Terms & Conditions – Ayush Arogyam

Ayush Arogyam Private Limited

Your Partner at Good Health

Welcome to the portal www.ayusharogyam.com, www.ayusharogyam.co.in or www.ayusharogyam.co (the "Websites" and each, individually, a "Website"). The content of the Website is the property of AyushArogyam., having its registered office at Shop no. 21, Shrinagar Shopping Complex, Shrinagar, Wagle Estate, Thane - 400604 ("AyushArogyam", the "Company", "we" or "us"). www.ayusharogyam.com, amongst other services, is an online store for all ayurvedic products, ayurvedic cosmetics, aromatherapy, aroma products, spiritual CDs / VCDs /DVDs, Devotional songs CDs / VCDs /DVDs. We cater to most popular Kerala ayurvedic brands.

We request you to carefully go through these terms of use ("Terms of Use") before you decide to avail the Services of AyushArogyam. By registering with the Company to avail our Services, you irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them. Accessing the Website through any medium, including but not limited to accessing the website through mobile phones, smart phones and tablets, are also subjected to these Terms of Use. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you. By using this Website, you signify your agreement to these Terms of Use as well as the Website's www.ayusharogyam.com/privacy_policy (which is hereby incorporated by reference herein).

We reserve the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms of Use periodically. The Website should not be used in cases of medical emergencies and AyushArogyam does not, and should not be considered in any form to be a substitute for a doctor or a hospital. We encourage you to independently verify any information you see on the Website with respect to a doctor or health care provider that you seek to make an appointment with.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by AyushArogyam Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

1. Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the AyushArogyam website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. AyushArogyam reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to AyushArogyam's notice or if it is discovered that you are under the age of 18 years.

2. Registration

If you wish to schedule an appointment with a doctor or conduct a transaction on the Website, you may or will have to register on the Website and become a registered user ("AyushArogyam User") prior to the completion of any transaction on the Website. To register onto the Website, a user will have to provide information such as his/her name, email address and phone number and create a user name and password. You understand that AyushArogyam may introduce a fee for registration on the Website ("Registration Fees"). Registration Fees, if and when introduced shall be non-refundable. AyushArogyam may introduce special features which may be made available to AyushArogyam Users who pay Registration Fees. Registration is only a one time process and if the AyushArogyam User has been previously registered, s/he shall login / sign into his / her account using the same credentials as provided during the registration process. We request you to please safeguard your password to your account on the Website and make sure that others do not have access to it. It is your responsibility to keep your account information current. A AyushArogyam User may wish to schedule an appointment through his/her account for his/her family members and friends. While a AyushArogyam User will be able to do, please note that such AyushArogyam User will be responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.

3. Registered User

1. In order to purchase Products, User will create an "account", which will require sharing personal information, including but not limited to name, personal particulars, telephonic contact details, e-mail address, mailing address, bank account details, debit card number, credit card number, expiration dates as well as certain other information which may need to be furnished or be available in User's account to place orders.

2. In order to purchase Products through the Website, User confirms that he/she is competent to contract as per the Indian Contract Act, 1872.

3. In case any information provided by User, including any personal information or any information pertaining to Products ordered is false/incorrect/unclear, AyushArogyam reserves its right, in its absolute discretion, to block/cancel/suspend the account of and take appropriate legal action against such a User.

4. AyushArogyam shall not be under any obligation to warn User before blocking/cancelling/suspending the account.

4. Interaction on the Website

You understand and agree that any interactions and associated issues with the doctors on the Website including but not limited to the medical outcomes and service issues, is strictly between you and the doctors. You shall not hold AyushArogyam responsible for any such interactions and associated issues. AyushArogyam is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the doctor you interact with. If you decide to engage with a doctor to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for doctors, or provision of access to any healthcare professional or doctor on the basis of your specific request, should not be construed as endorsement by this Website of any such particular doctor. AyushArogyam shall not be responsible for any breach of service or service deficiency by any doctor or health care provider. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of doctors or other health care providers to fulfill their obligations in any transaction. We advise you to perform your own investigation prior to following the advise provided online.

