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TERMS AND CONDITIONS
This page states the Terms and Conditions under which you (Visitor) may visit this website (“www.ayusea.com”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
User agrees to indemnify, save and hold Ayusea Healthcare pvt. ltd., it's affiliates, employees,officers,directors and partners harmless from any and all claims, losses, damages and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to:
1) Use or misuse of Ayusea Healthcare pvt ltd services or of www.ayusea.com platform
2) Any violation by user of this agreement
3) Any breach of representation, warranties and covenants made by user herein.
Ayusea Healthcare reserves the right, at user's expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Ayusea Healthcare, including rights to settle, and user agrees to cooperate with defence and settlement of these claims. We will use reasonable efforts to notify user of any claim, action or proceedings brought by third party that is subjected to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this agreement.
User agrees that neither company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if company has been advised of the possibility of such damages.
User further agrees that company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to company , if any, that is related to the cause of action.
If any dispute, controversy or claim arises under this Agreement or in relation to any Ayusea healthcare Service or our Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, ayusea healthcare pvt ltd may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Any arbitration shall be confidential, and neither You nor Ayusea healthcare may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Ayusea healthcare pvt ltd . In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against www.ayusea.com must be resolved by a court having jurisdiction in Rohtak, India. You agree to submit to the personal jurisdiction of the courts located within rohtak, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.