihar Phase 3 Rd, Sector 20, Gurugram, Haryana – 122016.
The terms “Party” & “Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
“Information” shall mean the information about the User as collected by the Company which includes:
(a) Information supplied by Users and
(b) Information automatically tracked while navigation (“Information”).
Information may also include Sensitive Personal Data (“SPDI”) defined under Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“the SPDI Rules”) which includes
financial information such as Bank account or credit card or debit card or other payment instrument details;
physical, physiological and mental health conditions;
medical records and history;
any detail relating to the above clauses as provided to the Company for providing Service; and
any of the information received under above clauses by the Company for processing, stored or processed under lawful contract or otherwise.
"Services" shall mean the services to be provided by the Company to the User and shall include insurance management facilities, Claim Desk Management, delivery of information regarding the products, offerings, content and other related services.
Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons include individuals, bodies corporate and unincorporated.
Our full Acceptable Use Policy https://www.claimtherapist.com/aup sets out all the permitted uses and prohibited uses of this site/Services.
You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a User of this Site, you agree not to falsely imply a relationship with us or another company with whom you do not have a relationship.
INFORMATION RECEIVED, COLLECTED AND STORED BY THE COMPANY
A. Information Supplied By Users
We collect Information that you voluntarily provide to us when registering at the Services expressing an interest in obtaining information about us or our products and services, when participating in activities of the Services or otherwise contacting us.
The Information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The Information we collect can include the following:
Personal Information means any information that relates to or identifies you and/or your family members and/or your dependents and may include first name, maiden name, last name, and nickname; ID; phone numbers; email addresses; birth, marriage, divorce, and death records; family member names and their related information; Insurance Policy; Insurance Claim; and other similar data.
Further, you would be required to give us certain Sensitive Personal Data or Information about you and/or your family members and/or your dependents. Sensitive Personal Data or Information shall mean such Personal Information which consists of information relating to
● Financial information such as bank account or any other payment instrument details;
● Physical, physiological and mental health condition;
● Medical records and history; and
● Any detail relating to the above
3. We inform you that our Sites may collect certain Personal Information and/or Sensitive Personal Data or Information about you and/or your family members and/or your dependents such as medical and health records including but not limited to your prescription, test reports, past medical history, data held by a hospital or doctor etc.
Personal Information Provided by You
We collect data about app usage; data collected from surveys; insurance policy purchase history; insurance policy details and updates; financial information (bank account, claim history, invoices); and other similar data.
Social Media Login Data
We may provide you with the option to register using social media account details, like your Google, Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called "Third Party Social Media Account Details” below.
All Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Information.
INFORMATION AUTOMATICALLY COLLECTED/ TRACKED WHILE NAVIGATION
To improve the responsiveness of the Sites for our Users, we may use "cookies", or similar electronic tools to collect Information to assign each visitor a unique, random number as a User Identification (User ID) to understand the User's individual interests using the identified computer or device. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer or device.
The only Information a cookie can contain is Information you supply. A cookie cannot read data off your hard drive or device. Our advertisers may also assign their own cookies to your browser (if you click on their ads etc.), a process that we do not control. We receive and store certain types of Information whenever you interact with us via Site or Service though your computer/laptop/netbook or mobile/tablet/pad/handheld device etc.
Log File Information
We automatically collect certain Information when you visit, use or navigate the Services. This Information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This Information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
We collect devices; tools and protocols, such as IP (Internet Protocol) addresses; cookie identifiers, or others such as the ones used for analytics and marketing; device's geolocation; applications; and other similar data.
Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.
To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
INFORMATION FROM OTHER SOURCES
We may obtain Information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties, add it to our account Information and treat it in accordance with this Policy. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, User identification numbers for your contacts, profile picture URL, and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links). We will inform you about the source of Information and the type of Information we have collected about you within a reasonable period after obtaining the data, but at the latest within one month.
Google Maps APIs
By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at any time. We use Information about location in conjunction with data from other data providers.
Third Party Social Media Account Details
Our Services offer you the ability to register and login using your third party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile Information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other Information you choose to make public.
We will use the Information we receive only for the purposes that are described in this Policy or that are otherwise made clear to you on the Services. Please note that we do not control, and are not responsible for, other uses of your Information by your third party social media provider. We recommend that you review their Policy to understand how they collect, use and share your Information, and how you can set your privacy preferences on their sites and apps.
Any personally identifiable Information provided by you will not be considered as sensitive if it is freely available and / or accessible in the public domain like any comments, messages, blogs, scribbles available on social platforms like Facebook, Twitter etc.
Any posted/uploaded/conveyed/communicated by users on the public sections of the Sites becomes published content and is not considered personally identifiable Information subject to this Policy.
LINK TO THIRD PARTY CONTENT
The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.
We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
OBLIGATIONS OF USER
You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at our email email@example.com.
The accuracy of the Information given to the Company for the Service shall be the sole responsibility of the User.
The accuracy of the information provided by the User to the Insurance Company, Hospital or for other similar purposes will be the sole responsibility of the User. The Company will not be liable or responsible for any inaccuracies in that information and the resultant loss, damages or inconvenience suffered.
