RESA Healthcare Pvt. Ltd. (“RESA”, “we,” or “us” or “our”) offers among other things, a program called Kritam (“the Program”), of a duration as maybe prescribed by RESA of approximately three (3) months unless extended otherwise as per these Terms, with or without any additional consideration (“Period”). Under the Program a team of qualified medical professionals (“the Team”) consisting of Physiotherapists, Nutritionists, Psychologists and Ayurvedic and other qualified medical professionals would be analysing and advising the users (“Users”, “you”, “your”) enrolled for the Program on lifestyle related changes, including but not limited to diets, dietary supplements and exercises to achieve an overall improvement in their health in a time bound manner. Apart from the in-person consultations, the Users would also be provided with an access to a mobile/web application developed, owned and operated by RESA accessible through smart phones and computer devices (“Application”).
As part of the Services, the Application also provides videos of preventive healthcare related advises, Yoga, meditation, therapeutic exercises for better health. You understand and acknowledge that these videos are created and produced by RESA and are for informational purposes only. It is upon your own risk and discretion to interpret these videos or any other information provided through the Application. The Application also provides a feature of messaging/chatting, which shall facilitate you to communicate with the other Users of the Application. As part of the Services, we may also an online consultation through the medium of video conferencing to the Users who may not be able to attend the in-person consultations.
THE USER’S USE OR ACCESS OF FEATURES, FUNCTIONALITIES, RESA CONTENT AND VARIOUS OTHER SERVICES PROVIDED THROUGH THE APPLICATION (COLLECTIVELY DEFINED AS “SERVICES”) SHALL BE GOVERNED BY THESE TERMS.
By registering on the Application, you represent and warrant that:
3.REGISTRATION OF USER ACCOUNT
To avail the Services, you must complete the registration on the ‘Sign Up’ page or by visiting us in person. You will be required to register and create an account with a User ID and a password (collectively “Account”). You agree that any registration information provided by you will always be accurate, correct and complete.
You shall be responsible for maintaining the confidentiality of your Account and you agree to accept responsibility for all activities that occur under your Account and in relation to the Services. We also reserve the right to refuse registration of, or cancel Accounts which we deem inappropriate. The Account gives you an access to the Services and functionalities that we may establish and maintain from time to time and in our sole discretion.
You must notify RESA immediately of any breach of security or unauthorized use of your Account. RESA shall not be liable for any losses caused by any unauthorized use of your Account.
RESA does not charge any additional fees for the use or access of the Services, if the User has opted for the Program. However, RESA reserves its right to charge an additional fees, if the User intends to use the Services hereunder beyond the Period (as defined in Section 1). Additionally, RESA reserves its right to grant use and access of the Services to the User not opted for the Program subject to payment of the fees as may be determined by RESA.
5.USE OF THE SERVICES
Subject to these Terms, and during the Period, we hereby grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, non-commercial use only and as permitted by these Terms.
RESA may, at its sole discretion grant you the license to use, access and evaluate the Application, without any fees, for a trial period as may be decided by RESA (“Trial Period“). You agree that during the Trial Period, the Application is provided to you on a trial basis for your understanding and evaluation of the Services before the registration, and that the Application may contain some defects. RESA shall not be held liable for any defect contained therein or the Service provided during the Trial Period.
7.OUR PROPRIETARY RIGHTS
You may submit comments or feedback in the form of pictures or videos, review, ratings about the Services including without limitation about how to improve the Services and the features of the Application. By submitting any comment, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place RESA under any fiduciary or other obligation to maintain the secrecy of such feedback, comments or review and that we are free to use the feedback, review, ratings without any additional compensation to you, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, RESA does not waive any rights to use similar or related ideas previously known to RESA or developed by its employees, or obtained from sources other than you.
You represent, warrant, and agree that no content/details shared by you with the Application and/or other users (“User Content”), shall violate or infringe upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
You acknowledge that you shall be solely responsible for the User Content and we do not have any control over the same. However, we reserve the right to review the User Content and if the same is not in accordance all applicable laws, rules and regulations, or found to violate any privacy or any other right including third party rights, we shall remove such content, without any prior notice to you.
The User Content should be free from virus, trojan etc. and should not contain any illegal, unethical or competitive data.
The Application may from time to time contain hyperlinks to other websites or applications. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Application to another website or application does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which they provide. RESA is not a party to any transaction between you and such website. Your use of such website is subject to the terms and conditions of that website, without any reference to this Application.
