Terms & Condition
Arogya Gramin Healthcare Foundation (referred to as “we”, us”, “Arogya Gramin Healthcare
Foundation”) is the
author and publisher of the internet resource www.arogyagramin.com (together referred to as
“Websites”) on the
world wide web as well as other connected software and applications provided by Arogya Gramin
Healthcare
Foundation , and together with Websites referred to as “Services”). Arogya Gramin Healthcare
Foundation provides
the Services in partnership with its agents, affiliates, associates, representatives or other third
parties
(together referred to as “Partners”)
1. NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at
https://www.arogyagramin.com/privacy (“Privacy Policy”) before you decide to access the Website or
avail the
Services made available by us. These Terms and the Privacy Policy together constitute a legal
agreement
(“Agreement”) between you and Arogya Gramin Healthcare Foundation in connection with your visit to
the Website
and your use of the Services (as defined below).
The Agreement applies to you whether you are –
• A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”);
• A user of the Website (“you” or “User”)
• This Agreement applies to all services made available by Arogya Gramin Healthcare Foundation on
the Website.
The Services may change from time to time, at the sole discretion of AROGYA GRAMIN HEALTHCARE
FOUNDATION, and
the Agreement will apply to your visit to and your use of the Website to avail the Service, as well
as to all
information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and
describes how
we shall treat your account while you are registered as a member with us. If you have any questions
about any
part of the Agreement, feel free to contact us at info@arogyagramin.com
By downloading or accessing the Website to use the Services, you irrevocably accept all the terms
and conditions
stipulated in this Agreement and agree to fully abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated
to you. By
availing any Service, you signify your agreement and acceptance to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any
time.
You should read the Agreement at regular intervals. Your use of the Website following any such
modification
constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms
and
conditions, disclaimers, privacy policies and other policies applicable in general and/ or to
specific areas of
this Website or particular Service are also considered as part of the Agreement.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by
us. If you
do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to the use of the Website and the Services will be solely at the discretion of Arogya
Gramin
Healthcare Foundation. The Agreement is published in compliance of, and is governed by the
provisions of Indian
law, including but not limited to:
• the Indian Contract Act, 1872,
• the (Indian) Information Technology Act, 2000, and
• the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian)
Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules,
2011 (the
“SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the
“IG Rules”).
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in
any manner.
By registering, visiting and using the Website or accepting this Agreement, you represent and
warrant to Arogya
Gramin Healthcare Foundation that you are 18 years of age or older, and that you have the right,
authority and
capacity to use the Website and the Services available through the Website, and agree to and abide
by this
Agreement.
3. END-USER ACCOUNT AND DATA PRIVACY
The terms “personal information” and “sensitive personal data or information” are defined under the
SPI Rules
and are reproduced in the Privacy Policy.
i) Arogya Gramin Healthcare Foundation and its Partners may by the Services, collect
information
relating to the devices through which you access the Website, location from which you access and
anonymous data
of your usage. The collected information will be used only for improving the quality of the Services
and to
build new services.
ii) The Website and App allow Arogya Gramin Healthcare Foundation and its Partners to have
access to
Users’ email or phone number, for communication and analytics.
The Privacy Policy sets out:
• The type of information collected from Users, including sensitive personal data or information;
• The purpose means and modes of usage of such information;
• How and to whom Arogya Gramin Healthcare Foundation will disclose such information; and,
• Other information mandated by the SPI Rules.
The User is expected to read and understand the Privacy Policy, to ensure that he or she
knows
of:
• the fact that certain information is being collected
• the purpose for which the information is being collected;
• the intended recipients of the information;
• the nature of collection and retention of the information; and
• the various rights available to such Users in respect of such information.
iii) Arogya Gramin Healthcare Foundation and its Partners shall not be responsible in any manner for
the
authenticity or correctness of the personal information or sensitive personal data or information
supplied by
the User to Arogya Gramin Healthcare Foundation or any other person acting on behalf of Arogya
Gramin Healthcare
Foundation or its Partners.
