- Where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
- We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website and/or Mobile Application or avail any of Our services following such change, this is deemed as consented by You to the so amended policies. Your continued use of the Website and/or Mobile Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
- The Website and Mobile Application are service providers that will assist You in receiving consultation with doctors of various specializations (hereinafter the ‘Service’). The Website and Mobile Application enable the User to access information about the Services provided by Us and to avail such services through the process of getting in touch with a doctor provided therein. Our services can be availed by the Users on a case to case basis. The services include but are not limited to (a) Providing details to a doctor (b) Scheduling a consultation with the doctor (General Physicians, Dermatologists, Sexologists, Dieticians and Wellness Practitioners, who hereinafter shall be referred to as ‘Practitioners’)).
The Website and Mobile Application allows the User to make visible health related queries on the public health feed which is a part of the Website and/or Mobile Application. The health related queries are made available to certain Practitioners through an automated software designed by the Company, which will then assign the User’s query to a Practitioner. Pursuant to payment by the User, a consultation occurs and the Practitioner prescribes an e-prescription.
- The User will be required to furnish the following details as condition precedent for availing this Service, which includes but not is limited to the User’s First name, Last Name, Date of Birth, Gender, Phone number, Email ID. The information can also be furnished for family members on whose behalf the User is requesting consultation.
Once the patient logs into the Website and/or Mobile Application, provides their details, and chooses the specialization of the doctor required for a consultation, We will a doctor to the patient for the consultation.
- You understand and agree that the enquiry for a doctor will be processed only after the Users provide their consent for availing all or any of Our Services (along with the estimated price) provided by Us to them. The concerned doctor will be intimated only after the User makes the required payment on the Website and/or Mobile Application. We currently accept payments via credit cards and debit cards. The rates of the Service shall be notified on the Website and/or Mobile Application itself. Any payment towards the Services is not refundable, except in cases where the Practitioner has acted in contravention of any guidelines, applicable laws, rules, regulations or terms of this Agreement. The charges for the Services shall be updated or amended from time to time at the sole discretion of the Company and it shall be your responsibility to remain informed about the charges for the Services.
- For Practitioners: The Practitioner understands and agrees that the amount remitted to him/her is non-refundable, except in the event of non-compliance with applicable law, rules, regulations, guidelines or the terms of this Agreement if the Company deems it fit to refund the remittance. In all other events, the Company shall not be liable to provide a refund.
- For User: The User understands and agrees that any payment towards the Services offered by the Website and/or Mobile Application is non-refundable, except in the event of non-compliance with applicable law, rules, regulations, guidelines or the terms of this Agreement if the Company deems it fit to refund amount paid. In all other events, the Company shall not be liable to provide a refund.
- To fully avail the Services of the Website and use of it, registration is mandatory. You may access the Services by signing in as a User by providing the following information which shall include but not be limited to first name, last name, date of birth, gender, phone number, email ID.
- Registration for this Website and/or Mobile Application is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website and/or Mobile Application, You may do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website and/or Mobile Application or availing any of its services.
- Further, at any time during Your use of this Website/ Mobile Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or we have reason to believe that You have done so, We hold the right to permanently suspend Your account.
- Unless otherwise stated by the Company all intellectual property rights for all material on the Website/ Mobile Application, shall be owned by the Company. Your use of the Website and/or Mobile Application, and all intellectual property rights are restricted and reserved for Your limited use only. You may view and/or print pages from the Website and/or Mobile Application for your own personal use subject to restrictions set in these terms and conditions which include:
- Not republishing any material from the Website and/or Mobile Application.
- Selling, renting or sub-licensing material from the Website and/or Mobile Application.
- Reproduction, duplication or copying material from the Website and/or Mobile Application.
- Reproduction, duplication or copying material from the Website and/or Mobile Application.
- The browsing of the Website and/or Mobile Application is free of cost. The User needs to pay the Company directly for the Services availed through the procedure placed on the Website and/or Mobile Application, as per the terms of this Agreement. However, We reserve the right to amend this no-fee policy and charge Users for using the Website and/or Mobile Application or parts of the Website and/or Mobile Application such as tracking of patient’s health account, consultation history, etc. In the event of such change in policy, Users shall be intimated of the same via email and such change shall be effective as soon as it has been as updated on the Terms of Service. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
- Clients shall make all payments relating to their consultation with a doctor, through the Website and/or Mobile Application as mentioned in clause 3 (b). Any action that encourages or solicits complete or partial payment outside of the Website and/or Mobile Application is a violation of this Agreement. To process financial transactions on the Website and/or Mobile Application, we use third-party payment processors namely, Instamojo (‘Payment Processor’). The processing of payments or credits, as applicable, in connection with your use of the Website and/or Mobile Application will be subject to the terms, conditions and privacy policies of the Payment Processor and issuer in addition to this Agreement. All payments made shall be subject to realization and the Company is not responsible for any technical or non-technical payment failure. The Company is also not responsible for any errors by the Payment Processor.