a. Third Party Services:

b. Information Uploaded by You on the Website:

c. Sharing of Information Uploaded by You on the Website:
- i. Unless you specifically consent to share information, medical or otherwise, with either doctors or third party service providers, AyushArogyam does not share such information that you upload on the Website. While AyushArogyam takes utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the Website is at your own risk. In the event you do not trust AyushArogyam with such information, please do not share such information on the Website.
- ii. While AyushArogyam endeavors to protect any information uploaded or shared by you on the Website, you understand that AyushArogyam shall not be held liable or responsible for the loss or damage to such information on the Website. It is your responsibility to ensure that you have all your information, medical or otherwise, stored on your hard drive. You hereby agree not to use the Website as a "data room" to store your medical / health records.

d. SMS Messages Received From the Website:
- You understand that once you register as a AyushArogyam User on the Website, you will receive SMS messages from AyushArogyam on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by AyushArogyam. Please note that AyushArogyam will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter. Further, AyushArogyam may also send notifications and reminders to you with respect to appointments scheduled by you for the Services that you have subscribed to on the Website. Please note that while AyushArogyam endeavors to provide these notifications and reminders to you promptly, AyushArogyam does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you.

e. Collection of consultation fees:
- You understand that AyushArogyam provides various Services with respect to the System. While some of these Services are provided for free, there are certain Services for which costs will be incurred by you, if you decide to avail such Services ("Paid Services"). AyushArogyam may in such event provide billing services on behalf of the doctor or health care professional. Should you wish to avail those Paid Services, you acknowledge that AyushArogyam will collect the payment for such Paid Services for and on behalf of the doctor or health care professional providing such clinical or health care services. You acknowledge and confirm that AyushArogyam shall not be liable for the treatment or be treated as the health care provider on account of such collection of the payments or for provision of Paid Services, for any reason whatsoever.

5. Clinical Support Information

We may provide information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general health-care related information and resources. We may also provide forums for our users to exchange information. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information that may be placed on the Website by third parties are beyond our control. We are not responsible for the accuracy or completeness of information available from or through our Website. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that AyushArogyam is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use.

6. Selecting your Doctor or Health Care Provider or any other Service Provider on the Website

a. The Website allows you to select obtain online consultation and advises from doctors and other health care/ Service providers registered with the Website and to whom certain specific terms and conditions apply. While choosing your doctor or health care or service provider on the Website, you understand and accept that:

b. You are ultimately responsible for choosing your own doctor or health care or any other service provider and AyushArogyam shall not be held responsible or liable for the selection of such doctor or health care or any other service provider; and AyushArogyam will provide you with lists and/or profile previews of doctors and health care providers who may be suitable to deliver the health care that you are seeking based on information that you provide to AyushArogyam (such as area of specialty and geographical location). For certain specific Services, AyushArogyam may chose a doctor or health care provider on your behalf based on the nature of services you request and on the doctor or health care professional available to provide you with the clinical services for the same.
Please note that AyushArogyam

(i) does not recommend or endorse any doctors or health care providers mentioned on the Website; and

(ii) does not make any representations or warranties with respect to these doctors or health care providers or the quality of the healthcare services they may provide. AyushArogyam shall not be liable for any reason whatsoever for the services provided by the health care professional or doctor, and we bear no liability for the consequences to you, of your use of the System or Services.

Information regarding doctors and health care providers and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the doctor or the health care provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor AyushArogyam provides any advice or qualification certification about any particular doctor or health care provider. You are encouraged to independently verify any such information you see on the Website with respect to a doctor or health care provider that you seek to make an appointment with.

c. No Provider - Patient Relationship:

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical or health care profession. The provision of such Information does not create a licensed medical professional/patient relationship, between AyushArogyam and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

d. No Medical Advice Provided:

Please note that we do not recommend or endorse any doctors, yoga service providers, nutrionists, health care providers, procedures, opinions, or other Information that may appear on the Website. If you rely on any of the Information provided by the Site, you do so solely at your own risk. The Information that you obtain or receive from AyushArogyam, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. All medically related information comes from independent health care professionals and organizations which are registered with AyushArogyam and to whom certain specific terms and conditions apply. These terms and conditions can be accessed www.doctor.AyushArogyam.com/terms

The Information provided on the Website and in any other communications from or provided through AyushArogyam is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that you may have obtained through the Website. Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.

