HealthSignz Technologies Pvt Ltd is the author and publisher of the internet resource WWW.AYURITI.COM, AYURITI APP (together, “Websites and Applications”). Ayuriti Owns and operates the platform and connected applications, facilitating the service providers to provision health care services to consumers via the platform.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time without assigning any reason, and your use of the Websites and Applications and applications following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Websites and Applications and Applications or avail any Services.
Your access to use of the Websites and Applications, applications and the Services will be solely at the discretion of Ayuriti.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
- APPLICABILITY OF TERMS:
The Agreement applies to you whether you are -
- Registered Consumer and/or Unregistered consumer using Ayuriti Website and/or Applications
- A medical practitioner and/or health care provider (whether an individual professional or an organization) or wellness service provider (whether an individual professional or an organization), similar institution wishing to be partner, or already partner with Ayuriti, including designated, authorized associates of such practitioners or institutions (“You” or “User”);or
- A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”);or
- Otherwise a user of the Websites and Applications (“you” or “User”).
This Agreement applies to those services made available by Ayuriti on the Websites and Applications and applications, which are offered to the Users (“Services”), including the following:
- Amalgamation of Ayurveda and Yoga Principles for Lifestyle Advices
- Ayurvedic Prakruthi Assessment
- Personalised Ayurvedic Products and Suggestions
- Incorporation of Yoga for overall health and wellness
The Services may change from time to time, at the sole discretion of Ayuriti, and the Agreement will apply to your visit to and your use of the Websites and Applications and applications to avail the Service, as well as to all information provided by you on the Websites and Applications and applications at any given point in time.
- CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Websites and Applications and applications in any manner. By registering, visiting and using the Websites and Applications and applications or accepting this Agreement, you represent and warrant to Ayuriti that you are 18 years of age or older, and that you have the competency, right, authority and capacity to use the Websites and Applications, applications and the Services available through the Websites and Applications and/or Applications, and agree to and abide by this Agreement.
- ACCOUNT AND DATA PRIVACY:
- The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules.
- Ayuriti may by its Services, collect information relating to the devices through which you access the Websites and Applications, and anonymous data of your usage. The collected information will be used only for improving the quality of Ayuriti’s services and to build new services.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom Ayuriti will disclose such information; and,
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- Ayuriti shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Ayuriti or to any other person acting on behalf of Ayuriti.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Websites and Applications and/or Applications. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Ayuriti of any actual or suspected unauthorized use of the User’s account or password. Although Ayuriti will not be liable for losses suffered by the User caused by any unauthorized use of the User’s account, User shall be liable for the losses of Ayuriti or such other parties as the case may be, due to any unauthorized use of User’s account.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Ayuriti has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ayuriti has the right to discontinue the Services to the User at its sole discretion and the User shall be solely responsible for all the consequences arising due to such untrue, inaccurate, not current or incomplete information.
- Ayuriti may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- RELEVANCE ALGORITHM
- Ayuriti’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Ayuriti. Ayuriti will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Ayuriti in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
- LISTING CONTENT AND DISSEMINATING INFORMATION
- Ayuriti collects, directly or indirectly, and displays on the Websites and Applications and Applications, relevant information regarding the profile and practice of the Practitioners listed on the Websites and Applications and Applications, such as their specialization, qualification, fees, location, visiting hours, and similar details. Ayuriti takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Ayuriti screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts and as such, User is duty bound to personally verify and satisfy himself/herself about the credentials so displayed on the website or applications .
- The Services provided by Ayuriti or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Ayuriti does not provide or make any representation, warranty or guarantee, express or implied about the Websites and Applications, Applications or the Services. Ayuriti does not guarantee the accuracy or completeness of any content or information provided by Users on the Websites and Applications and Applications. To the fullest extent permitted by law, Ayuriti disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website and Applications, or any opinion or suggestion given or expressed by Ayuriti or any User in relation to any User or services provided by such User.
- It is expressly understood by the User that any attempt on the part of the Ayuriti to modify/alter the services provided by them at the request of the User/Practitioner or on their own shall not be construed as an obligation on the part of the Ayuriti to modify/alter the same and as such, failure on the part of the Ayuriti to do the same would not be actionable under any circumstance.
- The Websites and Applications may be linked to the Websites and Applications of third parties, affiliates and business partners. Ayuriti has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Websites and Applications, which are made available by/through their Websites and Applications. Inclusion of any link on the Websites and Applications does not imply that Ayuriti endorses the linked site. User may use the links and these services at User’s own risk.
- Ayuriti assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Websites and Applications or the downloading of any material, data, text, images, video content, or audio content from the Websites and Applications. If a User is dissatisfied with the Websites and Applications, User’s sole remedy is to discontinue using the Websites and Applications.
- If Ayuriti determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Ayuriti reserves the right to immediately suspend your access to the Websites and Applications or any of your accounts with Ayuriti and makes such declaration on the Websites and Applications alongside your name/your clinic’s name as determined by Ayuriti for the protection of its business and in the interests of Users. You shall be liable to wholly indemnify including but not limited to attorney fees, costs etc., Ayuriti for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Ayuriti or its Users.
- Return and cancellation Policy
You may request returns for most items you buy from AyuRiti App and AyuRiti.com that are within the return window, except those that are explicitly identified as not returnable on the product detail page.
Items are returnable if you’ve received the item in a condition that is physically damaged, has missing parts or accessories, defective or different from its description on the product detail page on AyuRiti.
Return window for all product categories is 7 days from the date of delivery.