- As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of the Company.
- You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
- You agree to comply with all local laws and regulations governing the use of the Website and/or Mobile Application, including, without limitation to, any usage rules set forth in this Agreement.
- You undertake:
- Not to cut, copy, distribute, modify, re-create, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website and/or Mobile Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and/or Mobile Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
- Not to access (or attempt to access) the Website and/or the Mobile Application and their Services by any means other than through the interface that is provided by the Website and/or Mobile Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and/or Mobile Application or their Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or Mobile Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and/or Mobile Application is prohibited. You acknowledge and agree that by accessing or using the Website and/or Mobile Application and their Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
- Not to use the Website and/or Mobile Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of Company’s services; or (iii) the services and products of any Third Party;
- Not to use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
- Not to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Not to engage in any activity that interferes with or disrupts access to the Website, Mobile Application and/or the Services (or the servers and networks which are connected to the Website and/or Mobile Application);
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website and/or Mobile Application;
- download any file posted on the Website and/or Mobile Application that you know, or reasonably should know, cannot be legally distributed in such manner;
- Neither probe nor scan nor test the vulnerability of the Website and/or Mobile Application or any connected network, nor breach the security or authentication measures on the Website and/or Mobile Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website and/or Mobile Application, or exploit the Website, Mobile Application and/or any Service or information made available or offered by or through the Website and/or Mobile Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website and/or Mobile Application;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website, Mobile Application and/or any affiliated or linked Websites;
- violate any applicable laws or regulations for the time being in force within or outside your home country;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten the unity, integrity, defense, security or sovereignty of your home country, 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;
- Disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.
9. PRACTITIONER’S OBLIGATIONS
The Practitioner agrees and acknowledges that he/she is a listed Practitioner of this Website and/or Mobile Application, and that:
- The Practitioner shall reply to the User after receiving the User’s communication. In the event of non-compliance with regard to adherence with applicable laws, rules, regulations, guidelines, terms as per this Agreement by the Practitioner, the Company reserves the right to provide the User with another Practitioner as well as the right to remove the non-compliant Practitioner from the Website and/or Mobile Application.
- The Practitioner understand and agrees that the Company shall, at its sole discretion and at any time, be entitled to make available other Practitioners for the User.
- The Practitioner understands and agrees that the Practitioner has the sole responsibility of treating Users as per the model outlined by the Company/as they would treat a patient physically present during a consultation.
- The Practitioner understands and agrees that the Practitioner can cancel any consultation which is beyond his/her expertise or capacity.
- The Practitioner understand and agrees that the information disclosed by the User before, during or after a consultation shall be confidential and subject to Doctor-Patient privilege.
- The Practitioner understand and agrees that a consultation remains open for 48hours after it commences in order to cater for follow-up guidance and/or further queries required by the User.
- The Practitioner understand and agrees that the amount to be remitted to the Practitioner would be done so on a fortnightly basis.
- All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website and/or Mobile Application, and solely for your personal, non-commercial use.
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website and/or Mobile Application, not to insert any code or product or manipulate the content of the Website and/or Mobile Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
- The Website and/or Mobile Application can be used in India. We make no representation that materials or Content available through our Website and/or Mobile Application is appropriate or available for use outside any of the above countries. If You access or use the Website and/or Mobile Application from a country or location apart from India, You are solely responsible for compliance with necessary laws and regulations for use of the Website and/or Mobile Application.
- We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website and/or Mobile Application.
- We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website and/or Mobile Application.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website and/or Mobile Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website and/or Mobile Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
- You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
- a) Your use or any Third Party’s use via Your account of the Service provided by the Website and/or Mobile Application and their Content;
- c) Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
- You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent. You also agree to have read Our disclaimers that form part and parcel of these terms, and agree to indemnify Us against any and all liability, loss, claim, damages, expense, or costs that may arise from those disclaimers.