iv). If a User provides any information that is untrue, inaccurate, not current or incomplete (or
becomes untrue,
inaccurate, not current or incomplete), or Arogya Gramin Healthcare Foundation has reasonable
grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, Arogya Gramin Healthcare
Foundation has
the right to discontinue the Services to the User at its sole discretion.
v) Arogya Gramin Healthcare Foundation and its Partners may use such information collected from
Users from
time to time to debug customer support related issues.
vi) Arogya Gramin Healthcare Foundation may now or in the future provide Services where you may be
able to
converse with Arogya Gramin Healthcare Foundation, its authorized representatives, its doctors or
similar
stakeholders via online chat, text messages, video call or voice call. When you choose this option,
the records
of such conversations, calls or exchanges may be recorded and stored in Arogya Gramin Healthcare
Foundation’s or
its Partners servers. Such records are dealt with only by the terms of the Privacy Policy. Arogya
Gramin
Healthcare Foundation and its Partners accept no liability if you choose to use such a facility to
interact with
doctors or clinicians or if the facility is not used by the foregoing.
vi). The details which we get from the end-user/customer, we use it further to communicate with them
via
call/email/SMS.
4. LISTING CONTENT AND DISSEMINATING INFORMATION
Arogya Gramin Healthcare Foundation collects, directly or indirectly, and displays on the Website,
relevant
information regarding the profile and practice of the Practitioners listed on the Website, such as
their
specialization, qualification, fees, location, visiting hours, and similar details. Such display of
information
about the Practitioners shall not be construed as advertising or soliciting their services. Arogya
Gramin
Healthcare Foundation takes reasonable efforts to ensure that such information is updated at
frequent intervals.
Arogya Gramin Healthcare Foundation cannot be held liable for any inaccuracies or incompleteness
represented
from it, despite such reasonable efforts.
Arogya Gramin Healthcare Foundation and its Partners do not provide or make any representation,
warranty or
guarantee, express or implied about the Website, the Services. Arogya Gramin Healthcare Foundation
and its
Partners do not guarantee the accuracy or completeness of any content or information provided by
Users on the
Website. To the fullest extent permitted by law, Arogya Gramin Healthcare Foundation and its
Partners disclaim
all liability arising out of the User’s use or reliance upon the Website, the Services,
representations and
warranties made by other Users, the content or information provided by the Users on the Website, or
any opinion
or suggestion given or expressed by Arogya Gramin Healthcare Foundation or its Partners or any User
in relation
to any User or services provided by such User.
The Website may be linked to the website of third parties, affiliates, and business partners.
Arogya Gramin
Healthcare Foundation has no control over, and not liable or responsible for content, accuracy,
validity,
reliability, quality of such websites or made available by/through our Website. The inclusion of any
link on the
Website does not imply that Arogya Gramin Healthcare Foundation endorses the linked site. Users may
use the
links and these services at the User’s own risk.
Arogya Gramin Healthcare Foundation and its Partners assume no responsibility, and shall not be
liable for,
any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of,
or browsing
the Website or the downloading of any material, data, text, images, video content, or audio content
from the
Website. If a User is dissatisfied with the Website, the User’s sole remedy is to discontinue using
the Website.
If Arogya Gramin Healthcare Foundation determines through feedback or otherwise that you have
provided
fraudulent, inaccurate, incomplete or false information, Arogya Gramin Healthcare Foundation
reserves the right
to immediately suspend your access to the Website or any of your accounts with Arogya Gramin
Healthcare
Foundation and makes such declaration about suspension on the website alongside your name as
determined by
Arogya Gramin Healthcare Foundation for the protection of its business and in the interests of
Users.
You shall be liable to indemnify Arogya Gramin Healthcare Foundation and its Partners for any losses
incurred as
a result of your misrepresentations or fraudulent feedback that has adversely affected Arogya Gramin
Healthcare
Foundation, its Partners or its Users.
5. BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND
INTERACTION WITH
MEDICAL SERVICE PROVIDERS
-
While Arogya Gramin Healthcare Foundation will try to ensure a confirmed appointment with a
medical
service provider (like a doctor or diagnostic lab) for a User who requested an appointment
on the
Website, Arogya Gramin Healthcare Foundation or its Partners do not guarantee that the User
will get a
confirmed appointment. Further, Arogya Gramin Healthcare Foundation and its Partners have no
liability
if such an appointment is confirmed but later cancelled, postponed or rescheduled by the
hospital or
medical service provider, or the medical service provider is not available as per the given
appointment
time.
