Ayulife Ayurveda Centre (referred to as “we”, us”, “Ayulife”) is the author and publisher of the internet resource http://ayulife.co.in (referred to as “Websites”) on the world wide web as well as other connected software and applications provided by Ayulife, including but not limited to the mobile applications (referred to as “App”, and together with Websites referred to as “Services”). Ayulife 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 TERM
Please carefully go through these terms and conditions (“Terms”) before you decide to access the Website or App or avail the Services made available by us. These Terms constitute a legal agreement (“Agreement”) between you and Ayulife 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”);
Or A user of the Website or App (“you” or “User”).
This Agreement applies to all services or products made available by Ayulife on the Website or App. The Services may change from time to time, at the sole discretion of Ayulife, and the Agreement will apply to your visit to and your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time. By downloading or accessing the App or 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 App or 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 to 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 use of the Website and the Services will be solely at the discretion of Ayulife. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to::
1. the Indian Contract Act, 1872,
2. the (Indian) Information Technology Act, 2000, and
3. the rules, regulations, guidelines and clarifications framed there under, 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. END-USER ACCOUNT AND DATA PRIVACY
a. Ayulife 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.
b. The Website and App allows Ayulife and its Partners to have access to Users’ personal email or phone number, for the purpose of communication and analytics.
c. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website or App. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Ayulife of any actual or suspected unauthorized use of the User’s account or password. Although Ayulife will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Ayulife or others due to such unauthorized use.
d. It is your responsibility to keep your correct mobile number and email ID updated in the Website or App. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Ayulife is not responsible for any loss or inconvenience caused due to your non-updation of your contact details
e. Ayulife and its Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
f. Ayulife may now or in the future provide Services where you may be able to converse with Ayulife, its authorized representatives, its doctors or similar stakeholders via online chat, text messages, video call or voice call
g. The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Ayulife or its Partners are not liable for any interruption that may be caused to your access of the Services.
h. Any health-related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. Ayulife is not liable if for any reason a reminder or notification is not delivered to you or are delivered late or delivered incorrectly, despite its best efforts or if your health is impacted negatively due to the same.
i. Ayulife uses necessary measures to maintain your personal health record. However, Ayulife cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to [email protected].
j. If you access your dependents’ record through your personal health record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have had had they maintained their own separate individual personal health record.
k. If you provide anyone else access to your personal health record, you are deemed to be responsible for all actions, access, transaction that that person takes related to your personal health record either on their own or independently. Ayulife or its Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.
i) This facility is only enabled or created for you after you have signed up and explicitly accepted these Terms.
ii ) The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by a User is the sole responsibility of the User. You fully indemnify and hold harmless Ayulife and its Partners with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by the You or on your behalf on the Website or App
3. LISTING CONTENT AND DISSEMINATING INFORMATION
Ayulife 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. Ayulife takes reasonable efforts to ensure that such information is updated at frequent intervals. Ayulife cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The Services provided by Ayulife or any of its licensors or Partners are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Ayulife and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, App or the Services. Ayulife 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, Ayulife and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, App, 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 Ayulife or its Partners or any User in relation to any User or services provided by such User.
a. The Website or App may be linked to the website of third parties, affiliates and business partners. Ayulife 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 or App. Inclusion of any link on the Website or App does not imply that Ayulife endorses the linked site. User may use the links and these services at User’s own risk.
b. Ayulife 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 App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User’s sole remedy is to discontinue using the Website or App.
c. If Ayulife determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, Ayulife reserves the right to immediately suspend your access to the Website or any of your accounts with Ayulife and makes such declaration about suspension on the website alongside your name as determined by Ayulife for the protection of its business and in the interests of Users. You shall be liable to indemnify Ayulife and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Ayulife, its Partners or its Users.
4. BOOKING APPOINTMENTS, THERAPIES, MEDICINES
While Ayulife will try to ensure a confirmed appointment with a medical service provider (like doctor) for a User who requested an appointment on the Website or App, Ayulife or its Partners do not guarantee that the User will get a confirmed appointment. Further, Ayulife 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 are not available as per the given appointment time.
b. You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Ayulife or its Partners responsible for any such interactions and associated issues and Ayulife will not be held responsible or liable for the same. For avoidance of doubt, the Services are not to provide any Ayurveda Centre or medical advice or diagnosis and hence Ayulife and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any interactions on the Website or App. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. Ayulife or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with using the Website or App. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the Website or App.
c. Without prejudice to the generality of the above, Ayulife or its Partners will not be liable for:
i. any wrong medication or treatment quality being given by the doctor(s), Therapist or any medical negligence on part of the any of the above.
ii. 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;
iii. cancellation or rescheduling of booked appointment or any variance in the fees charged;
iv.any medical eventualities that might occur subsequent to using the services of a doctor, therapist, pharmacy, whom the User has selected on the basis of the information available on the Website or App or with whom the User has booked an appointment or performed a transaction through the Website or App.
Further, Ayulife shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Ayulife’s sole discretion and may be modified or withdrawn at its sole discretion. Ayulife may moderate such feedback at any time. Ayulife shall not be obliged to act in any manner to give effect to the content of Users’ feedback
5. ONLINE PAYMENT ON WEBSITE AND APP
a. The Website and App provide you the ability to pay online through a third party payment gateway for some of the Services available on the Website or App.
c. The firm will charge freight or handling charges or shipping charges, international payment gateway charges and/or statutory taxes as applicable.
d. The cancellation and refund policy is only applicable to all online payments made through mobile app and website for booking appointments.
