NanoHealth

Terms and Conditions

This Terms of Use is a binding Agreement (“Agreement”) between you and Nirogyabharat Services Private Limited.

BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE.

As used in this Agreement, “we,” “us,” “our” and “Nirogyabharat” means Nirogyabharat Services Private Limited and “you” or “your” shall mean individuals or entities accessing the Nirogyabharat Platform (defined below). Nirogyabharat is engaged in the business of providing various health and wellness services at your doorstep and convenience through multiple platforms including the internet, mobile and telephone (“Nirogyabharat Platform”). Nirogyabharat Platforms can be accessed through our Internet resource or at https://www.Nirogyabharat.in or through our Mobile application.

The various health and wellness services offered through Nirogyabharat Platform include eConsultation (Telemedicine), Diagnostics@Home (Home Diagnostics), Care@Home (Home Care), Drugs@Home (Home Delivery of Medicines and Medical Supplies), Medical Facilitation (Patient Facilitation), E-Wellness (Wellness), EmotionWellness (Counselling), Family Doctor and such other services as may be provided from time to time (“Services”).

Certain of these Services such as Wellness, Transportation, Hospital Services, Diagnostics, are offered by third party healthcare and wellness service providers (“Empanelled Associates”) and Nirogyabharat merely facilitates the interaction between users/customers and Empanelled Service Providers through Nirogyabharat Platform.

Eligibility for use of Nirogyabharat Platform

This is a legally binding agreement and can only be agreed if you are eligible to enter into a contract as per the Indian Contract Act, 1872. We reserve the right to terminate your membership and / or refuse to provide access to the Nirogyabharat Platform and services if it is brought to our notice or if it is discovered that you are not eligible to enter into a contract as per applicable laws.

Your Account and Registration Obligations

While using the Nirogyabharat Platform, you shall maintain confidentiality and secure your details of your account including display name and password. You will be responsible for all the activities that may occur on your name and registered membership.

You will be responsible for providing accurate and correct information pertaining to you and you will be responsible for updating the same upon any modification.

You should inform us immediately if you know or have any reason to believe that your password has been used in an unauthorized manner. We reserve the right to cancel or suspend your membership.

Content on Website

• All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the Nirogyabharat Platform (collectively, “Content”), is either owned by us or by a third party user and we have no control or rights over such third party user content.
• All the information, feedbacks, reviews on Nirogyabharat.com or other users of the Nirogyabharat Platform is for information purposes only and does not constitute professional advice.
• No part of the Content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or used without authorization of Nirogyabharat.
• You shall use information on the Services for downloading, provided that you shall not remove any proprietary notice language in all copies of such documents.
• You use such information only for their personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media.
• You make no modifications to any such information.
• You do not make any additional representations or warranties relating to such documents.

Conditions for Use of Nirogyabharat Platform

You agree, undertake and confirm that the use of Nirogyabharat Platform shall be subject to the following terms:

• You shall not host, display, upload, modify, publish, transmit, update or share any information on the Nirogyabharat Platform that belongs to another person and to which you do not have any right to.
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
• Harms any person in any way.
• Infringes any patent, trademark, copyright or other proprietary rights.
• Violates any applicable law for the time being in force.
• Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
• Impersonates another person; sends, circulates or perpetrates any information or data which 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 offence or prevents investigation of any offence or is insulting any other nation.

You shall not:

• Make any representation which is misleading in any way.
• Engage in commercial activities through Nirogyabharat Platform without the prior consent of Nirogyabharat.
• Engage in any action that imposes an unreasonable or disproportionately large load on the IT infrastructure of Nirogyabharat or interferes with its functioning.

Responsibility or User-Provided Content

The Nirogyabharat Platform may include a variety of features, such as discussion forums, blogs, photo and Video Sharing pages, e-mail services and social networking features that allow feedback to us or allow rating of Nirogyabharat Associates and allow users to interact with each other on the Site or to post content and materials for display on the website. The website also may include other features, such as the personalized home care.

