The website https://www.tatvacare.in/ or https://www.mytatva.in/(“Website”) and mobile application TatvaCare or MyTatva available for download at the Google Play Store, the Apple App Store and the Windows App Store (hereinafter referred to as “Mobile Application”) are operated by Digicare Health Solutions Private Limited (here after referred as “TatvaCare or MyTatva”), a company incorporated under the Company’s Act 2013 and having its registered office address at 8th Floor, N.G. Tower, Iscon Cross Roads, Satellite, Ahmedabad, Gujarat.
The Agreement applies to you whether you are –
- A doctor or health care provider (whether an individual professional or an organization or hospital) or similar institution wishing to be registered, or already registered, on the Website and/ or Mobile Application, including designated, authorised associates of such practitioners or institutions(“Medical Practitioner (s)”, “you” or “User (s)”, as the context permits); or
- A patient, his/her representatives or legal heirs, searching for Medical Practitioners and registered through the Website and/ or Mobile Application (“End User”, “you” or “User (s)”, as the context permits); or
- Otherwise a user of the Website and/ or Mobile Application (“you” or “User (s)”, as the context permits).
This Agreement applies to those services made available by TatvaCare on the Website and/ or Mobile Application to the User, including the following (“Services”):
- For Medical Practitioners: Listing of Medical Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website and/ or Mobile Application and creating support profiles for their assistants, junior doctors, paramedics respectively on case to case basis for assisting the Medical Practitioners.
- For other Users: Facility to (i) Search for Medical Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by TatvaCare or MyTatva, (ii) to make appointments for consultation and follow-up with Medical Practitioners, (iii) to engage with the Medical Practitioners through video, telephone, and online-chat/message for telemedicine consultations and share their data.
- ACCOUNT ENROLEMENT:
- GENERAL CONDTIONS:
- We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (excluding payment information), may be transferred unencrypted subject to applicable law, and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks. You agree and undertake not to reproduce, duplicate, copy, alter, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any content on the Website and/ or the Mobile Application through which the Services are provided. Your right to use the Website and/ or Mobile Application is non-transferable and non-exclusive. Any rights given to you by virtue of using the Services are not transferable and non-exclusive. Any reproduction, retransmission, redistribution, publication or other use of any content, form or document available on the Website and/ or the Mobile Application is strictly prohibited other than for your personal use. You do not have nor can you acquire ownership rights to any content or document obtained from our Website and/ or Mobile Application.
- Without prejudice to the generality of the Services, TatvaCare has no role to play in determining the consultation fees of the Medical Practitioner’s. The consultation fees are determined at the discretion of the Medical Practitioner’s and TatvaCare will collect the consulting fees on behalf of Medical Practitioner along with a convenience fee and all applicable taxes payable after which the appointment will be confirmed. TatvaCare shall not be liable for any refunds to the End User in the event the End User’s booked slot/ time for an appointment has been delayed or cancelled by Medical Practitioner. However, TatvaCare will work with the End User to schedule another appointment with the same or another Medical Practitioner. Any grievances can always be communicated to the support team at firstname.lastname@example.org
- Without prejudice to the generality of the above, TatvaCare or its licensor or advisors or consultants shall not be liable for:
- any wrong medication or treatment being prescribed/ given by the Medical Practitioner(s), or any medical negligence on the part of a Medical Practitioner(s);
- any type of inconvenience suffered by the End User due to a failure on the part of the Medical Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Medical Practitioner, inappropriate treatment, or similar difficulties;
- any misconduct or unethical or inappropriate behavior by the Medical Practitioner or the Medical Practitioner’s staff;
- cancellation, no show, or rescheduling of booked appointment or any variance in the fees charged;
- any medical eventualities that might occur subsequent to using the services of a Medical Practitioner, whom the End User has selected on the basis of the information available on the Website and/ or the Mobile Application or with whom the End User has booked an appointment through the Website and/ or the Mobile Application.
- any claims or damages in respect of the medical services, treatment and care rendered by the Medical Practitioner(s).
- any breach of applicable laws by the Medical Practitioner or his/her staff, End User or any other user or beneficiary of the Services.
- Further, TatvaCare shall not be liable, under any event, for any comments or feedback given by any of the User in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at TatvaCare’s sole discretion and may be modified or withdrawn at its sole discretion. TatvaCare may moderate such feedback at any time. TatvaCare shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Medical Practitioner from the Website and/ or the Mobile Application.
- You hereby give your consent to us for using your location, camera, audio, storage, video, microphone, etc. for providing you the Services under this Agreement.