11.PRIVACY & SECURITY
12.NO MEDICAL ADVICE
THE SERVICES INCLUDING BUT NOT LIMITED TO HEALTHCARE TIPS, EXERCISES DISPLAYED THROUGH RESA CONTENT, PROVIDED THROUGH THE APPLICATION IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE USER MUST READ AND STRICTLY FOLLOW ANY INSTRUCTIONS OR PRECAUTIONARY MEASURES AVAILABLE ON THE APPLICATION BEFORE FOLLOWING ANY SUGGESTIONS, DIETS OR EXERCISES AVAILABLE ON THE APPLICATION. IN THE EVENT THE USER EXPERIENCES ANY DISTRESS, DISCOMFORT OR MEDICAL EMERGENCIES, THE USER MUST IMMEDIATELY STOP USING THE APPLICATION. THE USER SHALL NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM ANY OTHER QUALIFIED HEALTHCARE PROVIDER OR A QUALIFIED MEDICAL PRACTITIONER IN THE EVENT OF MEDICAL EMERGENCIES. THE USER SHALL CONTINUE SEEKING ANY ADVICE OR TREATMENT THAT THE USER HAS BEEN AVAILING FROM ANY OTHER QUALIFIED HEALTHCARE PROVIDER OR QUALIFIED MEDICAL PRACTIONER FOR ANY PREVIOUSLY DIAGNOSED AILMENTS OR DISEASE. USER’S USE OF RESA CONTENT IS SOLELY AT THEIR OWN RISK.
RESA reserves the right, in its sole discretion, to terminate your access to the Application and Services at any time, without notice. Your right to access and use the Application and Services terminates automatically upon your material breach of any of the of these Terms or expiry of the Period.
You agree not to engage in any of the following activities:
You may not (a) use the Application for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You may not use the Application for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You may not use the Application in any manner that could disable, overburden, damage, or impair the Application, or interfere with any other party’s use and enjoyment of the Application; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Application, or violating any regulation, policy, or procedure of any network, equipment, or server.
You may not share or transmit contents or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.
You may not impersonate another person or entity, or misrepresent your affiliation with a person or User, while using the Application.
You may not use or attempt to use another’s account or personal information; and, you may not attempt to gain unauthorized access to the Application, or the computer systems or networks connected to the Application, through hacking password mining or any other means.
You agree to defend, indemnify and hold harmless RESA and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information that is submitted through your Account including without limitation any misleading, false or inaccurate information; and (vi) any death or bodily injuries caused due to any use of the Services or any RESA Content.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE EXPERTISE, OR BENEFIT OF THE INFORMATION, OR OTHER CONTENT THROUGH THE APPLICATION. IN NO EVENT, SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RESA, ITS SUBSIDIARIES, AND ITS AFFILIATES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RESA CONTENT IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR SMART PHONE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
EVERY EFFORT IS MADE TO KEEP THE APPLICATION UP AND RUNNING SMOOTHLY. HOWEVER, RESA TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE APPLICATION BEING TEMPORARILY UNAVAILABLE DUE TO ANY PERIODIC MAINTENANCE OR ANY TECHNICAL ISSUES BEYOND OUR CONTROL.
17.LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, PARTNERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE APPLICATION OR THE SERVICES, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE APPLICATION OR THE SERVICES, FROM INABILITY TO USE THE APPLICATION OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE APPLICATION OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE APPLICATION OR ANY LINKS ON THE APPLICATION, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH THE APPLICATION OR ANY LINKS ON THE APPLICATION.
IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU UNDER ANY APPLICABLE LAW WHATSOEVER FOR ALL LOSS OR DAMAGE ARISING OUT OF USE OF THE SERVICES OR ACCESS TO THE APPLICATION SHALL NOT EXCEED INR 10,000/-. THE FORGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
We shall provide chat support for the Users to connect with our representatives (“Associates”) for any help or support, as may be required by the User in relation to the Services. The Users understands that this feature shall be available only during the working hours of RESA and that this feature is not an emergency service provided by RESA. User shall not hold RESA liable for any delayed responses. Users shall not use any foul language and always conduct themselves in professional manner, while interacting with the Associates. Any wrongful act or misconduct or use of foul language by the Users shall amount to termination of the chat by the Associates and RESA reserves the right to take appropriate legal action against the User. The User understands and acknowledges that the timings for this support services, may be changed by RESA, based on its internal policies.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RESA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
RESA may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you through an email or text messages on the mobile, or through posting of such notice on the Application, as determined by RESA in its sole discretion. The Users may also choose to discontinue with certain notification as described in this Terms. RESA is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We reserve the right to amend these Terms at any time and your use of the Services following any amendments, will represent your agreement to be bound by these Terms as amended. We therefore recommend that each time you access the Application or use our Services, you read these Terms. These Terms were last modified on January 2018.
This Terms, together with any amendments, shall constitute the entire Terms between you and RESA concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and RESA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.
Any dispute or claim relating in any way to your use of the Service, offered by RESA or through RESA will be resolved by binding arbitration, to be conducted by a sole arbitrator appointed by RESA. The arbitration proceedings shall be governed by the Arbitration and Conciliations Act, 1996 and the seat of the arbitration shall in Pune. The language of the proceedings shall be English and the award of the proceedings shall be final and binding on the parties.
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. Subject to the Dispute Resolution clause above, the Courts/Tribunals in Pune shall have exclusive jurisdiction to try any disputes or suit arising out of these Terms.