Purchase and Redemption of Discount Vouchers

• We provide an opportunity to the Users to avail value deals from a number of Associates at discounted prices by the issue of vouchers that can be redeemed up to a certain validity period from outlets of the Associates (“Vouchers”).
• In order to purchase Vouchers, the User would be required to create an account on the Website. This is required so we can provide you with easy access to print your orders, view your past purchases and modify your preferences.
• By placing an order on the Website, you make an offer to us to purchase Vouchers for buying / availing specific products and/or services which you have selected based on our standard terms and conditions, institution-specific restrictions and on these Terms of Use.
• Once we issue you the Voucher, you may cancel the transaction at any time within specified time mentioned on the voucher. If you want to cancel the Voucher, please send us an email at socialmedia@Nirogyabharat.co.in to inform us that you are cancelling the Voucher, provided you have not redeemed the Voucher.
• All Vouchers are promotional vouchers and shall be subject to the standard terms and conditions and specific terms and conditions mentioned on the voucher.

Standard Terms and Conditions applicable to the Vouchers

The following shall constitute as ‘Standard Terms and Conditions’ for redeeming Vouchers for purchasing goods and/or availing services from our Associates:

• We shall not be responsible for the quality of products and/or services provided by our Associates, and the same shall be the sole responsibility of our Associate.
• Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
• Vouchers can be redeemed only after due verification of the Client including, without limitation, matching the unique identification number provided to the customer at the time of purchase of Vouchers.
• Vouchers may be applied only to purchase the merchandise sold by the Associates, and may not be applied to shipping or handling charges.
• Neither we nor our Associate is responsible for lost or stolen Vouchers or the reference number mentioned on it.
• Vouchers cannot be combined with any other gift vouchers, third party vouchers, coupons or promotions unless otherwise specified by us or the Associate.
• Reproduction, sale or trade of Vouchers is strictly prohibited.
• Any attempted redemption not consistent with these terms and conditions will render the Voucher void and invalid.
• The Voucher will expire on the date specified on it. Associates will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to abide by those terms and conditions.

Responsibility for User-Provided Content

The Nirogyabharat website or Mobile App may include a variety of features, such as discussion forums, blogs and social networking features that allow feedback to us and may also allow users to interact with each other on the Website or to post content and materials for display on the website.

By accessing and using any such features, you irrevocably agree:

• That you have read and agree to abide by our Community Rules as set forth below in Clause No: 9.
• That you are the owner of any materials you post or submit, or are making your posting or submission with the express consent of the owner of the materials.
• That you are 18 years of age or older.

You alone are responsible for the materials you post on discussion forums, blogs or on other areas of the Website. We have the right at all times, in our sole discretion, to screen content submitted by users and to edit, moderate, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate.

However, we are under no obligation to monitor any discussion forums, blogs or other areas of the Website through which users can supply information or materials.

You acknowledge and agree that website may preserve content and materials submitted by you and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to:

• Comply with legal process.
• Enforce these Terms of Service.
• Address claims that any content or materials submitted by you violate the rights of third parties.
• Protect the rights, property, or personal safety of our website, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

Community Rules

By accessing and using any such features in discussion forums, social networking pages and blogs etc., you agree that you will be courteous, stay on topic and post your own content and will not:

• Restrict or inhibit any other user from using and enjoying the website.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Do not use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval from us.
• Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Website.
• Contact anyone who has asked not to be contacted.
• Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users.
• Repeatedly post the same or similar content.

We reserve the right to deny access to the Website or any features of the Website to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