-
Arogya Gramin Healthcare Foundation or its Partners may provide value-added services that
connect Users
directly to the medical service providers via video call, voice call, text message, online
chat or other
electronic means and the information exchanged between the User and the medical service
provider is
stored and used by the Privacy Policy. However, it is at the discretion of the User, to
avail such
Service if it is available.
-
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 Arogya Gramin Healthcare Foundation or its Partners responsible for any such
interactions
and associated issues and Arogya Gramin Healthcare Foundation will not be held responsible
or liable for
the same. For the avoidance of doubt, the Services are not to provide any healthcare or
medical advice
or diagnosis and hence Arogya Gramin Healthcare Foundation and its Partners are not
responsible for any
medical or other outcomes between you and the medical service providers you interact with,
according to
any interactions on the Website. If you decide to engage with a medical service provider to
provide
medical services to you, you do so at your own risk. Arogya Gramin Healthcare Foundation or
its Partners
shall not be responsible for any breach of service or service deficiency by any medical
service provider
you connect, engage with using the Website. We advise you to perform your investigation or
get feedback
before selecting a doctor or any other service provider available on the Website.
-
Without prejudice to the generality of the above, Arogya Gramin Healthcare Foundation or its
Partners
will not be liable for:
• any wrong medication or treatment quality being given by the doctor(s), the diagnostic service
provider(s),
pharmacy(s), or any medical negligence on part of the any of the above;
• any type of inconvenience suffered by the User due to a failure on the part of the medical service
provider
including doctor to make himself/herself available at the appointed time, no show by the doctor,
inappropriate
treatment, or similar difficulties;
• cancellation or rescheduling of booked appointment or any variance in the fees charged;
• any medical eventualities that might occur after using the services of a doctor, diagnostic lab
services,
pharmacy, whom the User has selected based on the information available on the Website or with whom
the User has
booked an appointment or performed a transaction through the Website.
• Further, Arogya Gramin Healthcare Foundation shall not be liable, under any event, for any
comments or
feedback given by any of the Users about the services provided by another User. All such feedback
should be made
by applicable law. The option of Users to give feedback remains at Arogya Gramin Healthcare
Foundation’s sole
discretion and may be modified or withdrawn at its sole discretion. Arogya Gramin Healthcare
Foundation may
moderate such feedback at any time. Arogya Gramin Healthcare Foundation shall not be obliged to act
in any
manner to give effect to the content of Users’ feedback.
6. NO DOCTOR-PATIENT RELATIONSHIP FOR EMERGENCY USE
-
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
profession. The provision of such Information does not create a licensed medical
professional/patient
relationship, between Arogya Gramin Healthcare Foundation 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.
-
It is hereby expressly clarified that the Information that you obtain or receive from Arogya
Gramin
Healthcare Foundation, and its employees, contractors, partners, sponsors, advertisers,
licensors or
otherwise on the Website is for informational purposes only. In no event shall Arogya Gramin
Healthcare
Foundation be liable to you or anyone else for any decision made or action taken by you in
reliance on
such information.
-
The Services are not intended to be a substitute for getting in touch with emergency
healthcare. If you
are a User facing a medical emergency (either on your or another person’s behalf), please
contact an
ambulance service, hospital, doctor or appropriate medical professional directly.
7. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
-
The contents listed on the Website are:
• User generated content, or
• Belong to Arogya Gramin Healthcare Foundation and its Partners.
• The information that is collected by Arogya Gramin Healthcare Foundation directly or
indirectly from
the Users shall belong to Arogya Gramin Healthcare Foundation and its Partners. Copying of
the
copyrighted content published by Arogya Gramin Healthcare Foundation or its Partners on the
Website for
any commercial purpose or to earn profit will be a violation of copyright and Arogya Gramin
Healthcare
Foundation and its Partners reserve their rights to take action under applicable law
accordingly.