- TatvaCare shall have a right to post various articles and eBooks on the Website and/ or the Mobile Application and TatvaCare holds the right to decide which articles can a particular Medical Practitioner be allowed to download as pdf for offline reading while for e-books, every Medical Practitioner can download up to 40 pages worth of chapters per day across all books as pdf for offline reading or as may be decided from time to time by TatvaCare.
- You shall not reverse engineer, decipher, decompile, decode, decrypt, disassemble, frame, hotlink or deeplink or derive any source code or the content from the Website and/ or the Mobile Application.
- You agree that you will not perform any act that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) with respect to its functionality, performance and efficiency.
- You agree that you shall not delete or revise any material or information posted by any other user(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
- You will not submit any of your information under (i) a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which your content is submitted.
- We have made every effort to display information as accurately as possible including details about hospitals, Medical Practitioners, location, medical data and any other related information. We cannot guarantee that your mobile phone/laptop/desktop/other device will not display incomplete information at any time.
- We reserve the right, but are not obligated, to limit the sales of Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the Services that we offer. All descriptions of pricing are subject to change at any time without notice, at the sole discretion of TatvaCare and/ or Medical Practitioners as and when applicable. We and/ or Medical Practitioners jointly or separately reserve the right to discontinue any Service at any time.
- You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences are strictly between you and the other Users. You shall not hold TatvaCare responsible for any such interactions and associated issues. For avoidance of doubt, TatvaCare is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Medical Practitioner you interact with, pursuant to any interactions on the Website and/ or Mobile Application. Other than information received directly by you from Medical Practitioner in the context of Services, the content on the Website and/ or Mobile Application should not be considered medical advice. If you decide to engage with a Medical Practitioner to provide medical services to you, you do so at your own risk. TatvaCare shall not be responsible for any breach of service or service deficiency by any Medical Practitioner. We cannot assure nor guarantee the ability or intent of the Medical Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Medical Practitioner. We do not warrant that the quality of any services, information obtained by you will meet your expectations, or that any errors in the Service will be corrected. You further understand that the Services are not a substitute for any emergency medical care and it is advisable not to use these services in case of any medical emergency.
- We reserve the right to refuse any appointment booking or consultation you place with us. We may, in our sole discretion, limit or cancel appointments scheduled per person, or per booking. These restrictions may include appointments booked by or under the same patient account, the same payment method, and/or booking that use the same billing and/or shipping address. In the event that we make a change to or cancel booking, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the booking was made. We reserve the right to limit or prohibit bookings that, in our sole judgment, appear to be placed by unauthorised entities.
- TatvaCare shall not be responsible or liable in any manner to any User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures or publications made by TatvaCare, where the User has expressly or implicitly consented to the making of disclosures or publications by TatvaCare. If the User had revoked such consent, then TatvaCare shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by TatvaCare prior to its actual receipt of such revocation.
- The terms in this Clause 2.16 are applicable only to Medical Practitioners.
- Medical Practitioners shall have and shall continue to maintain and keep current all their qualifications, registrations, licenses and enrollments required by applicable laws and rules of professional conduct.
- TatvaCare directly (when provided by a Medical Practitioner) or indirectly collects information regarding the Medical Practitioners’ profiles, contact details, and practice (including but not limited to licenses, registration certificates, educational qualification certificates). TatvaCare reserves the right to take down any Medical Practitioner’s profile as well as the right to display the profile of the Medical Practitioner’s, with or without notice to the concerned Medical Practitioner. This information is collected for the purpose of facilitating interaction with the End Users. If any information displayed on the Website and/ or Mobile Application in connection with you and your profile is not correctly written or it undergoes any change, you are required to inform TatvaCare immediately to enable TatvaCare to make the necessary changes.
- TatvaCare shall not be liable and responsible for the ranking of the Medical Practitioners on external websites and search engines.
- Medical Practitioner shall use the Website and/ or Mobile Application in accordance with the protocol if any provided by TatvaCare/ its licensor and shall use the updated version only.
- Medical Practitioner shall be responsible for any acts & omissions of any of it’s personnel and shall inform TatvaCare in case they believe or become aware of any actual or potential unauthorized access or any attempt to disrupt the integrity of the Website and/ or Mobile Application.
- TatvaCare reserves the right to moderate the suggestions made by the Medical Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website and/ or the Mobile Application. However, TatvaCare shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Medical Practitioners are added to the Website and/ or the Mobile Application.