The User agrees that any data entered into herein will be subject to a mandatory verification process by the Company.
The User shall immediately notify the Company of any unauthorised use of the User's account or any other breach of security known to the User.
The User may post content to the Site or send feedback to the Company (User Content). The User understands and agrees that the User’s Content may be viewed by other Users on the Site and that they may be able to see who has posted that User Content.
The User further agrees that the Company can use User Content for any other purposes whatsoever in perpetuity without payment to the User, and combine the User’s Content with other content for use within the Site and otherwise. The Company does not have to attribute the User Content to the User.
In posting User Content, including reviews or making contact with other Users of the Site you shall comply with our Acceptable Use Policy.
The User warrants that in case any User Content does comply with our Acceptable Use Policy, the User will be liable to us and indemnify us for any breach of that warranty. This means the User will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
The User of the website agrees to indemnify and keep the Company indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him and not to any other third party.
The User agrees that the Company has the right to remove any User Content the User put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
The Company is not responsible and accepts no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other Users on the Site do not represent our views or values
If you wish to complain about User Content uploaded by other Users please contact us at firstname.lastname@example.org.
Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site are owned or licensed to us, and are protected by copyright and trademark laws.
Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
You shall not:
(a) Try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or
(b) Make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
(a) Prepare the Site and Our Content with reasonable skill and care; and
(b) Use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
DISCLAIMER/LIMITATION OF LIABILITY
The Site and Services are provided on an “as-is” and “as-available” basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any:
(1) Errors or omissions in content;
(2) Any unauthorized access to or use of our servers and/or any personal information and/or financial information stored on our server;
(3) Any interruption or cessation of transmission to or from the site or services;
(4) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party.
We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
Our responsibility for loss or damage suffered by you.
In no event shall the Company be responsible to any person or entity for any loss or damage, whether direct, indirect, incidental, consequential or otherwise, arising out of access or use or dissemination of information contained on this web site or in any way connected to the use or performance of the services, including, but not limited to, loss of profits, data, or damage to the User's computer systems.
We do not guarantee, represent or warrant that your use of the service will be uninterrupted or error-free, and you agree that from time to time we may remove the service for indefinite periods of time, or cancel the service at any time, without notice to you. You expressly agree that your use of the service is at your own risk and you acknowledge that we are not responsible for any faults or errors, including loss, corruption or misuse of your data.
In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages whatsoever, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected to the use or performance of the services.
In the case of any fault, negligence or error on the User’s part including but limited to any inaccuracy of information provided by the Patient to the Hospital, insurance company or the Company, unsatisfactory service by the Hospital to the Patient etc., the Company shall not hold any liability or responsibility.
The Company will take due care and diligence to secure the Information received and in provision of the services. The Company will not be liable or responsible in case of any loss or damage to the User or to any person if the Information is leaked or misused in a situation which the Company could not have controlled or foreseen even after due care and diligence.
The Company will not be liable to make the remainder payment in case the full invoice amount is not paid by the Insurance Company. The Patient will be liable for the payment of the remaining amount to the Hospital.
The Company will not be liable to make the payment to the Hospital over and above the amount discharged by the Insurance Company.
The Company will not be liable to make any payment to the Insurance Company on behalf of the User as the Insurance Policy Premium or other payments.
Any fault, error, omission, mistake or negligence by the Hospital, Patient or Insurance Company will be their own sole responsibility and the Company will not be liable for the same and any resultant loss, damage or inconvenience.
We have stringent, strong, security measures undertaken to ensure against the loss, misuse or alteration of Personal Information and/or Sensitive Personal Data or Information about you and/or your family members and/or your dependents with us. We shall take all necessary precautions to safeguard your information and protect it from any unauthorized use. We have SSL Certificate issued by trusted certification authority and other safety measures in place to guard your information with us against any theft or unlawful usage or modification thereof. The Information Security Management System of the Company conforms to the ISO 27001:2013 standard.
However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your Information, transmission of Information to and from our Services is at your own risk. You should only access the services within a secure environment.
SENSITIVE PERSONAL DATA
SPDI may be disclosed to government authorities mandated under law to obtain Information for the purpose of verification of identity or for prevention, detection, and investigation without obtaining the consent of the Users.
Option to Withdraw Consent
The User can withdraw its consent by informing the Company in writing.
These Terms and Conditions and any policies or operating rules posted by us on the Site or with respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
You are not permitted to use the Company’s trademarks without our approval unless they are part of material our Site explicitly states you are permitted to use.
We may assign any or all of our rights and obligations to others at any time.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us by email at email@example.com or by post to:
ANH Technologies Private Limited
Flat no. 406, Udyog Vihar Phase 3 Rd
Gurugram, Haryana 122016
The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on the website except such data and Information which is posted by the particular User himself.
You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -
Belongs to another person and to which you do not have any right to;
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;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person
CONFIDENTIALITY & SECURITY
To protect the secrecy of the User Identification and/or password the User shall take all such measures as may be necessary.