7. Order Placement and Transactions on this Website

a. Products may be ordered either over the phone, face-to-face, online on the Website, mobile phone app or through the use of any other mechanism that enables the order to be placed. AyushArogyam may guide or help User to set up the account and place the order.

b. The User/ Buyer represents and warrants that he/she shall purchase Products only for bonafide and legitimate patients and not for the purpose of re-sale or any other activity not permissible under applicable laws

c. Any and all products that require medical prescriptions shall NOT be sold or purchased or transacted on this website. Only over-the-counter ("OTC") drugs as well as all other non-prescription Products, which may be sold without a prescription or without any recommendation from a medical practitioner shall be sold or transacted on this website.

d. AyushArogyam reserves the right to seek any additional information regarding such OTC Products and its usage from User. For example, if a User places an order for an unusually high volume of an OTC Product, then AyushArogyam may inquire to verify if User intended to place an order for such a high volume of the Product and the reasons that may exist for it.

e. User agrees not to order or try to order any Products which are prohibited under law as well as any narcotic or psychotropic substances or banned/illegal Products. User declares himself/herself to be a bonafide consumer of the ordered medicines, which are intendedto be used as prescribed and in no case shall the ordered medicines be allowed to be misused or put to any unauthorized use.

f. User understands and acknowledges that AyushArogyam is not the manufacturer of the Products and accordingly, shall not be liable in any manner whatsoever for any liability, loss, damage, compensation etc. that is legally attributable to the manufacturer of the Product or is due to any manufacturing fault/lapse/error. AyushArogyam operates only as an online e-commerce healthcare portal to let the users purchase non-prescribed Products, seek medical and general health opinion conveniently, economically and with a measure of confidence in the quality of the products that are manufactured by an assortment of ayurvedic and health care, diet or nutritional supplement manufacturing companies and distributed by an assortment of wholesalers and intermediaries. Only after a User places an order does AyushArogyam procure the Product, sell and deliver it to the User. Delivering authentic Products to its patients and customers is a key priority of AyushArogyam and, to this end, it will employ reasonable safeguards and precautions,such as procuring the Products from reputable sources and recording their batch numbers along with their expiration dates etc. However, AyushArogyam shall not accept any liability towards the User or any person acting on behalf of the User, with regard to the quality, suitability or the intended use of the Products sold by it.

8. Prices

AyushArogyam shall try and keep the maximum retail price ("MRP") of all of its Products as accurate as possible. However, there may be instances where the MRPs shown on the website may vary from the actual MRPs on AyushArogyam's bill. Such a situation may occur, for example, if the MRP of a Product were to change after AyushArogyam has procured it for selling it to a User. In that case, the User shall be informed of the new MRP at the stage of processing the order and before the acceptance of the order by AyushArogyam.

Payment for the Products ordered can be made online through debit cards, credit cards, net banking, as well as other payment channels that AyushArogyam allows on the Website. Cash payments shall also be permissible at the sole discretion of AyushArogyam. Delivery charges may be extra.

AyushArogyam may introduce promotional offers, reward schemes, discounts, concessions, etc. that shall be solely as per AyushArogyam's discretion and AyushArogyam reserves its right to introduce and terminate such offers/schemes, etc. anytime without assigning any reason.

All statutory taxes, as applicable, shall be levied by AyushArogyam as per prescribed rates in force on the date of billing.

9. Shipping and Delivery

The User confirms and acknowledges that notwithstanding anything contained in this Agreement, all online and offline sales shall be deemed concluded as soon as a sale invoice is raised by AyushArogyam at its Licensed Premises, irrespective of the User's delivery location. Such sale shall be final, binding and conclusive irrespective of the mode of payment and delivery opted by the User. The User shall have an option to pick the most suitable payment and delivery mode from amongst the options given on the Website. Once a sale invoice is raised and if the User so requests, AyushArogyam shall, on behalf of the User, dispatch the Products to the delivery location by a courier or any other mode of delivery of its choice, unless chosen otherwise by the User.