- Medical Practitioners explicitly agree that TatvaCare reserves the right to supply the content provided by Medical Practitioners to a third party or publish the same on other content platforms without any prior consent of the Medical Practitioners and/ or the End User.
- You as a Medical Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law, including but not limited, to Indian Medical Council Act, 1956, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Telemedicine Practice Guidelines issued by the Ministry of Health and Family Welfare, Drugs and Cosmetics Act, 1940, and the Clinical Establishment (Registration and Regulation) Act, 2010, and any amendments thereto (“applicable laws”). Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and TatvaCare accepts no liability for the same.
- You should limit the use of this Website and/ or Mobile Application within the territory of India only and only for the End Users and you shall not provide Services to any person other than End Users.. You shall not provide Services to any person who is not a resident of India. TatvaCare shall not be responsible if End-User avail any services from outside India.
- TatvaCare ensures easy access to the Medical Practitioners by providing a tool to update your profile information. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using the Services, and that no such content breaches any third party rights, including intellectual property rights or confidentiality obligations undertaken by you. Upon becoming aware of a breach of the foregoing representation, TatvaCare may modify or delete parts of your profile information at its sole discretion without any notice to you.
- If TatvaCare determines that you have provided unauthorised or inaccurate information or enabled fraudulent feedback, TatvaCare reserves the right to immediately suspend any of your accounts with TatvaCare and makes such declaration on the Website and/ or the Mobile Application alongside your name/your clinics name as determined by TatvaCare for the protection of its business and in the interests of Users.
- TatvaCare reserves the rights to display sponsored ads on the Website and/ or the Mobile Application. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, TatvaCare will not be liable for the accuracy of information or the claims made in the Sponsored Listings.
- TatvaCare does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. TatvaCare will not be liable for the services of the providers of the Sponsored Listings.
- TatvaCare shall remit the fees to the Medical Practitioner in accordance with the terms agreed between the Medical Practitioners and TatvaCare.
- TatvaCare reserves the right to revise the convenience fee terms at any time at their discretion. The Medical Practitioner’s continued use of the services shall constitute his/her consent to such revision.
- Medical Practitioner hereby represents and warrants that he/she/it;
is qualified to provide medical services in accordance with applicable laws;
has obtained and kept valid all licenses as required by applicable law to provide medical services including but not limited to being enrolled in the Indian Medical Register or the State Medical Register of Medical Council of India or the relevant State Medical Council as applicable, and has not committed any act or omission that might prejudice its continuance or renewal;
has provided TatvaCare true, accurate, complete and up to date details about their qualification and credentials;
has not been subject to any disciplinary or medical negligence proceedings or is not facing any claims from any third-parties.
- Medical Practitioner agrees that he/she/it shall at all times abide by the applicable medical regulations.
- Medical Practitioners shall promptly renew their licenses required to provide medical services and provide a copy to TatvaCare about the same. Furthermore, Medical Practitioners must without delay notify TatvaCare in the event the Medical Practitioner loses his/her ability to practice medicine or there is a suspension of the Medical Practitioner’s licenses or registrations due to any reasons whatsoever.
- Medical Practitioners shall promptly comply with paying government taxes, filing tax returns and following related procedures.
- TatvaCare reserves the right to immediately terminate or suspend any Account of the Medical Practitioner without notice, in case;
TatvaCare is unable to verify or authenticate any information provided to it by a Medical Practitioner; or
TatvaCare in its sole and absolute discretion believes that actions of the Medical Practitioner may cause legal liability for TatvaCare or other Users and / or may adversely affect the Services rendered by TatvaCare.
- Medical Practitioner hereby agrees that, for any End User who contacts the Medical Practitioner using the Website and/ or Mobile Application, only he/she/ it shall be allowed to perform the services for the End User and that the Medical Practitioner may under no circumstances be permitted to transfer the performance of his/her/its services to any other person, whether under their supervision or not. The Medical Practitioner accepts all responsibility and liability for the use of Website and/ or Mobile Application, including the performance of his/ her/its services, by any other party claiming to be the Medical Practitioner and hereby agrees to indemnify and hold harmless TatvaCare and its affiliates, officers directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any claim, damages, expenses or loss that may be faced consequent to such use.
- Medical Practitioner hereby agrees to hold in strictest confidence all information provided by End User and/ or TatvaCare to him/her/ it under all circumstances. Medical Practitioner agrees that he/she/ it shall not disclose any information or documentation provided by an End User to any other person, nor shall he/she/ it allow, by act or omission, such information or documentation to be acquired by any other person. Furthermore, the Medical Practitioner agrees to abide by all applicable data protection laws, including but not limited to Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Electronic Health Record (EHRC) Standards, 2016 notified by the Ministry of Health and Family Welfare, and any amendments thereto.
