Terms of service
This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Arva Health Private Limited, having its registered office at 55, 4th Cross, 17th A Main, 5th Block, Koramangala, Bangalore- 560095 (“Company” or “we” or “us”), is the owner of the website domain at https://www.arva.health/ ( referred as “Platform”); and any service availed by users (hereinafter referred to as “you”, “your” or “User”).
The Company request User (as defined below) to carefully go through these terms & conditions (“Terms of Service” or “Agreement” or “TOS”) prior to accessing to the Platform or availing Services (as defined below) using the Platform. If User continues to browse and use the Platform to avail Services, User irrevocably and unconditionally is agreeing to comply with, abide by and be bound by all these obligations as stipulated in this TOS, which together read with our privacy policy available at https://www.arva.health/ and any other variations of the links available on the Company’s Platform (“Privacy Policy”); and any other applicable policies referred to herein or made available on the Platform (collectively referred as “Terms and Conditions”). The Terms and Conditions shall govern the Company’s relationship with User in relation to the usage of the Platform. These Terms and Conditions supersede all previous oral, written terms and conditions (if any) communicated to User and shall act as a binding agreement between Company and the User.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
Definitions
"Company," "we," "us," or our" means [●], and any other companies that are its subsidiaries and affiliates.
"Service(s)" means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.
“User” or “You” shall mean any registered subscriber, individual or any visitor on the Platform or his/her representatives or affiliates who are registered on the Platform, as the case may be.
Updation of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time.
Service(s) provided to Users
As a visitor to the Platform, you may browse the diverse portfolio of curated hormone test made available on the Platform via Medical Practitioner, generates personalized insights surrounding women's reproductive health with the assistance of medical panellists/Doctors as listed on the Platform and ensure adherence to the medical advice given by User’s physician various and other services as made available by us in the Platform. You may register for these activities directly via the Platform. Kindly note that the list provided on the Platform is exhaustive. The aforementioned Services shall be provided through Company, or through its associated partners (which includes consultants, vendors, third party service providers etc.).
Company is offering the Platform for the usage of the User(s) who are residing in India and Company expects that the Services shall be availed only by the User (s) residing in India. Company disclaims all the responsibilities/liabilities arising out of or in relation to any claim arising out of or in relation to the (a) usage of the Platform outside the territory of India; (b) availing Services from outside the territory of India. In the event if User breaches the aforesaid condition, User hereby agrees to defend, indemnify and hold Company, its directors, employees, successors, assigns harmless from any claims arising out of or in relation to the breach of the said condition in relation to the usage of the Platform.
Eligibility
By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the applicable law including minors, un-discharged insolvents, or person with unsound mind etc. and are not eligible to use the Platform.
User Account Registration
User who are at least 18 years of age may create an Account and purchase the Services. Any purchase of Services by anyone under 18 is expressly prohibited and by doing so you represent and warrant that you are 18 years or older. In order to use the Platform, you have to create an account (“Account”) and in order to avail Services you need to subscribe to a plan which is made available to the User in the Platform (“Plan”).
You can create an Account by using your email ID/phone number. Post entering your details (email ID/phone number) in the Platform, one-time verification shall be conducted by the Company. Post verification Account shall be created. Further, you can create Account by logging into your account with certain third-party social networking websites (“SNS”) including, without limitation, Apple and Google, a “Third Party Account”, via our Platform, as described below:
As part of the functionality of the Platform, you may link your Account with Third Party Accounts, by either: (i) providing your Third-Party Account login information to Platform; or (ii) allowing Platform to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Platform and/or grant Platform access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern your use of the Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third-party service providers.
By granting Company access to any Third-Party Account, you understand that the Company will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account, so that it is available on and through the Platform. Unless otherwise specified in these TOS, all SNS Content, if any, will be considered to be User’s data for all purposes of these TOS. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Account will be available on and through your Platform. Please note that if a Third-Party Account becomes unavailable, or User’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform. You have the ability to disable the connection between your Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Platform and Application. However, under such circumstances, the Services may be disrupted.
Please note that your relationship with any third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Company is not responsible for any SNS Content.