Products ordered may be charged with shipping fee which is typically based on the higher of the volumetric (i.e., dimensional) or the actual weight of the order, the mode of shipment opted, the destination of the shipment, the type of package, the content of the package and the total order amount of the shipment. Relevant taxes,fees and surcharges shall also be applied.

Subject to the User instructing AyushArogyam to arrange delivery for the Products on its behalf, AyushArogyam shall endeavor to ship/deliver the Products within 48 to 96 hours of placing the order, depending on the destination of the order and the ability of the third party logistics companies, all of whom are separate and independent of AyushArogyam, to deliver the Products ordered to that destination. However, in case of any delay in shipping and delivery, AyushArogyam assumes no liability what so ever regarding the deterioration of the patient's health. User allows AyushArogyam to deliver the order within a reasonable time, notwithstanding any timelines committed by AyushArogyam at the time of the placement/acceptance of order. For immediate and urgent needs, including those for emergencies or life-threatening situations, and for the situations where the extent of time taken to deliver the Products to the patient is critical and, hence, has to be minimized, the User/patient is strongly advised andurged to purchase the Products from the nearby retail outlets.

Emergency deliveries may be available but cannot be guaranteed. Therefore, in case User needs any Product immediately or urgently, AyushArogyam strongly recommends going to a nearby retail outlet/ store to purchase it instead of ordering it through the Website.

By default, the shipping address to be used to deliver Products to User is the one which AyushArogyam has on file in User's account with AyushArogyam (please refer to paragraph 3.1 above) at the time of placing the order by User. It is User's responsibility to review,verify and update the address in User's account before placing his/her order. If Use renters the wrong address or does not update his/her address, AyushArogyam shall not be obliged to re-send the order to User's corrected or new address.

The User shall be responsible to inform AyushArogyam if an order does not arrive within the expected or stated time. Once AyushArogyam is informed that an order has not been delivered,it shall investigate the reasons for the delay. AyushArogyam shall not be held liable for any loss or damage resulting from a late delivery.

10. Return, Refund and Cancellation Policy

In the event that the User receives a damaged or incorrect Product, AyushArogyam shall refund the original Product price, delivery, wrapping and other fees via the original method of payment after the damaged or incorrect Product is returned to AyushArogyam at its cost and per its satisfaction. Alternatively, if the User requests a replacement, AyushArogyam shall dispatch the replacement item (subject to availability) once the damaged or in correct Product is returned at AyushArogyam's cost and per its (i.e., AyushArogyam's) satisfaction. The returned Product shall be in the same condition as it was delivered and shall be dispatched back by the User within 7 days from the date of receipt. Refunds shall be processed within 21 business days from the receipt of the damaged or incorrect Product in accordance with this clause. Every order successfully delivered shall be assumed to have been received with full satisfaction of the User if no communication is received by AyushArogyam within 7 days from the date of delivery and no claims of any nature shall be entertained thereafter.

In the event that User has placed an order but the Product is out of stock or unavailable for any other reason or is not delivered within the stipulated delivery timeline mentioned on the Website and User chooses to cancel the order, AyushArogyam shall refund the payment so processed back to User's account through which the initial payment was made. Such refund process shall also be completed within 25 days from the date of the original payment. Without limiting the operation of any other Terms herein, AyushArogyam shall not accept liability for any late delivery or loss or damage arising from items lost, stolen or damaged after a successful delivery has taken place.

Once an order placed by User has been delivered to him/her, User cannot cancel the order. User may, for a genuine unavoidable reason, which must be shared with AyushArogyam within a reasonable time after the successful delivery of the order, return the delivered Products back to AyushArogyam at his (i.e., User's) own cost and request credit for it. In turn, AyushArogyam may, at its sole discretion, being satisfied with the reasons provided by the User, credit the money to the User's account for future orders. Further, AyushArogyam reserves the right to deny the privilege of placing orders based upon cash payment to a user who is deemed by AyushArogyam, in its sole discretion, of abusing or otherwise using inappropriately the privilege of placing orders based upon cash payment. Such a situation may occur if User places 2 or more orders based upon cash payment terms and declines or is not available to take delivery for these orders. AyushArogyam shall not be under any obligation to warn User before denying the privilege of placing orders based upon cash payments to him/her.

