TERMS OF SERVICE
Posted as of 27 March 2021, Terms
Last updated as of 12 July 2023
This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000. And rules there under as applicable. And the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generate by a computer system and does not require any physical or digital signatures.
We respect you and take the information provided by you very seriously. And hence the creator of this Terms of Service ensures a steady commitment with regard to the protection of your invaluable information also to support the ongoing cause that you may share across on this Platform. We ask for this information so that we can understand more about the people who support us.
- Further, it is specifically agree to by the Parties that the headings shall have legal. Or contractual value on You using the Platform.
We are an online Platform introducing home Ayurveda therapies. Moreover, where you can relish the wisdom of Ayurveda at the comfort of your home. Our team of experienced Ayurvedic doctors and trained therapists would help your body. In addition, mind rejuvenate while you unwind and let your stress and discomforts melt away.
Registered users can consult our online and offline doctor for therapy sessions from the comfort of their home. Our team of doctors are authorise to prescribe medication that is suitable as per the user’s needs. We further, provide therapy sessions by our registered therapists for users. All bookings can make via the Platform for consultation sessions as well as therapy sessions.
TERMS OF REGISTRATION
The registration for users is mandatory. Moreover, registration will deem to be complete after an mobile OTP and email OTP verification. Social media platforms can link to our Platform during registration.
- You shall not use the Platform if you are not competent to contract. Or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions. In addition, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users. Or third parties and We has no control and make no guarantees regarding the quality. The accuracy, integrity or genuineness of such content or such other information provided on the Platform.
All the Content displayed on the Platform is subject to copyright. And shall not be reused by You (or a third party) without the prior written consent from Us. Also, the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platform. And whilst feedback and comments by You can be made via the Platform. We bear no liability whatsoever for any feedback. Or comments made by the other Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period. And, to be decided at the discretion of the Platform or to terminate the account of any User. Moreover, who is found to have created. Or shared or submitted any content or part there of that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial. Or legal losses incurred through the creation/sharing/submission of Content. Or part thereof that is deemed to be untrue/inaccurate/misleading.
Moreover, you have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. You shall not copy, adapt, and modify any content without written permission from Us.
- Your use of the Platform,
- The your violation of any rights of another;
- Your conduct in connection with the Platform;
You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without the consent from Us.
In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential. Or punitive damages whatsoever, including those resulting from loss of use, data or profits. Whether or not foreseeable, and whether or not You had been advised of the possibility of such damages. Or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action. Or any other claim arising out of or in connection with the Your use of or access to the Platform. And the Services or materials contained there in.
LIMITATION OF LIABILITY
- The Founders/ Promoters/ Partners/ Associated people of Ayursh are not responsible for any consequences arising out of the following events:
- If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection. Such as but not limited to slow connectivity, no connectivity, server failure;
- You have fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- There is any deficiency or defect in the Services managed by Us;
- If there is a failure in the functioning of any other service provided by Us.
- The Platform accepts no liability for any errors or omissions. And on behalf of itself, or for any damage caused to You. Your belongings, or any third party, resulting from the use or misuse of the Platform. Or any service availed of by Us through the Platform. The service and any Content or material displayed on the service is provided. Moreover, without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Platform.
- To the fullest extent permitted by law. We shall not be liable to You or any other party for any loss or damage. Regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us. In addition, it is to terminate your use of the Platform.
- You may terminate your use of the Platform at any time.
- Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
- It is also hereby declared that We may discontinue the Services and Platforms without any prior notice.
We reserve the right, in its sole discretion, to unilaterally terminate. Your access to the Platform, or any portion thereof, at any time, without notice or cause.
By using this Platform and providing Your identity and contact information to Us through the Platform. You agree and consent to receive e-mails from Us and/or any of its representatives at any time.
You can report to “firstname.lastname@example.org” if you find any discrepancy with regard to Platform or content-related information. And We will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledges that you are a restricted user of this Platform and you:
- Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if You have provided incorrect information.