Referral Offer
The Company offers the Users an opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The terms of the Program have been set out in https://www.arva.health/ (if any).
We reserve the right to modify or amend at any time these terms of the Program and/or the methods through which rewards are earned. We reserve the right to disqualify any Users from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these TOS or the terms of the Program or otherwise fails to comply with any applicable laws.
Third Party Interactions
We may provide links to third-party websites, our payment service providers/partners, who may process your payment details. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such third-party links.
We may provide some content, data, graphics, images, information, suggestions, guidance, including the blogs posted on the Platform or the Platform may host webinars from time to time which may be provided by subject-matter experts, healthcare instructors or medical professionals. Such information is provided on an as is basis and does not create a patient-doctor relationship between the Platform and the User and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular health condition. All such information provided on the Platform is merely for information purposes only. The Platform or the Company does not represent or warrant, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Platform. In no event shall the Company be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
Platform License
Subject to your compliance with the TOS, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the TOS. The Platform and the intellectual property rights vested therein is owned by Company.
Healthcare Provider Services
The Company acts as a facilitator with the User with entities who provide the desired medical service including without limitation to diagnostic centres, registered medical practitioners (RMP) and etc. (collectively referred to as "Healthcare Providers ") who will provide the respective Healthcare Provider Service.
The User may book such for Service by paying the fee via the Platform.
No User shall use the Company’s Services for any commercial or resale purpose. If any such unauthorised use of any of the Company’s Services is detected, Company reserves the right, including without limitation, to cancel all such bookings made immediately without any notice to such User and also to withhold payments or any refunds thereto. Company shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such User. Any liability in case of such unauthorised use shall be solely borne by such User.
All discounts and offers mentioned on the Platform are applicable to the Users only through their legitimate use of the Services and Platform. The discounts mentioned for any products or purchases facilitated through Platform are subject to these TOS. It is hereby clarified that the discounts on the Healthcare Providers Services that are not provided or offered on the Platform are offered directly by the Healthcare Providers and not by the Company. The Company reserves the right to disqualify any transaction or extend, cancel, discontinue, prematurely withdraw, change, alter or modify this discount and offers or any part thereof including the eligibility criteria and other pertinent terms and conditions relating to the discounts and offer at their sole discretion at any time as may be required and the same shall be binding on the User(s) without prior notice to the Users.
The Company reserves the right, at their sole discretion and without exposing themselves to any liability, to modify the terms and pricing of the Services at any time. Any purchased Service will not be available in a User’s account for use in the event that such User’s Account is deleted or suspended or otherwise terminated in accordance with this User Agreement.
We assume no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access, viewing, or use of the Platform.
Fees
User may avail the Services by availing one of the payments plans available on the Platform, such payment may be made directly via the Platform. Payment against Fees can be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform.
Certain activities and Content are available on the Platform to any User free of charge. The grant of such access to the User is solely at the discretion of the Company and we may revoke any such access granted as a part of the trial/promotional feature without any prior notice to the User.
Cancellation, Reschedule and Refund Policy
Cancellations: We do not offer cancellations or refunds. However, we do allow rescheduling to a later date, provided you give us a minimum notice of 12 hours prior to the originally scheduled date. Cancellations made within the specified notice period will not incur any charges.
Rescheduling in case of Services: Re-schedule request for lab test appointment shall be made on the Platform. Re-schedule of lab tests are only allowed 12 hours prior to the original scheduled time. Please contact us at [insert contact information, e.g., email or phone] to request a reschedule. Any changes made within the specified notice period will be accommodated based on availability.Occasionally, appointments may be cancelled or postponed by the Service Provider (including Medical Practitioner). Should this occur, we will attempt to contact or inform you and you may re-schedule your appointment as per your convenience.
Please refer to our Reschedule Policy available at https://www.arva.health/. Our Reschedule Policy is hereby incorporated into these Terms of Service by this reference.
Use of Your Information and other content displayed on the Platform
If you create, transmit, submit, display or otherwise make available any information while using the Services, you may provide only information that you own or have the right to use. We may only use the information you provide as permitted by our Privacy Policy and applicable law. For example, we will never share your personally identifiable information without your prior permission. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Service by this reference.