6. REFUND & CANCELLATION POLICY
1. In case cancellation is initiation by end user:
a. 5 Hours Before Schedule Appointment Time - 90% of Consultation Fees will be refunded in case appointment cancelled 5 hours before. However, please note that convenience fees will not be refunded.
b. 5 Hours Before Schedule Appointment Time - 80% of Therapy Fees will be refunded in case appointment cancelled 5 hours before.
c. 24 Hours After Scheduled Appointment Time - neither Consultation Fees/Therapy Charges nor Convenience Fees will be refunded.
In case Cancellation is initiated by relevant hospital due to unavailability of Doctor:
100% of consultation Fees and Convenience fees will be refunded to end user.
At the time of cancellation, amount will be refunded via same source of payment and will be subject to the payment terms of the source only. Amount will be refunded within 7 working days.
There is no refund for any products like medicines or oils or tea bought at the website.
7. DOCTOR PATIENT RELATIONSHIP NOT FOR EMERGENCY USE
a. 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 Ayulife 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.
b. It is hereby expressly clarified that, the Information that you obtain or receive from Ayulife, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall Ayulife be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
c. The Services are not intended to be a substitute for emergency. If you are an User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
8. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
The contents listed on the Website are
1. User generated content, or
2. Belong to Ayulife and its Partners.
2. The information that is collected by Ayulife directly or indirectly from the Users shall belong to Ayulife and its Partners. Copying of the copyrighted content published by Ayulife or its Partners on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Ayulife and its Partners reserve their rights to take action under applicable law accordingly.
3. Ayulife 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, App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Ayulife Content"), are the property of Ayulife or its Partners and are protected under copyright, trademark and other applicable laws. User shall not modify the Ayulife Content or reproduce, display, publicly perform, distribute, or otherwise use the Ayulife Content in any way for any public or commercial purpose or for personal gain.
4. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
9. REVIEWS AND FEEDBACK
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 Ayulife in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Ayulife disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Ayulife shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.
You agree that Ayulife may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
1. Obtaining feedback in relation to Website, App or Ayulife’s services;
2. Obtaining feedback in relation to any medical service providers on the Website or App
3. 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 Ayulife.
10. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party or manufacturer or brand owner and so expressly mentioned, Ayulife owns all Intellectual Property Rights to and into the digital assets, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, trademarks, trade names, service marks, designs, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from this Website without obtaining authorization from AyuLife.
1. Ayulife reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law where
1. Such User breaches any terms and conditions of the Agreement;
2. A third party reports violation of any of its right as a result of your use of the Services;
3. Ayulife is unable to verify or authenticate any information provide to Ayulife by a User;
4. Ayulife has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
2. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.
9. DISCLAIMER OF WARRANTIES
1. All information available on the Website or App, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Ayulife and its Partners will not be responsible for the same. Further Ayulife and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information
2. Ayulife Ayurveda makes no warranty for any damage suffered by customers from use of the services on this site. Furthermore, it makes NO warranty that:
3. The information on the digital assets is a substitute to proper consultation and treatment from a Ayulife Ayurveda Doctor, or other registered medical practitioners;
4. The digital assets will be available on an uninterrupted, timely, secure, or error free basis;
5. The results that may be obtained from the use of the digital assets or any services offered through the digital assets will treat any disease.
12. LIMITATION OF LIABILITY
In no event will we be liable for damages of any kind , including, without limitation , direct , incidental ,consequential damages (including, but not limited to, damages for lost profits , business interruption , and loss of programs or information) arising out of the use of or inability to use our digital assets, or any information provided on the digital assets, or in the products any claim attributable to errors, omission , or other inaccuracies in the products or interpretations thereof.
User agrees to indemnify and hold harmless Ayulife, 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. Ayulife 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. Governing Law
1. The laws of India shall apply and courts in Gurgaon, Haryana shall have jurisdiction in respect of all the terms, conditions and disclaimers. The firm reserves the right to make changes to the digital assets and the terms, conditions and disclaimers at any time and without information to the customer/customers of the services.
Our Company complies with reasonable security practices and procedures to protect the sensitive and personal information collected by us. Regular audits are conducted to ensure that reasonable security practices and procedures are in place
1. Ayulife uses "cookies" to track usage patterns, traffic trends and user behaviour, as well as to record other information from the website. For certain services provided on this website, cookies allow Ayulife and/or its group companies/affiliates to save information locally so that you will not have to re-enter it the next time you visit. Many content adjustments and customer service improvements are made based on the data derived from cookies. The information we collect from cookies will not be used to create profiles of users and will only be used in aggregate form.
3. If the User uses any of the sharing features that may be offered by the digital assets, the User’s friend's email address will not be retained on Ayulife Website or used in any way by Ayulife or its group companies/affiliates.
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.
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 Ayulife. Any consent by Ayulife to, or a waiver by Ayulife 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.
If you have any questions you may contact us at +91 8130209189 or also write at [email protected] and The Grievance Officer will contact you.