-
Arogya Gramin Healthcare Foundation authorizes the User to view and access the content
available on or
from the Website solely for ordering, receiving, delivering, sharing, storing and
communicating only as
per this Agreement. The contents of the Website, information, text, graphics, images, logos,
button
icons, software code, design, and the collection, arrangement and assembly of content on the
Website
(collectively, 'Arogya Gramin Healthcare Foundation Content'), are the property of Arogya
Gramin
Healthcare Foundation or its Partners and are protected under copyright, trademark and other
applicable
laws. User shall not modify the Arogya Gramin Healthcare Foundation Content or reproduce,
display,
publicly perform, distribute, or otherwise use the Arogya Gramin Healthcare Foundation
Content in any
way for any public or commercial purpose or personal gain.
-
Users shall not access the Services for purposes of monitoring their availability,
performance or
functionality, or for any other benchmarking or competitive purposes.
8. REVIEWS AND FEEDBACK
By using this Website, you agree that any information shared by you with Arogya Gramin Healthcare
Foundation or
with any other person, medical service provider or anyone else using the Website, Services will be
subject to
our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the Website,
including
any feedback, ratings, or reviews (“Critical Content”). The role of Arogya Gramin Healthcare
Foundation in
publishing Critical Content is restricted to that of an ‘intermediary’ under the Information
Technology Act,
2000. Arogya Gramin Healthcare Foundation disclaims all responsibility concerning the content of
Critical
Content, and its role concerning such content is restricted to its obligations as an ‘intermediary’
under the
said Act. Arogya Gramin Healthcare Foundation shall not be liable to pay any consideration to any
User for
re-publishing any content across any of its or its Partners platforms.
Your publication of reviews and feedback on the Website is governed by Clause 9 stated hereinafter.
Without
prejudice to the detailed terms stated in Clause 9, you hereby agree not to post or publish any
content on the
Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or
(b) violates
any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Arogya
Gramin
Healthcare Foundation, at its sole discretion, may choose not to publish your reviews and feedback,
if so
required by applicable law, and by Clause 5 of these Terms. You agree that Arogya Gramin Healthcare
Foundation
may contact you through telephone, email, SMS, or any other electronic means of communication for:
• Obtaining feedback about Website, Arogya Gramin Healthcare Foundation’s services; and/or
• Obtaining feedback about any medical service providers on the Website; and/or
• Resolving any complaints, information, or queries by medical service providers regarding your
Critical
Content;
and you agree to provide your fullest co-operation further to such communication by Arogya Gramin
Healthcare
Foundation.
9. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
• As mandated by Regulation 3(2) of the IG Rules, Arogya Gramin Healthcare Foundation hereby informs
Users that
they are not permitted to host, display, upload, modify, publish, transmit, update or share any
information
that:
• belongs to another person and to which the User does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libelous,
brinvasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any
information which is
grossly offensive or menacing;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or
limit the functionality of any computer resource;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with
foreign
states, or public order or causes incitement to the commission of any cognizable offense or prevents
investigation of any offense or is insulting any other nation.
• Users are also prohibited from:
• violating or attempting to violate the integrity or security of the Website, any Arogya Gramin
Healthcare
Foundation Content;
• transmitting any information (including job posts, messages, and hyperlinks) on or through the
Website that is
disruptive or competitive or prejudicial to the provision of Services by Arogya Gramin Healthcare
Foundation;
• intentionally submitting any incomplete, false or inaccurate information;
• making any unsolicited communications to other Users;
• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots,
avatars or
intelligent agents) to navigate or search the Website;
• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
• copying or duplicating in any manner any of the Arogya Gramin Healthcare Foundation Content or
other
information available from the Website;
• framing or hotlinking or deep linking any Arogya Gramin Healthcare Foundation Content.
• Arogya Gramin Healthcare Foundation or its Partners, upon obtaining knowledge by itself or been
brought to
actual knowledge by an affected person in writing or through email signed with electronic signature
about any
such information (as mentioned above) generated by Users, or of being notified by the appropriate
Government or
its agency that the Website is being used by the User to commit any unlawful act and/or is being
used in
violation of Clauses 10.a and 10.b above, shall be entitled to remove or disable access to the
material or
information that is in contravention of Clause 10. Arogya Gramin Healthcare Foundation is entitled
to act, as
required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable,
work with
Users to disable such information that is in contravention of applicable law. Arogya Gramin
Healthcare
Foundation shall also be entitled to preserve such information and associated records for at least
90 (ninety)
days for production to governmental authorities for investigation purposes.