We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We may/may not make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
Additional terms for Healthcare Provider Services
The User may book the Services via the Platform by paying the respective fees for such services. It is clarified that the Users are booking and availing such Services at their own risk and the Company shall not be responsible for any acts or omissions of the Healthcare Provider, including without limitation and loss or damage caused to the User.
By using our services, you understand and agree that Arva Health will not be liable for:
Interactions and associated issues with RMPs, diagnostic services providers, health instructors, or wellness coaches.
The ability or intent of RMPs, diagnostic services providers, health instructors, or wellness coaches, or any deficiency in fulfilling their obligations towards users.
Any medication or quality of treatment provided by RMPs, diagnostic services providers, health instructors, or wellness coaches that may or may not cause any form of injury to you.
Inappropriate treatment, cancellation of appointments, unavailability of RMPs, diagnostic services providers, health instructors, or wellness coaches, or similar difficulties or any type of inconvenience suffered by users due to a failure on the part of these providers to provide agreed services.
Any misconduct or inappropriate behavior by RMPs, diagnostic services providers, health instructors, or wellness coaches or their staff.
You understand and agree that your engagement with any RMPs, diagnostic services providers, health instructors, or wellness coaches does not create any medical professional-patient relationship between you and Arva Health. It does not constitute an opinion, medical advice, diagnosis, or treatment of any particular condition. The prescriptions provided by RMPs are generated based on online consultation or in-person visits and are solely the responsibility of the RMPs.
You acknowledge that diagnostic services, and any other health services provided at your home or provided address are facilitated by Arva Health. These services are provided by third-party service providers, and Arva Health is not responsible for the actual test, analysis, or diagnosis provided. The Company hereby disclaims and excludes all warranties with respect to all information and diagnosis contained in the lab report.
WE HEREBY DISCLAIM ANY FORM OF LIABILITY ARISING OUT OF ANY INJURY OR DISABILITY OR ANY INCAPACITATION CAUSED TO YOU ON ACCOUNT OF AVAILING THE SERVICES AND YOU EXPLICITLY AGREE THAT YOU SHALL NOT HAVE ANY RIGHTS TO MAKE ANY CLAIM AGAINST US FOR SUCH INJURY/LOSSES. YOU AGREE AND UNDERSTAND THAT AS PART OF THE ACTIVITIES THAT MAY BE MADE AVAILABLE VIA THE PLATFORM YOU MAY BE REQUIRED TO UNDERTAKE PHYSICAL ACTIVITIES. COMPANY SHALL NOT BE RESPONSIBLE AND WILL NOT ACCEPT ANY LIABILITY FOR ANY DISABILITIES, INJURIES OR INCAPACITATION OR ANY OTHER HARM CAUSED TO YOU ON ACCOUNT OF YOUR AVAILING THE SERVICES ON THE PLATFORM. COMPANY SHALL FURTHER NOT BE RESPONSIBLE FOR DEATH OF ANY PARTICIPANT/USER, WHICH MAY BE ATTRIBUTED EITHER DIRECTLY OR INDIRECTLY ON ACCOUNT OF YOUR AVAILING ANY SERVICE LISTED ON THE PLATFORM. COMPANY WILL ALSO NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSSES (WHETHER DIRECT OR INDIRECT OR CONSEQUENTIAL OR INCIDENTAL) OR ANY DAMAGES SUFFERED BY YOU BECAUSE OF YOUR AVAILING THE SERVICE LISTED ON THE PLATFORM. THE PLATFORM IS ONLY AN INTERMEDIARY AND CANNOT BE HELD LIABLE FOR ANY DISPUTE/ CLAIM/ DAMAGES THAT ARISE BETWEEN THE USER AND THE MEDICAL PRACTITIONER.