- Medical Practitioner agrees to render his/her services and fulfill their obligations towards their End User using their best efforts, skill and ability.
- The Medical Practitioner will clearly and accurately identify himself/herself prior to provision of services to any End User.
- The Medical Practitioner agrees that his/her professional judgement will be the guiding principle for all telemedicine consultations, and that he/she will uphold the same professional and ethical norms and standards as applicable to traditional in-person care, within the intrinsic limitations of telemedicine.
- Any medicines or drugs must be prescribed by means of telemedicine only after the Medical Practitioner is satisfied that the Medical Practitioner has adequate and relevant information about the End User’s medical condition and prescribed medicines are in the best interest of the End User. Any prescriptions that are prescribed by the Medical Practitioner to End Users must be maintained as required for in-person consultations. Furthermore, the Medical Practitioner must not prescribe any restricted medicines, drugs, herbs or other such substances as per applicable law, nor encourage the End User to obtain such restricted substances on their own accord. If a physical examination is critical for consultation, the Medical Practitioner should not proceed until a physical examination can be arranged through an in-person consult.
- The Medical Practitioner will exercise professional judgement in determining whether a telemedicine consultation is appropriate in a given situation or an in-person consultation is required in the interest of the End User and shall further determine the mode of consultation basis on the requirement for diagnosis or treatment on a case to case basis. If a physical examination is critical information for consultation, the Medical Practitioner should not proceed until a physical examination can be arranged through an in-person consult.
- The Medical Practitioner will prior to provision of services and any End User consultation, obtain the End User’s consent and after verifying and confirming the End User’s identity by name, age, address, email ID, phone number, registered ID or any other identification as may be deemed to be appropriate.
- Medical Practitioner not to exchange any personal contact information with any End User or encourage any End User for making payments related to the Services off the Website/Mobile Application.
- Medical Practitioner agrees and understands that some or all his/her information including information available on other websites or platforms, may be made available to the general public through the Website and/ or Mobile Application or otherwise by TatvaCare and that he/she has no objection to the same.
- Medical Practitioner hereby assigns to TatvaCare in perpetuity all intellectual property rights residing in the responses provided by him/her for use by TatvaCare worldwide.
- Any communication sent by or through Website and/ or Mobile Application to the Medical Practitioner is based solely on information uploaded by the Users. TatvaCare shall not be responsible for the incompleteness and/or inaccuracy of such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
- The Medical Practitioner authorizes TatvaCare to collect consultation fees from End Users on behalf of the Medical Practitioner through the multiple approved payment gateways, and such collection shall be in advance and prior to the Medical Practitioner providing such End Users any services.
- ACCURACY AND COMPLETENESS OF INFORMATION:
TatvaCare collects, directly or indirectly, and displays on the Website and/ or in the Mobile Application, relevant information regarding the profile and practice of the Medical Practitioners listed on the Website and/ or the Mobile Application, such as their specialization, qualification, fees, location, visiting hours, and similar details. TatvaCare takes commercially reasonable efforts to ensure that such information is updated at frequent intervals. Although TatvaCare screens and validates the information and photos submitted by the Medical Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such commercially reasonable efforts. To the extent medical advice is provided to you by the Medical Practitioners through the Services, such medical advice is based on your personal health data as provided by you to the Medical Practitioners and the local standards of care for your presenting symptoms, based on the information you provide. We are not responsible if information made available on the Website and/ or the Mobile Application is inaccurate, incomplete and/or not current. The material on the Website and/ or the Mobile Application are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material or medical information on the Website and/ or the Mobile Application are at your own risk. The Website and/ or Mobile Application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website and the Mobile Application at any time, but we have no obligation to update any information on the Website and the Mobile Application. You agree that it is your responsibility to monitor changes to the Website and the Mobile Application. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
- MODIFICATIONS TO THE SERVICE AND PRICES:
Prices for our Services are subject to change. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services. We may change our technology partner and/or licensor and you hereby give your consent to TatvaCare to transfer all your information on the Website and/ or the Mobile Application to the new technology partner and/or licensor. We are not liable for any issues arising out of the transaction or decline of your transaction for any reasons including but not limited to your payment method not containing sufficient funds to complete the transaction or if you have provided incorrect payment details.
- THIRD PARTY CONTENTS:
We may provide you with access to third-party contents which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such content ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party contents.