- The Company will not be responsible for any damage suffered by Users from use of the services on this system. This without limitation includes any losses resulting from delay in response or any other kind of service interruptions as may occur because of any act/ omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
- The Website and/or Mobile Application is just a medium for Users to approach the best expert available to provide a consultation regarding the disease or the disorder of the patient. It is the sole discretion of the User to select the Services from the Company. Any Coupons/Discounts/Promotional Schemes provided on the Services are at the sole discretion of the Company. The same shall be the liability of the User. In particular, the Company shall be liable in any way to You nor to any other person whomsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of the services. User reviews are provided for informational purpose only. User reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by the Company.
- All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
- Stage 2: Arbitration. In a situation where mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow. The dispute shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by the Company. Arbitration shall be held at Chennai, India. The proceedings of arbitration shall be in English. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Chennai, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
- Information We Collect: We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Services. Our Service registration requires users to give us contact information such as first name, last name, date of birth, age, gender, telephone number and email address. As a registered User, you are required to provide a valid email address and phone number at registration and this email address/phone number will be your username and it will represent your identity on our website. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, your IP address, and other information associated with your interaction with the Website and/or Mobile Application.
- We also collect and store personal information provided by you from time to time on the Company’s Servers. We only collect and use such information from the User that We consider necessary for achieving a seamless, efficient and safe experience, customized for the User’s needs including:
- To enable the provision of services opted for by the User;
- To communicate necessary service related information from time to time;
- To allow the User to receive quality customer care services;
- To comply with applicable laws, rules and regulations; and
- To provide the User with information and offers on services, on updates, on promotions, on related, affiliated or associated Practitioners.
- Where any service requested by the User involves a Third Party, such information as is reasonably necessary by the Company to carry out the User’s service request may be shared with such Third Party.
The website www.doxtro.com, (hereinafter referred to as "Website/ Mobile Application"), owned by Doxtro Technologies Private Limited, a company, incorporated under the provisions of the Companies Act, 2013, having its registered office , G-2, Aambal, No. 54, Jayanagar 1stMain Road, Tambaram Sanatorium, Chennai - 600047.
2. SERVICE OVERVIEW
3. Service Terms
As a User of the Website and/or Mobile Application, You agree and understand to the following:
c) Cancellations and Refunds
5.INTELLECTUAL PROPERTY LICENSE
7. MODE OF PAYMENT
The User agrees and acknowledges that he/she is a restricted User of this Website and/or Mobile Application, and that:
DISCLAIMER OF LIABILITY
DISPUTES ARISING OUT OF THIS AGREEMENT
We collect and store the User’s search details on the Company’s Servers, including the User’s search history, chat history prescription details, User details, the usage of the Website and/or Mobile Application and their services and the duration for which the User uses the Website and/or Mobile Application. We collect any communications between the User and other Users or Third Parties through our Website and/or Mobile Application and details of any external links or advertisements that you click on.
Further, the User may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, billing address etc.) on the Website and/or Mobile Application. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure Site of approved payment gateways which are digitally encrypted, and provide the highest possible degree of care available under the technology presently in use.
The Company will not use the User’s financial information for any purpose other than to complete a transaction with the User.
To the extent possible, We provide the User the option of not divulging any specific information that the User wishes for Us not to collect, store or use. The User may also choose not to use a particular service or feature on the Website and/or Mobile Application, and opt out of any non-essential communications from the Company.
Further, transacting over the internet has inherent risks which can only be avoided by the User following security practices him/herself, such as not revealing account/login related information to any other person and informing our customer care teams about any suspicious activity or where the User’s account has/may have been compromised.
How Information is Collected:
- Before or at the time of collecting personal information, We will identify the purposes for which information is being collected.
- We will collect and use the User’s personal information solely with the objective of fulfilling those purposes specified by Us and for other compatible purposes, unless We obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfilment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
External Links on Website:
The Website may include hyperlinks to other web sites or content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us.
The User acknowledges and agrees that We are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, services/products or other materials on or available from such websites or resources.
Non-Personal Identification Information:
We may collect non-personal identification information about Users whenever they interact with our Website and/or Mobile Application. Non-personal identification information may include the browser name, the type of computer and technical information about Users’ means of connection to our Website and/or Mobile Application, such as the operating system and the Internet service providers utilized and other similar information.
Our Use of Your Information:
The Company collects and uses Users’ personal information for the following purposes:
- To improve customer service: The Users’ information helps Us to more effectively respond to the User’s customer service requests and support needs.
- To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Website and/or Mobile Application.
- To improve our Site: We continually strive to improve Our website offerings based on the information and feedback We receive from You
- To process transactions: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with Third Parties except to the extent necessary to provide the service.