Without prejudice to the generality of the above, we are not involved in providing any healthcare or medical advice or diagnosis or insurance business. The User understands and agrees that we will not be liable for:
User’s associated issues any opinion provided by the Medical Practitioner based on the information and documentation provided by the User, such opinion(s) does not deem to substitute any consultation with an independent and specialist medical practitioner. Any features available are provided as a value-added service, and the User is free to choose whether or not to obtain any opinion, and if obtained then whether or not to act on the same.
The ability or intent of the Medical Practitioner, including any medical practitioner, or the lack of it, in fulfilling their obligations towards User, including actual or alleged errors, omissions and representations made;
Any wrong medication delivered or quality of treatment being given by the Medical Practitioner, or any medical negligence, misconduct or inappropriate behaviour by the Medical Practitioner or the Medical Practitioner’s staff;
The Company is a facilitator providing platform for Users to avail services made available on the Platform. The Company is not responsible for, and does not endorse, any Services mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such Medical Practitioners. The Services do not predict fertility, or diagnose PCOS and Thyroid issues. The Services only serve as an important data point in understanding the overall health and are meant to facilitate a conversation with a healthcare provider.
Company urges User to be vigilant and cautious of any Services that User may avail via the Platform. Company shall not be responsible for any transaction or dissemination of information by the User that may take place while accessing these third-party websites.
The Company shall not be held liable to any User or third party with respect to the services availed via Platform. Company hereby disclaims all liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any third- party service provider.
We may, at our sole discretion, suspend the Services or User’s ability to use or access the platform at any time while we investigate any complaints or alleged violations of these Terms of Use, or for any other reason. We have the right to edit profiles of the Service to make them more suitable for package searches on the Platform. If a User finds any incorrect or inaccurate information on the Platform in relation to the Services, the User may reach out to us for correction. We shall have no liability or responsibility in this regard.
User’s Responsibilities:
If the User is booking the Service on behalf of a dependent, the User agrees to have taken consent of the dependent before sharing information and making the booking with the Company.
The User agrees and understands that his/her explicit consent is required to avail certain Services owing the nature of these services, the User agrees and understands that the Company shall not be responsible for obtaining such consent from the User.
The User further warrants that they will comply with all applicable laws, guidelines, rules and regulations of the concerned jurisdiction regarding use of Services for each transaction.
We do not guarantee or make any representation with respect to the correctness, completeness or accuracy of the services provided to the User including tests conducted and reports generated by the Medical Practitioner and/or by the Company via Doctor(s) empaneled by the Company.
Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS, or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; (iv) impersonates any person or entity; (v) avoid payment of Fees; (vi) use the Services for unauthorised commercial solicitation purposes; (vii) permit unauthorised use of your Account; or (viii) remove any trademark or proprietary notices contained in the Service. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.
Additionally, you shall not share any information that: (i) may be harmful to minors; (ii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is 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; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) submit to the Company any information that may be protected from disclosure by applicable law.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder or (vii) do any activity s fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”).
Alerts Provided by The Company
I. The Company provides you with multiple automatic alerts while providing Services.
II. You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Contact You
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
I. Informing you about our services or products, which you are interested in;
II. Enquiring about your interest to subscribe or purchase any of our existing products or services for which you have expressed interest;
III. Obtaining feedback in relation to Platform or our Services;
IV. Obtaining feedback in relation to any other Users listed on the Platform;
V. Resolving any complaints, information, or queries related to Services and Platform; and
VI. You agree to provide your fullest co-operation further to such communication by Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to such feedback confidential.
Profile Ownership and Editing Rights
We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.
Rights and Obligation relating to the usage of the Platform
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
I. violating or attempting to violate the integrity or security of the Platform;
II. transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
III. intentionally submitting on the Platform any incomplete, false or inaccurate information;
IV. making any unsolicited communications to other Users;
V. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
VI. circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
VII. Any unlawful activities in the Platform which are prohibited by laws of India.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. Company shall also be entitled to preserve such information and associated records for at least ninety (90) days for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, we shall have the right to immediately terminate User’s access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person located within India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
Company and User Materials
While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a non-exclusive, non-transferable, non-sub licensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use. While availing Services, User may submit various materials to Company in the form of audio/video/written (“User Materials”). User hereby provides Company with an exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement.