• In case of non-compliance with any applicable laws, rules or regulations, or the Agreement
(including the
Privacy Policy) by a User, Arogya Gramin Healthcare Foundation has the right to immediately
terminate the access
or usage rights of the User to the Website, App and Services and to remove non-compliant information
from the
Website.
• Arogya Gramin Healthcare Foundation may disclose or transfer User-generated information to its
affiliates or
governmental authorities in such manner as permitted or required by applicable law, and you hereby
consent to
such transfer. Arogya Gramin Healthcare Foundation will comply with any duly-issued government or
court
directions to disable access to the User-generated information, should it be found to be illegal by
a competent
governmental authority.
10. INTELLECTUAL PROPERTY RIGHTS
• The contents of the Website and App are protected by intellectual property laws of India including
without
limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial
use of any or
all the material on the Website and App are prohibited. The logos, service marks and trademarks ('IP
Marks')
displayed on the Website are the property of Arogya Gramin Healthcare Foundation or its Partners or
have been
licensed to Arogya Gramin Healthcare Foundation or its Partners by the relevant owners for use. The
User may use
this material only as expressly authorized by Arogya Gramin Healthcare Foundation or its Partners
and shall not
copy, transmit or create derivative works of such material without express authorization from Arogya
Gramin
Healthcare Foundation or its Partners.
• The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any
content on or
through the Website that is protected by copyright or another proprietary right of a third party,
without
obtaining the permission of the owner of such right. Any copyrighted or other proprietary content
distributed on
or through the Website with the consent of the owner must contain the appropriate copyright or other
proprietary
rights notice. The unauthorized submission or distribution of copyrighted or other proprietary
content is
illegal and could subject the User to personal liability or criminal prosecution. Nothing on the
Website should
be construed as granting, by implication, estoppels, or otherwise, any license or right to use any
trademarks
without written permission from Arogya Gramin Healthcare Foundation.
11. DISCLAIMER OF WARRANTIES
• All information available on the Website, (the “Information”) is provided on the condition that
the User will
make an independent determination in respect of its accuracy, completeness or usefulness suitability
before use
or making any decision for any loss or damage in reliance hereof. Arogya Gramin Healthcare
Foundation and its
Partners will not be responsible for the same. Further Arogya Gramin Healthcare Foundation and its
Partners will
not be responsible or liable in any manner for any data added, provided, stored or managed by the
User including
ll personally identifiable information
• The Information does not constitute an invitation or recommendation to take medical services from
Arogya
Gramin Healthcare Foundation or its Partners nor is such Information a substitute for professional
advice or
solicitation in respect of medical services/ products or recommendations thereof. Arogya Gramin
Healthcare
Foundation urges the Users to seek the advice of professionals, as appropriate, regarding the
evaluation of any
specific opinion, advice, product, service, or other information.
• All information on the Website is provided to you 'as is' without warranty of any kind either
express or
implied including, but not limited to implied warranties of merchantability and fitness for a
particular
purpose, title, non-infringement, security or accuracy. In no event shall Arogya Gramin Healthcare
Foundation or
its Partners be liable for any special, direct, indirect or consequential damages or any damages
whatsoever
resulting from loss, whether in an action of contract, negligence or other tortuous action, arising
out of or in
connection with the use or performance of information. All information available on a hyper-link
site and any
third party are subject to the terms and conditions of the legal notices contained therein.
12. LIMITATION OF LIABILITY
• The information available on the Website could include inaccuracies or typographic errors. Arogya
Gramin
Healthcare Foundation has endeavored to ensure that all the information on the Website is correct,
but Arogya
Gramin Healthcare Foundation neither warrants nor makes any representations regarding the quality,
accuracy or
completeness of any data or information contained. Arogya Gramin Healthcare Foundation makes no
warranty,
express or implied, concerning the website and/or its contents and disclaims all warranties of
fitness for a
particular purpose and warranties of merchantability in respect of Services, including any
liability,
responsibility or any other claim, whatsoever, in respect of any loss, whether direct or
consequential, to any
user or any other person, arising out of or from the use of the information contained in the
website.