- To administer a content, promotion, survey or other Site feature: To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails: The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to Our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, We include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Website and/or Mobile Application.
- The User further acknowledges that the Website and/or Mobile Application may contain information which is designated confidential by Us and that the User shall not disclose such information without Our prior written consent.
- The User’s information is regarded as confidential and therefore will not be divulged to any Third Party, unless if legally required to do so to the appropriate authorities. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of the User’s personal information, username, password, transaction information and data stored on our Company’s Servers.
- Sensitive and private data exchange between the Website and/or Mobile Application and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures. We will not sell, share, or rent the User’s personal information to any Third Party or use the User’s e-mail address for unsolicited mail. Any emails sent by Us will only be in connection with the provision of agreed services.
Our Disclosure of Your Information
- We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use Third Party service providers to help Us operate our business and the Website and/or Mobile Application or administer activities on Our behalf, such as sending out newsletters or surveys. We may share the User’s information with these Third Parties for those limited purposes provided that the User have given Us his/her permission. As a matter of policy, We do not sell or rent any personally identifiable information about the User to any Third Party. However, the following describes some of the ways that the User’s personally identifiable information may be disclosed:
- i) External Service Providers: There may be a number of services offered by external service providers that help the User use our Website and/or Mobile Application. If the User chooses to use these optional services, and in the course of doing so, discloses information to the external service providers, and/or grant them permission to collect information about the User, then the Third Party’s use of your information is governed by their private policy.
- ii) Other Corporate Entities: We share much of our data, including personally identifiable information about the User, with our parent and/or subsidiaries that are committed to serving the User’s online needs and related services, throughout the world. Such data will be shared for the sole purpose of enhancing the User’s browsing experience and providing Our services to the User. To the extent that these entities have access to the User’s information, the entities will treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, the User should expect that We would share some or all of his/her information in order to continue to provide Services. The User will receive notice of such event (to the extent that it occurs).
- iii) Law and Order: We cooperate with law enforcement inquiries, as well as other Third Parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and the User authorizes Us to) disclose any information about the User to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose the Company or the User to legal liability.
Accessing and Reviewing Information:
Following registration, the User can review and change the submitted information. If the User changes any information We may or may not keep track of the User’s old information. The User can change his/her registration information such as: name, phone number, and other profile information. We will retain in Our files information the User has requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce Our terms and conditions. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, the User should not expect that all of his/her personally identifiable information will be completely removed from Our databases in response to the User’s requests.
Control of the User’s Password:
When the User signs up to become a Member, the User will also be asked to choose a password. The User is entirely responsible for maintaining the confidentiality of his/her password. It is important that the User protect it against unauthorized access of his/her account and information by choosing his/her password carefully, and keeping his/her password and computer secure by signing out after using Our services.
Therefore, if the User’s password has been compromised for any reason, he/she should immediately change his/her password. The User agrees to notify Us immediately if the User suspects any consistent unauthorized use of his/her account or access to his/her password even after changing it.
Other Information Collectors:
Users may find advertising or other content on our Website and/or Mobile Application that link to the sites and services of Our partners, suppliers, advertisers, sponsors, licensors and other Third Parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Website and/or Mobile Application. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Website and/or Mobile Application, is subject to that website\'s own terms and policies.
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by anyone inside and outside the Company. We do not recommend transfer of sensitive information (such as credit card number) and bank account details via the Website and/or Mobile Application to other Users. Users are recommended to do so offline, on the phone or via personal emails. We follow generally accepted industry standards to protect the personal information submitted to Us, both during transmission and once We receive it. However, "perfect security" does not exist on the Internet. The User, therefore, agrees that any security breaches beyond the control of Our standard security procedures are at the User’s sole risk and discretion.
User’s Responsibilities and Risks:
We cannot ensure that all of the User’s private communications and other personal information (including sensitive information like credit card information and bank account number) will never be disclosed in ways not otherwise described in these Terms of Service. Therefore, though We are committed to protecting the User’s privacy, We do not promise, and the User should not expect, that his/her personal information will always remain private. As a user of the Website and/or Mobile Application, the User understands and agrees that the User assumes all responsibility and risk for his/her use of the Website and/or Mobile Application, the internet generally, and the documents the User posts or accesses and for his/her conduct on and off the Website and/or Mobile Application.
- Waiver: The failure of either party at any time with respect to performance of any provision of this Agreement, in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.