Any use by you of such third-party contents offered through the Website and/or the Mobile Application is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which contents are provided by the relevant third-party provider(s).
You hereby agree that TatvaCare and its licensor owns and/ or has a license to use all proprietary rights, including copyrights, patents, trademarks, brand names, logo, design and any trade secrets of the Website and the Mobile Application. A limited royalty-free right is granted to you by TatvaCare to use the content available on the Website and/ or Mobile Application only for personal and non-commercial use in India for the term of the Agreement. The Users agree that other than the express licenses granted in this Agreement TatvaCare or its licensor does not transfer ownership of any of these rights. All the contents on the Website and/ or the Mobile Application are owned and/ or licensed by TatvaCare and/or its licensor, they shall not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without TatvaCare’s prior written permission. You agree that you are the sole owner of all rights (including all intellectual property rights) in the content that you post on the TatvaCare. To the extent required and permissible by Law, you grant to TatvaCare and its licensor a non-exclusive, perpetual, non-revocable, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, copy, format, modify, create derivative work/s and distribute any materials, trademarks, trade names and other forms of your intellectual property which you have provided to TatvaCare.
- DATA COLLECTION AND USAGE:
- ERRORS, INACCURACIES AND OMISSIONS:
Occasionally there may be information on our Website and/ or in Mobile Application or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information. We undertake no obligation to update, amend or clarify information in the Services or on Website and/ or in Mobile Application, including without limitation, pricing information, except as required by law.
- PROHIBITED USAGE:
- TatvaCare may also modify, prevent access to, delete or refuse to display, terminate the contract, disable the user logins when we believe the same violates the law or the terms in this Agreement.
We do not guarantee, represent or warrant that your use of our Services by our Website and/ or the Mobile Application will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may stop providing the Services for indefinite periods of time or suspend the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use. To the fullest extent permitted by law, we hereby disclaim all representation and warranties or conditions of any kind, either express or implied created by law, contract or otherwise, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We also, disclaim any liability arising out of any pre-existing medical condition; or any adverse drug reaction (due to any act or omission based on information found on the Website and/or Mobile Application, or otherwise); or sudden escalation of a prior medical condition or medical situations. Neither TatvaCare nor its contractors and/or agents and/or licensors shall be liable to a User, monetarily or otherwise, for any such occurrence; the responsibility and liability at all times lines with the concerned Medical Practitioner.
You agree to indemnify, defend and hold harmless TatvaCare and its affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any and all claims, actions, expenses, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including reasonable attorney’s fees, made by any third-party or other users of the Website or Mobile Application due to or arising out of (i) your violation of any applicable law; (ii) your violations of the rights of a third-party; (iii) breach of any third party intellectual property right; (iv) your use or access of the Services through the Website and/or Mobile Application; (v) for any breach, default, contravention, non-observance, non-performance, improper performance of any of his/her/its obligations or the terms, conditions, covenants and provisions contained in the Agreement; (vi) any negligent or intentional wrongdoing on your part, (vii) misrepresentations or fraudulent feedback that has adversely affected TatvaCare and/or its licensor and/or its other Users, and (viii) any such claim or liability arising out of unauthorized use of Website and/or Mobile Application and content within the Website and/or Mobile Application.
- LIMITATION OF LIABILITY:
In no case shall TatvaCare, our directors, shareholders, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (collectively, called as the “Protected Entities”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service procured using the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Under no circumstances will Protected Entities aggregate liability to you for any and all claims, including third party claims, or losses arising from or in connection with or relating to the Services and this Agreement, whether in contract (including under an indemnity), tort (including negligence), strict liability, statute or otherwise, exceed the value of INR 100. Please be aware that additional legal notices, disclaimers, and other terms and conditions may apply to portions of the Website and/ or the Mobile Application.
- You may cease being bound by the Agreement at any time by providing 15 working days prior written notice to TatvaCare at email@example.com notifying us that you no longer wish to use our Services, or when you cease using our Services (including when the Service you use comes to an end), Website and/ or Mobile Application.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes and any provision of this Agreement which by its nature is intended to survive will survive the termination of this Agreement.
- GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement shall be governed by and construed in accordance with the laws of India without reference to its conflict of law principles. All the disputes arising between the parties hereto shall be settled exclusively by the competent courts located at Ahmedabad, India.
- In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the remainder of the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions of this Agreement.
- Notwithstanding anything herein to the contrary, TatvaCare shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, epidemic, pandemic and lockdown, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.