- Agree to ensure the Email address and any such other information provided during account registration is valid at all times. And shall keep your information accurate and up-to-date.
- You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- Understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You. And to streamline the Services through the Platform.
- Authorize the Platform to use, store or otherwise process certain personal information. And all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing. Moreover promotional purposes and for optimisation of User-related options and Services.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate. Post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission.
- Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than. Through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm. Or methodology, or any similar or equivalent manual process. To access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce. Or circumvent the navigational structure or presentation of the Platform, materials. Or any content, or to obtain or attempt to obtain any materials. Documents or information through any means not specifically made available. Through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive content on the Platform.
- Expressly agree and acknowledge that the Content generated by the Users. And displayed on the Platform is not owned by Us. And that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content. Which We may then remove from the Platform, at our sole discretion.
You further undertake not to:
- Engage in any activity that interferes with or disrupts access to the Platform. Or the Services provided therein (or the servers and networks which are connected to the Platform);
- Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts. Passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.
- Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
- Any applicable laws, rules or regulations currently in force within or outside India;
- Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP"). Or in any manner disrupts the Services of any other supplier/service provider of the Platform;
- You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement. Or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation. And, or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information. As necessary to satisfy any judicial Order, law, regulation or valid governmental request. (including the identity of persons providing information or materials on the Platform)
- By indicating Your acceptance to use any services offered on the Platform. You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
- Agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
- You agree to provide authentic and true information. We reserve the right to confirm and validate the information. And other details provided by You at any point in time. If upon confirmation such details are found to be false. Not to be true (wholly or partly). We shall in our sole discretion reject the registration and debar You from using the platform without prior intimation whatsoever.
- You agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive. Or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish. Moreover, it will modify, transmit, or in any manner share any information that:
- belongs to another person and to which you have no right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous. In addition, 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;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory. Moreover, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful. Or racially, ethnically objectionable, disparaging, relating or encouraging money laundering. In addition, gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including. But not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Threatens the unity, integrity, defence, 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.
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website. Use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors. And to see how visitors move around our website when they are using it. This helps us to improve the way our website works. For example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you. Greet you by name and remember your preferences. (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third-parties for this purpose.
THERAPY AND CONSULATATION STANDARDS
You must agree to the following standards before booking for consultation or a therapy session:
- Therapists and doctors are randomly chosen based on availability. We do not allow users to choose therapist and doctors based on their preference.
- Patients should not be intoxicated during the course of the treatment.
- Patients must follow all COVID guidelines issued by the government before booking a session. If a patient has had COVID, they must wait 3 weeks before booking a session. During treatment, your BP and temperature will be measured by us, along with a routine check for skin diseases. The last mean the patient has must have a time difference of 1.5 hours between sessions.
- Patient should disclose all underlying medical conditions before booking, such as chemotherapies, skin allergies/diseases, etc.
- At the end of the sessions, doctors and therapist can upload prescriptions and health records of their patients. The details of these records are on the discreation of the doctor/therapist. They reserve the right to upload the relevant information of their choosing.
- During treatment, if a patient faces any sort of pain or allergies. The treatment plan will be changed after a free consultation with the doctor.
- The therapist and the medication prescribed by the doctors are purely on their discretion. We will not be held liable for any complexities arising from them.
- There is a restriction on the number of therapy sessions a user can book per day.
- The patient must verify that the therapist/ doctor is a registered Ayursh professional during home visit. We will not be held liable for any issues arising from such a case.
- Any sort of harassment or abuse by the user towards Ayursh doctors/therapist will result in legal action. Users cannot force or persuade doctors/therapist treatments they are not willing to provide.
- Users must keep location detail switched on at all times during the use of our Platform.
- If the user is uploading prescription from external doctors, they must disclose all information of the external doctor.
- The therapy charge will include the service cost, medicinal expenses. Travel cost of therapist and any other luxury cost such as portable steam box. However, we do not endorse any medical product.
- All calls and messages are recorded and monitored by us.
