Terms And Conditions
Welcome to www.zywee.com ("Website") provided by Infovita Technologies Private Limited ("Company"). Any service rendered to you through this Website by the Company including but not limited to information about the services, products, photographs of the products and/or services, terms and conditions, transactions that may be implemented through this Website, use of the services, performance of the services and all other services in relation thereto ("Services") shall be subject to and you are deemed to have accepted these terms and conditions ("Terms and Conditions")
General Terms and Conditions
Use of this Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, i.e. persons below the age of eighteen (18) years are not eligible to use this Website.
Registration as provided for on this Website is a mandatory requirement for participating in any of the user activities on this Website which includes asking a question on the Website's forum(s); writing a review of a hospital and / or clinic; or providing a rating to a hospital and / or clinic, etc. ("User Activities").
The Company reserves the right to terminate Your Account and refuse to continue providing you with access to this Website including but not limited to the Services, if the Company discovers that you are under the age of eighteen (18) years. This Website is not available to persons whose accounts have been suspended or terminated by the Company for any reason whatsoever. Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
Account and Registration Obligations
When you register on this Website, you shall create a username and a password ("Your Account"). You are solely responsible for any use of the Service(s) with Your Account.
"Your Information" is defined as any information you provide to us in the registration and/or use of the Service(s) or through any e-mail feature, blog, etc.
You also understand and agree:
- To provide true, accurate, current and complete information about yourself, as prompted by this Website's registration form (such information being the "Registration Data")
- To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, the Company has the right to indefinitely suspend or terminate your account and refuse to provide you with access to this Website and/or cease to render any of the Service(s) to you, without any further obligations under this User Agreement or any other terms and conditions whether provided on this Website or otherwise.
- That the Service(s) obtained through this Website are for a fixed period of time ("Service Period"). On the expiry of the Service Period for a Service, all Company obligations towards you for such Service shall cease
- That you authorise the Company to use Your Information and Comments (defined below), as may be required from time to time, in relation to fulfilling its continuing obligations
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will update your e-mail address and other contact details regularly. If the Company is desirous of sending a communication by e-mail, it shall send it to your e-mail address available on its records and it shall be deemed to have been received by you once it is reflected as sent in the outbox of the Company's relevant e-mail ID.
You agree and confirm:
- That in the event that you are unable to receive the Service(s) on account of an inaccuracy or mistake by you (i.e., including but not limited to you providing us with a wrong name or e-mail address or any other wrong information) and any inconvenience or delay that ensues are a result of such mistake, shall not be the Company's liability and losses incurred by the Company as a result of such inaccuracy or mistake may be claimed from you
- That you shall use the Services rendered by the Company, its affiliates, consultants, third party service providers and contracted companies, for lawful purposes only and comply with the Terms and Conditions, all applicable laws and regulations while using any of the Services and using this Website
- The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation, your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar you from using this Website without prior intimation whatsoever
- That you are accessing this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website including but not limited to participating in any of the User Activities.
- That before using any User Activities or availing any Service, you will check such User Activity / the Service description carefully
- That references on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company's endorsement, sponsorship or recommendation of the third party, information, product or service
- That the Company is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites, and if you decide to link to any such third party websites, you do so entirely at your own risk
You agree to use this Website and the Service(s) at your sole risk and that to the fullest extent permitted under applicable law, the Company shall have no liability to you for the Service(s) that may be deemed offensive, indecent, or objectionable to you.
By accessing this Website, you agree to defend, indemnify and hold harmless the Company, its licensors, users, employees, directors, officers, agents and successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, claim of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation, loss of service by other users of this Website and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
The Company may, at its sole discretion, terminate your registration or restrict your access to certain parts of the Service(s), if there is an indication that you have breached the User Agreement or if you have not signed into Your Account with your username in the past six (6) months. Such termination shall be without any liability to the Company. Upon any termination / expiry of the User Agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Company's right to any Comments and/or Your Information shall survive any termination of the User Agreement. Consequent to termination, you shall not access this Website or the Service(s) rendered unless otherwise agreed or permitted by the Company in writing.
Limitation of Liability and Disclaimers
The Company may, at its sole discretion, terminate your registration or restrict your access to certain parts of the Service(s), if there is an indication that you have breached the User Agreement or if you have not signed into Your Account with your username in the past six (6) months. Such termination shall be without any liability to the Company. Upon any termination / expiry of the User Agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Company's right to any Comments and/or Your Information shall survive any termination of the User Agreement.
This Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of this Website. This Website provides only information about services / products offered by third parties. The Company does not provide any of the services / products offered by such third parties including but not limited to medical services and products offered by such third parties. While the Company tries to ensure that the information with respect to the third parties and their services, if any, included on this Website are correct and true, it cannot accept responsibility if this is not the case. The Company shall not be responsible in any manner whatsoever for any damage, errors or omissions or for the results obtained or outcomes from the use of such services or for any technical problems you may experience with this Website. You acknowledge and agree that medical services and any incidental services thereof are of a serious nature and require experts. You agree that you shall conduct your own due diligence prior to using any of the information mentioned on this Website and you shall not hold the Company, its licensors, partners, employees, consultants, and any other person / entity associated with the Company and / or the Website liable for any reason whatsoever. The Company shall not be liable in any form or manner whatsoever for the products and services and the intellectual property rights in relation to the products and services specified on this Website. This disclaimer constitutes an essential part of the User Agreement.
To the fullest extent permitted under applicable law, the Company and its licensors shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with this Website, the Service(s) or the User Agreement. Without prejudice to the generality of the foregoing, the total liability of the Company to you for all liabilities arising out of the User Agreement be it in tort or contract is limited to Rs. 100/- (Rupees Hundred Only).
You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to this Website, overloading, "flooding", "spamming", "mailbombing" or "crashing". Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the Company on this Website and other than generally available third party web browsers (e.g. Microsoft Explorer).
If any part of the User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, the User Agreement constitutes the entire agreement between you and the Company with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Service(s). The Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
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