All material posted on the Platform’s blog feature (“Content”) has been submitted to the Company by third-party authors. The Company has endeavored to ensure that the information on this web site is correct and current at the time of publication, but takes no responsibility for any error, omission or defect therein. Content published on the Platform is intended to provide general information only. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advices, services, and any other information provided on this web site. Any Content of the Platform should not be used as a substitute for professional health care.
Support
The Company offers an email-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing at support@arva.health.
The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
Termination
We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE REQUIRED TO CARRY OUT PHYSICAL ACTIVITIES AS PER THE SERVICES PROVIDED MADE AVAILABLE TO YOU VIA THE PLATFORM. WE HEREBY DISCLAIM ANY FORM OF LIABILITY ARISING OUT OF ANY INJURY OR DISABILITY OR ANY INCAPACITATION CAUSED TO YOU ON ACCOUNT OF CARRYING OUT SUCH SERVICES AND YOU EXPLICITLY AGREE THAT YOU SHALL NOT HAVE ANY RIGHTS TO MAKE ANY CLAIM AGAINST US FOR SUCH INJURY/LOSSES. YOU AGREE AND UNDERSTAND THAT AS PART OF THE SERVICES THAT MAY BE MADE AVAILABLE VIA THE PLATFORM YOU MAY BE REQUIRED TO UNDERTAKE PHYSICAL ACTIVITIES AS PER THE SERVICES MADE AVAILABLE ON THE PLATFORM. COMPANY SHALL NOT BE RESPONSIBLE AND WILL NOT ACCEPT ANY LIABILITY FOR ANY DISABILITIES, INJURIES OR INCAPACITATION OR ANY OTHER HARM CAUSED TO YOU ON ACCOUNT OF YOU AVAILING THE SERVICES. COMPANY SHALL FURTHER NOT BE RESPONSIBLE FOR DEATH OF ANY PARTICIPANT WHICH MAY BE ATTRIBUTED EITHER DIRECTLY OR INDIRECTLY ON ACCOUNT OF YOUR AVAILING THE SERVCIES AS MADE AVAILABLE BY COMPANY ON THE PLATFORM. COMPANY WILL ALSO NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSSES (WHETHER DIRECT OR INDIRECT OR CONSEQUENTIAL OR INCIDENTAL) OR ANY DAMAGES SUFFERED BY YOU ON ACCOUNT OF YOUR AVAILING THE SERVICES MADE AVAILABLE ON THE PLATFORM. YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES.
WE MAKE NO REPRESENTATIONS OR GUARANTEES ABOUT ANY ASPECT OF THE CONTENT AND DO NOT ENDORSE ANY OPINIONS EXPRESSED BY ANY AUTHOR. THE MAGAZINE SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE MAGAZINE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE CONTENT. UNDER NO CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE CONTENT THEREOF, ANY CONTENT POSTED ON, OR CONDUCT OF ANY USERS OF THE BLOGS, WHETHER ONLINE OR OFFLINE. YOU USE THE CONTENT AT YOUR OWN RISK. SOME AREAS OF OUR CONTENT OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH THE COMPANNY OR MAY BE THIRD-PARTIES WHO SUBMIT SUCH CONTENT TO THE CONPMANY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE INFORMATION IN THE CONTENT. WE DO NOT GUARANTEE THE COMPLETENESS, ACCURACY, GENUINEITY, MERCHANTABILITY, AUTHENTICITY OR CORRECTNESS OF THE CONTENT AVAILABLE ON THE PLATFORM. THE CONTENT AVAILABLE ON THE PLATFORM IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF A PHYSICIAN OR ANY MEDICAL PROFESSIONALS. THE CONTENT IS SOLELY THE REFLECTION OF THE AUTHOR’S VIEWS, THE COMPANY DOES NOT ENDORSE OR PROMOTE THE VIEWS OF ANY AUTHOR OR ANY CONTENT PUBLISHED ON THE PLATFORM. FURTHER, THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY MATERIAL SHARED BY THE USER ON THE CHAT FEATURE OF THE PLATFORM.