Other Conditions

• Services offered including limitations thereto are fully described in Website Policies, Consent Letters etc. (“Policies”) available on our Website.
• By accessing the Nirogyabharat Platform or availing the Services or by registering with us, you signify that you agree to these terms and conditions and the Policies.
• If you avail any of the Services offered by the Empanelled Associates, the Services would be provided to you as per their terms of service and you may be subject to additional restrictions of such Empanelled Associate.
• This Agreement and the Policies are subject to change from time to time, at the option of Nirogyabharat. Changes to the policies shall be notified on the Website stating that the terms are new/modified and the site on which they were updated.
• You understand that your use of the Services constitutes your agreement to follow and be bound by the most recent version of the Policies.
• We will intimate the changes to our Policies and Terms, through email, SMS and post, as per the details provided by you.
• If the terms of our Services or the Policies (including changes thereto) are not acceptable to you, you have the absolute right to terminate the use of the Services.
• Your use of the Nirogyabharat Platform after any amendment to the Terms and Policies shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
• We reserve the right at all times to disclose any information (including the identity of the persons providing information or materials on the Nirogyabharat Platform) as necessary to satisfy any law, regulation or valid government request.
• We reserve the right, but have no obligation, to monitor the materials posted on the Nirogyabharat Platform.
• Nirogyabharat is not liable either directly or indirectly for the actions of unauthorized persons resulting in transmission of offensive, non-public, sensitive or obscene materials on the Nirogyabharat Platform.

Rating and Review

Users are allowed to rate and share comments about the Nirogyabharat, its Associates and services.

Further, Nirogyabharat being considered as Intermediary as per The Information Technology (Intermediary Guidelines) Rules, 2011, it is bound to certain regulations such the users posting or publishing is subjected to certain rules and guidelines as notified in Clause “4” and “9” of this Terms of Use and such other amendments to the act.

Nirogyabharat reserves its copyrights and such other related rights on the Content and rating posted by you on our website. Furthermore Nirogyabharat can exploit such content, re-publish, modify, reproduce, broadcast at its own discretion and such content shall be treated as Nirogyabharat’s Copyrighted material and you shall agree for the same.

Indemnity

You shall indemnify and hold harmless Nirogyabharat, its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement.

Termination

We reserve the right, in our sole discretion, to restrict, suspend or terminate your account and access to all or any part of the Nirogyabharat Platform, including the discussion areas, at any time for any reason without prior notice or liability.

Conversely, you may terminate your account at any time, for any reason, by deleting your account on the Website or by emailing us at [insert email address (add email Id)].

This Agreement shall survive any termination of your membership. We may change, suspend or discontinue all or any aspect of the Nirogyabharat Platform at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Disclaimer of Warranties; Limitation of Liability

NIROGYABHARAT PLATFORM AND THE SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE NIROGYABHARAT PLATFORM AND THE SERVICES, AND HYPERLINKED WEBSITES.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEITHER NIROGYABHARAT NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

NIROGYABHARAT IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE NIROGYABHARAT PLATFORM AND THE SERVICES AND/OR ANY HYPERLINKED WEBSITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE NIROGYABHARAT PLATFORM, NIROGYABHARAT PLATFORM-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE NIROGYABHARAT PLATFORM AND/OR THOSE SERVICES.

Limitation of Liability

Nirogyabharat’s liability for any of its or associate’s direct or indirect or consequential acts/ omissions/ commissions be restricted to the Maximum extent of INR 1000/- and nothing further.

Intellectual Property

Nirogyabharat grants limited, revocable, non-transferable and non-exclusive license limited solely to viewing, accessing or downloading any content limited to availing the services from us for a personal or non-commercial purposes only.

All information contained in or accessed through this website is protected by Copyright, Trademark, Design, and Patent laws and your usage is limited to the extent of browsing or availing services by accessing our integrated platform and no further (“Limited Access”).

Any act or attempt of using the software beyond the users limited access is considered as a violation of the Terms of Use herein and Nirogyabharat reserves its rights to take appropriate action against such acts or usage.

Nirogyabharat has the exclusive right to transfer or assign the rights for the user to understand that the use of the website doesn’t imply transfer or assignment of ownership except to use it for browsing or accessing the website for availing its services.

Assignment

Usage of the website is for your limited personal purpose and is not transferable or assignable.

However Nirogyabharat reserves its rights to assign or transfer or subcontract its obligations or rights to its successors, affiliates, associates or any entity through contractual understanding or by operation of law or acquiring all or substantially all of the assets of Nirogyabharat.

Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of India.

You agree that all claims, differences and disputes arising under or in connection with or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts of Hyderabad and you hereby accede to and accept the jurisdiction of such courts.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and amended from time to time.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Agreement for access or usage of Nirogyabharat Platform.