AyushArogyam may use any third party logistics company, including a courier company, for the purpose of delivering Products. All of these logistics companies are separate and independent of AyushArogyam. In such a case, if any damage or delay is directly or indirectly attributed to such a third party, AyushArogyam shall assume no liability whatsoever and will ask User to makes all claims against such third party company. Customer should not accept the delivery of any damaged or visibly tampered package. He/she should not open such a package. Instead he/she should return it immediately to the courier who delivered the package and inform AyushArogyam immediately about it.

11. Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of AyushArogyam. Such disclosure, submission or offer of any Comments shall constitute an assignment to AyushArogyam of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, AyushArogyam owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. AyushArogyam will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. AyushArogyam is and shall be under no obligation

(1) to maintain any Comments in confidence;

(2) to pay you any compensation for any Comments; or

(3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". AyushArogyam does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant AyushArogyam the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify AyushArogyam and its affiliates for all claims resulting from any Comments you submit. AyushArogyam and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

12. Copyright & Trademark

AyushArogyam, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of AyushArogyam or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to AyushArogyam.

Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of AyushArogyam. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of AyushArogyam, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site.

Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site 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 AyushArogyam endorsement, sponsorship or recommendation of the third party, information, product or service.

AyushArogyam is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use.

You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of AyushArogyam or its licensees and suppliers and protected by Indian and international copyright laws.

The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by AyushArogyam, one of its affiliates or by third parties who have licensed their materials to AyushArogyam and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of AyushArogyam and is also protected by Indian and international copyright laws.

13. Termination

The Company reserves the right, in the event you breach these Terms of Use stipulated herein, to suspend and / or terminate your access to the Website with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Website. Upon suspension or termination, your right to procure the Services on the Website shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information.

14. Limitation of Liability

You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to:
- the use or the inability to use the Website and / or Services; or
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website and / or Services; or
- unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website and / or services.

To the fullest extent permitted by law, in no event will the Company or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the Company has been warned of the possibility of such damages.

Notwithstanding anything to the contrary in these Terms of Use, the Company's liability under these Terms of Use shall in no event exceed the Service fee amounts collected from you by AyushArogyam, but excluding any amounts collected by it for and on behalf of the doctor or health care professional as a collection agent, for the provision of any clinical service by such professional.

15. By Using This Website You Represent And Warrant That:

You are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation;

All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;

Your registration on the Website is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

Your personal and non-commercial use of this Website shall be subjected to the following restrictions:
- you may not modify any content of the Website;
- you may not decompile, reverse engineer, or disassemble the content, or
- you may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.

You will not:
- use the Service available on the Website for commercial purposes of any kind; or
- use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.

You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or the Services.

You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.

You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

The Company cannot and will not assure you that other AyushArogyam Users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

All information, content and material contained in the Website and / or Services are the Company's intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company's express written permission.

You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Company and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Website, although the Company is under no obligation to do so.

You expressly understand and agree that:
- The information, content and materials on this Website and / or Services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchant ability, fitness for a particular purpose and non-infringement.
- The Company does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
- Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

You hereby indemnify, defend, and hold the Company, the Company's distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.

16. Applicable Law

The interpretation of this Agreement and the resolution of any disputes arising under these Terms of Use shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively at Mumbai, India.

17. Arbitration

Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Mumbai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the relevant clauses.

18. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

19. Notices

All notices and other communications required or permitted here under to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

If to AyushArogyam:

AyushArogyam,

Shop No. 21 & 30, Shrinagar Shopping Complex,

Shrinagar, Wagle Estate

Thane - 400604

If to you:

at the email address provided by you to us when you registered as a AyushArogyam User.

20. Waiver

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

21. Complete Understanding

These Terms of Use contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

22. Advice of Counsel

Each Party acknowledges:

a. having fully read these Terms of Use in its entirety;

b. having had full opportunity to study and review these Terms of Use;

c. having been advised that counsel for us has acted solely on our behalf in connection with the negotiation, preparation, and execution of these Terms of Use;

d. having been advised that all parties have the right to consult and should consult independent counsel respecting their rights and duties under these Terms of Use; and