COMPANY IS NOT A HEALTHCARE PROVIDER AND CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. COMPANY PROVIDES NO ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT USED BY THE MEDICAL PRACTITIONERS IS OR WILL BE SAFE, EFFECTIVE OR APPROPRIATE FOR YOU. DO NOT USE THE PLATFORM OR SERVICES FOR MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL THE CONTACT NUMBER FOR EMERGENCY SERVICES IN YOUR REGION IMMEDIATELY.
THE COMPANY IS NOT IN THE BUSINESS OF MARKETING, PROMOTING OR SELLING INSURANCE OR INSURANCE RELATED PRODUCTS AND ANY INSURANCE WHICH IS MADE AVAILABLE TO THE USERS OF COMPANY THROUGH THIRD-PARTY MEDICAL PRACTINIONER AND SUCH SERVICES ARE SOLELY PROVIDED BY THIRD PARTY MEDICAL PRACTINIONER. ANY INSURANCE AVAILED THROUGH THIRD PARTY MEDICAL PRACTINIONER SHALL NOT BE CONSTRUED TO BE THE SERVICES OF COMPANY AND SUCH SERVICES SHALL BE GOVERNED BY THE TERMS AND CONDITIONS OF THE MEDICAL PRACTINIONER SERVICE PROVIDER AND/OR INSURANCE PROVIDER.
THE COMPANY IS NOT INVOLVED IN PROVIDING ANY HEALTHCARE OR MEDICAL ADVICE OR DIAGNOSIS OR INSURANCE BUSINESS. THE USE OF THE SERVICE DOES NOT CREATE A DOCTOR/PATIENT RELATIONSHIP BETWEEN YOU AND THE COMPANY. THE SERVICE RENDERED BY THE COMPANY PROVIDES A TECHNOLOGY PLATFORM THAT FACILITATES THE MEDICAL PRACTINIONER AND ENABLES YOU TO AVAIL THE SERVICES. WE DO NOT RECOMMEND OR ENDORSE ANY PARTICULAR MEDICAL PRACTINIONER OR SERVICES OR MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITY OF THE SERVICES.
Indemnification
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
Exemptions to liability of Company
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
I. your failure to cooperate;
II. your unavailability and/or unresponsiveness;
III. your failure to provide accurate and complete information;
IV. your failure to provide or facilitate the submission of User Materials in timely manner;
V. any event beyond Company’s reasonable control.
It is important to state that the Company through its Platform or through any other means, does not provide any kind of medical advice or instructions. Company acts as a guide to ensure that you have a healthy lifestyle, adhering to instructions offered by your medical physician. Company shall not be liable for any losses/claims/injuries, which may occur on account of the medicines/diets/other advice prescribed by any third party (including your physician).
The User acknowledges that the information disclosed to User by Company, as a part of rendering the Services may not be a substitute for a doctor's medical judgment or advice. The Company recommends that the Users discuss their specific, individual health concerns with their respective doctor or health care professional.
Governing Law
Each party will comply with all laws, rules, and regulations applicable to this Agreement. This Agreement shall be governed by the laws of the India without giving effect to its principles regarding conflicts of law. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and you hereby accede to and accept the jurisdiction of such courts.
Miscellaneous
I. The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
II. If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
III. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
IV. The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
V. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
Grievance Redressal Mechanism
Any discrepancies or grievances with regard to the content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as
Attention: Pooja
Email ID: pooja@arva.health
Address: 55, 4th cross, 5th Block, Koramangala, Bangalore 560095
We shall ensure that the Grievance Officer acknowledges the receipt of any consumer complaint within forty-eight (48) hours and redress the complaint within one (1) month from the date of the receipt of the complaint/grievance.
In furtherance of the Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) Rules 2020 nodal officer appointed to ensure compliance with the Act and E-commerce Rules is as follows:
The grievance officer will acknowledge the receipt of any compliant within forty-eight hours and redress the complaint within one month from receipt of the complaint.
Contact
If you have any questions regarding the Services or usage of the Platform, please contact Company at support@arva.health. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.