- We provide various types of treatment, where some of the treatments require doctor’s prescription and some do not. Patient must read all information regarding each treatment and then select the one of their choosing.
- The details provided for each of the therapy is purely for information purpose. Users must not misuse the information.
- Users can raise concerns or ask for help for their doctor consultation bookings. And therapy consultation booking through telephone call, SMS or whatsapp. There can be external chat SDK integrations to handle and resolve users queries.
- Medical waste will be properly collected by the therapists at the end of every treatment. There are certain items like tissues, gloves, bedsheets which require to be disposed after every treatment. We provide proper and sanitary guidelines for these kind of waste management.
- Therapists will follow all COVID guideline before performing therapy such as sanitizing themselves periodically, checking temperature of the patient etc. Further, they will update their reports. frequently. Including the time they leave for the session and when they reach the user base, etc.
CANCELLATION AND REFUND TERMS
The following terms will be applicable in case of cancellation and refunds:
- Cancellation and refunds will processed through the Platform or offline. In case of any queries regarding the same, please contact at email@example.com.
- We hold the right to decide the payment terms for the patients. Patients will have to disclose complete and valid information about themselves, before availing treatment from Ayursh.
- In a case where patient has concealed important medical information which is contradictory to the therapy received or the medication prescribed, patient is not entitled to any refund
- In a case, where a patient suffers from pain, allergies, boils, acne etc. Due to the treatment, during the course of the treatment, refund will be done post Dr's approval of the condition.
- Patients are not entitled to any monetary claims if they harass any of Ayursh’s professionals. In a case, where patient misbehaves with a therapist, the therapy session will immediately stop and no refund will be paid.
- Cancellations due to error on our end will be refunded. However, cancellations due to error on the patient’s end will not be refunded.
- For cancellation of a single treatment session, there will be no cancellation fee if cancelled on a day prior to the treatment session. There will be 15% cancellation fee if cancelled 8 hours before the treatment start time. 25% cancellation fee if cancelled 4 hours before the treatment start time. 50% cancellation fee if cancelled within 4 hours of treatment start time.
- For cancellation during the midway of the multi-sessions treatment package, the price of the completed treatment sessions will be recalculated with the price of the single session and by not applying any discounted amount. Post this recalculation, there will be a 15% pre-cancellation fee on the remaining pending balance of the total package amount. The same will be refunded within 5 to 7 days of cancellation date and only after we have taken back all the treatment items from patient's home.
- Patients failing to return the company's treatment items, post cancellation, will be subjected to further legal procedures and would be required to pay the compensation for all the losses incurred by the firm including the treatment items cost, therapist expenses, travel and logistics cost, medicine expenses and other expenses incurred by the firm as part of the treatment.
- In addition to above cancellation terms, whenever payment is received through third party payment link like Razorpay, etc, there will be a transaction fee charged by Payment Vendor and the same transaction fee will be deducted in addition to the above mentioned cancellation terms and the remaining balance will only be refunded.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit the You access. And/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:
- In addition, if you have provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
So, you shall not use any of the intellectual property displayed on the Platform in any manner. That is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.
Moreover, you are aware all intellectual property, including but not limited to copyrights, relating to said services resides with owners. And that at no point does any such intellectual property stand transferred from the aforementioned creators. If you are aware that we merely provide the platform through which the You can communicate with other users. And the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform. Apart from created graphics and specified content.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- You further agree and undertake that you are accessing the Platform at your sole risk. And are that you are using the best. And prudent judgment before availing any features on the Platform or accessing/using any information displayed thereon.
- You agree that any kind of information, resources, activities, recommendations obtained/availed from Platform. Moreover, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay. Or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events. Including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage. Labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
Arbitration: In the event that the Parties are unable to amicably resolve a dispute. The said dispute will be referr to arbitration by a sole arbitrator to be appoint by Us. And the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conduct in English, and the seat of Arbitration shall be the city of Bangalore, India.
Any and all communication relating to any dispute. Or grievance experienced by You may be communicate to Us by emailing to firstname.lastname@example.org