In the event of theft or/and loss of User identification or/and password or/and security word, the User shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
The User shall take all necessary precautions to prevent unauthorized access or/and leakage of the Username or/and password being provided by the Company to him.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a User of the Site, as applicable. The User may terminate the use or participation at any time, for any reason, by following the instructions for terminating User accounts in your account settings, if available, or by contacting us at firstname.lastname@example.org .
Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
We may terminate these Terms and Conditions at any time, for any reason, including for convenience.
If we terminate or suspend your account for any reason set out in the Clause- “Disclaimer/Limitation of Liability”, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
USE OF INFORMATION/DATA SUPPLIED
The User agrees that any data entered into herein can and shall be saved and used by the Company for the following purposes:
Account Creation and Login Process
If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the Information you allowed us to collect from those third parties to facilitate account creation and login process for the performance of the contract.
We may use your Information to send you the product, service and new feature information and/or information about changes to our terms, conditions and policies, and to operate and improve the Website.
We may use your Information to fulfill and manage your healthcare service provider selection, admission, billing, claims, documents, and exchanges made through the Services.
We may use your Information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
We may use your Information to request feedback and to contact you about your use of our Services.
Protection of our Services
We may use your Information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
Enforcement of our Terms, Conditions and Policies
To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual Reasons.
Manage User accounts
We may use your Information for the purposes of managing our account and keeping it in working order.
We may use your Information to provide you with the requested service.
We may use your Information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
Academic and Research Purposes
We may use your information to perform academic/studies, clinical or other research and analysis for our understanding, information, analysis, services and technologies in order to provide all Users with improved quality of care; and ensure that the content and advertising displayed are customized to your interests and preferences.
We may use your information:
To respond to subpoenas, court orders, or legal processes, or to establish or exercise ClaimTherapist’s legal rights or defend against legal claims;
Other Business Purposes
We may use your Information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and evaluating and improving our Services, products, marketing and your experience. We may use and store this Information in aggregated and anonymised form so that it is not associated with individual end Users and does not include personal Information. We will not use identifiable personal Information without your consent.
User will defend, or at its option and settle any third party lawsuit or proceeding brought against the Company based upon or otherwise any claim arising from the fact that the User Content, Site and/or User features infringe any copyright, trade secret or trademark of such third party and second, the Company's use of any User Content, provided that such use complies with the requirements of the Agreement and third, the User's use of the Services in any manner inconsistent with or in breach of the Agreement; and/or fourth, any claim alleging facts that would constitute a breach of User's representations and warranties made in this Agreement. Any such claim/proceeding if made directly on the User shall promptly be communicated to the Company by the User with all reasonable e information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defense and settlement of such claim. The User may join in defense with counsel of its choice at its own expense subject to the approval of the company. The User unilaterally agrees to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Website or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the indemnifying party ("User") of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Company.
The right to amend, vary or change the terms and conditions contained herein and in the Services at any time exclusively rests with the Company.
This Agreement will be periodically undated and the Terms and Conditions changed from time to time and the changed or Agreement posted at the Website. The User should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
All notices shall be in English and in writing and
(a) if sent to the User to the address identified on the Application Form and
(b) if sent to the Company to such address as provided in writing for such notice purposes; provided, however, that all invoices and payments shall be sent to the attention of the Company's Finance department, all legal notices shall be sent to the attention of the Company's Legal Department, and all other correspondence shall be sent to the attention of the account manager specified by the Company.
Notice shall be deemed given upon receipt when delivered personally and upon receiving acknowledgment / written verification of receipt from overnight courier and finally upon verification of receipt of registered or certified mail.
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic to grievance@[ENTER WEBSITE] or Mr. [ENTER NAME] ("Grievance Officer").
Mr. [ENTER NAME] (Grievance Officer)
Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall either party be relieved of its obligation to pay all fees that are due and owing under this Agreement through the effective date of termination. The Company shall not be liable to the other for any damages resulting solely from termination as permitted herein.
The failure of the Website to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements, documents and or communications regarding such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by the Company only. The right to change vary or amend, however exclusively rests with the Company.
GOVERNING LAW AND JURISDICTION
It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between the Company and any User of the Service.
The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
All information of whatsoever nature received from the User is in good faith and is bona fide. The information is believed to be true/ correct and complies with the laws of the land.
This Agreement and any dispute or matter arising from incidental use of Website is governed by the laws of India and the User and Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India without regard to its conflict of law provisions.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
It is our constant endeavour to make the Website an enjoyable and effective experience for all our Users. If you observe material or behaviour that may violate one of the Terms & Conditions, please write to us. This will go a long way in enhancing our service!
The Website respects the privacy of its Users and is committed to its protection.
Use of your Personal Information and Your Privacy
Your trust is important to us, and we will not share or sell Your personal information or use it for direct marketing purposes.
If you have questions or comments about your privacy rights, you may email us at email@example.com.
Site and the User should use your own virus protection software.
We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
Modifications to and Availability of the Site
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to the Website without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work.
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
The Service is operated by Us from our offices in India. You agree to comply with all applicable laws, statutes, ordinances and regulations that apply to Your use of the Service. Provision and use of the Service shall be governed by and construed in accordance with the laws of India, without regard to conflict of law rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Us, or relating in any way to your use of the Service resides, in the courts of Delhi.