• In no event shall Arogya Gramin Healthcare Foundation or its Partners be liable for any direct,
indirect,
punitive, incidental, special, consequential damages or any other damages resulting from: (a) the
use or the
inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions
or data; (c)
any other matter relating to the services; including, without limitation, damages for loss of use,
data or
profits, arising out of or in any way connected with the use or performance of the website. Neither
shall the
Company be responsible for the delay or inability to use the Website, Services or any related
services, the
provision of or failure to provide services, or for any information, software, products, services
and related
graphics obtained through the Website, or otherwise arising out of the use of the Website, whether
based on
contract, tort, negligence, strict liability or otherwise. Further, Arogya Gramin Healthcare
Foundation shall
not be held responsible for non-availability or access to the Website during periodic maintenance
operations or
any unplanned suspension of access to the Website that may occur due to technical reasons or for any
reason
beyond Arogya Gramin Healthcare Foundation control. The user understands and agrees that any
material and/or
data downloaded or otherwise obtained through the website is done entirely at his/her discretion and
risk and
the User himself/herself will be solely responsible for any damage to their computer systems or loss
of data
that results from the download of such material and/or data. These limitations, disclaimer of
warranties and
exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach
of
warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and
limitations are not
prohibited by applicable law. Arogya Gramin Healthcare Foundation shall not be liable to the User
for the above
damages for more than an amount of INR 1.
13. INDEMNITY
User agrees to indemnify and hold harmless Arogya Gramin Healthcare Foundation, its affiliates,
officers,
directors, employees, consultants, licensors, agents, representatives and Partners from any and all
third party
claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs)
arising from
User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by
any other
User of his/her/its account, of any intellectual property or other right of any person or entity.
Arogya Gramin
Healthcare Foundation will notify you promptly of any such claim, loss, liability, or demand, and in
addition to
your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in
defending
any such claim, loss, liability, damage, or cost.
14. APPLICABLE LAW AND DISPUTE SETTLEMENT
• You agree that this Agreement and any contractual obligation between the Company and User will be
governed by
the laws of India.
• Subject to the above Paragraph above, the courts at Delhi shall have exclusive jurisdiction over
any disputes
arising out of or about this Agreement, your use of the Website or the Services or the information
to which it
gives access.
15. CONTACT INFORMATION GRIEVANCE OFFICER
• If a User has any questions concerning the Company, the Website, this Agreement, the Services, or
anything
related to any of the foregoing, please write to us at info@Arogya Gramin Healthcare Foundation.com
• By the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance
concerning
the Website or the Service, including any discrepancies and grievances concerning the processing of
information,
you can contact our Grievance Officer at:
• The Grievance Officer,
• Arogya Gramin Healthcare Foundation,
• H-1209,Ishwardayal Hospital, H Nagr, Kankarbagh, Patna- 800020, Inida
• Email: support@arogyagramin.com
• In the event you suffer as a result of access or usage of our Website by any person in violation
of Rule 3 of
the IG Rules, please address your grievance to the above person.
16. SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal
to be
unenforceable under applicable law, then such provision shall be excluded from this Agreement and
the remainder
of the Agreement 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, the Agreement 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.
17. WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver
or consent
shall be in writing and signed by Arogya Gramin Healthcare Foundation. Any consent by Arogya Gramin
Healthcare
Foundation to, or a waiver by Arogya Gramin Healthcare Foundation of any breach by you, whether
expressed or
implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent
breach.
18. Contact Clause
The user, by sharing his/her contact number at our website or on call, is authorizing Arogya Gramin
Healthcare
Foundation and its representatives to get in touch with the user, receive promotional calls and
offer products
and services available in this website. This clause overrides the fact that user is registered under
DND or DNC
service, and that the user authorizes such calls from Arogya Gramin Healthcare Foundation and its
third party
representatives.