Return an item:
- Go to your orders and locate the order you wish to return.
- Click on Return or Replace Items.
- Select a reason for return and enter comments.
- Click 'Submit'.
Guidelines for returning an item:
- Your address and the item that you wish to return must be eligible for return.
- If the return is not eligible for Pickup, a Self-Return option will be given.
- Once the return is received, you will, in accordance with AyuRiti refund policy, be issued a refund to your original payment method. Your will receive the refund with in 7-10 working days.
The item you have ordered can be cancelled at any time before the shipment of the product.
If the item you ordered arrived in a physically damaged or defective condition or is different from their description on the product detail page , or has missing parts or accessories, it will be eligible for a replacement, provided the exact item is available.
Return pick up terms:
Complete Product: All in-the-box items, freebies and combos (if any) should be present.
Unused Product: The product should be unused, unwashed, unsoiled, without any stains and with non-tampered quality check seals/ warranty seals (wherever applicable).
Undamaged Product: The product should be undamaged and without any scratches, dents, tears or holes.
Undamaged Packaging: Product's original packaging/ box should be undamaged.
- RIGHTS AND OBLIGATIONS RELATING TO CONTENT
As mandated by Rule 3(2) of the Information Technology (Intermediaries guidelines) Rules, 2011, Ayuriti hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does 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;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, 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.
- o Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Ayuriti Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Ayuriti;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the Ayuriti Content or other information available from the Website;
- framing or hot linking or deep linking any Ayuriti Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
- CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- The contents listed on the Websites and Applications or User generated content belong to Ayuriti. The information that is collected by Ayuriti directly or indirectly from the End- Users and the Practitioners shall belong to Ayuriti. Copying of the copyrighted content published Ayuriti on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Ayuriti reserves its rights under applicable law accordingly.
- Ayuriti authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Ayuriti Content"), are the property of Ayuriti and are protected under copyright, trademark and other laws. User shall not modify the Ayuriti Content or reproduce, display, publicly perform, distribute, or otherwise use the Ayuriti Content in any way for any public or commercial purpose or for personal gain.
- User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- REPRESENTATIONS AND WARRANTIES
- User will not do anything that would affect or cause any warranty, representation or undertaking by them to be or become untrue or incapable of being fulfilled;
- User will not at any time do anything detrimental to Ayuriti nor shall they indulge in any activity or participate in any transaction which is likely to jeopardize, restrict or diminish the, marketability, feasibility of this Agreement and also the goodwill of goodwill;
- User will not to do any act, matter, deed or thing during the term of this Agreement which is prohibited by or which is contrary to the provisions of any Applicable Law, or that is in any manner prejudicial to the interests of goodwill;
- User has not and will not violate or infringe the rights of Ayuriti, including IPR, contractual, employment, trade secrets, proprietary information and non-disclosure rights, or any trade mark, copyright or patent rights and shall not violate any Applicable Law;
- User will not use/copy, trademarks, service marks, any tag line, any text, photos, pictures, images, brand logo, labels, trade dressing, product, services, operation, business of Ayuriti;
- User will at all times perform their duties and obligations herein to the best of their abilities;
- User has carefully reviewed this Agreement and have consulted with such advisors as he/she consider appropriate in connection with this and are not subject to any covenants, agreements or restrictions, including without limitation any covenants, agreements or restrictions which would be breached or violated by entering into this Agreement;
- That User shall indemnify, keep indemnified and hold harmless Ayuriti together with its officers, directors and employees harmless against any claims or actions made by any Third Party and/or any loss/damage, expense, judgment, lien, suit, cause of action, demand or liability, which may be caused to Ayuriti as a result of failure on the part of User to carry out any obligation arising out of or in relation to this Agreement. User undertakes to indemnify Ayuriti against all claims, liabilities, expenses, costs, loss or damage of whatsoever nature (including legal costs on a full indemnity basis incurred by the other Party) brought against, suffered or incurred, including without prejudice to the generality of the foregoing:-
- Any act, omission, fraud and negligence or default whatsoever;
- Any infringement, misuse, unauthorized use of any intellectual property right of any Third Party;
- Any infringement of any Intellectual Property Right of any Party to this Agreement.
- Ayuriti shall not be responsible for any act of commission or omission of the User amounting to an offence under any penal statute. The sole responsibility in such a case shall be that of the User and Ayuriti shall not be deemed to be involved in such act in any manner whatsoever, including knowledge thereof or connivance thereof.
Ayuriti shall be entitled to assign or transfer all or any of its rights, obligations, or remedies under this Agreement at any time to any third party without prior consent of any of the Parties to this agreement.
Any delay, inability, omission or failure of Ayuriti to exercise any of its rights under this Agreement shall not affect or impair or be deemed to be a waiver of its rights under this Agreement and neither shall it be deemed to affect or impair Ayuriti’s rights with respect to any continuing or subsequent default of the other Party of the same or different nature under this Agreement. It is agreed that no specification in this Agreement of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Agreement.
If any provision of this Agreement is found to be illegal, invalid or unenforceable, then such provision shall be severed from this Agreement and the remaining provisions of this Agreement shall continue in full force and effect and operate as if the severed provision had not been included.
- GOVERNING LAW AND JURISDICTION
The Parties hereby irrevocably agree that this Agreement shall be governed by and construed in accordance with the laws of India and the courts in Hyderabad shall have exclusive jurisdiction to entertain and determine any legal proceedings and to settle any disputes, which may arise out of or in connection with this Agreement.