PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY.
Chatboat (Hereinafter Referred to as “platform”/ “mobile Application”) is a Website and Mobile-based Client Communication Integration Platform Owned and Operated by Vd Infomedia Pvt. Ltd. Having Office at B 507 World Trade Tower, Makarba, Sg Highway, Ahmedabad (Hereinafter Referred to as “infomedia”/ “we”/ “us”/ “our”).
This Document Represents a Legally Binding Agreement Between Any Registered or Unregistered User of the Platform (Referred to as "You," "Your," or "User") and Us. It Outlines the Terms and Conditions Governing Your Access and Usage of the Platform, as Well as Our Associated Websites, Services, Applications, Products, and Content (Collectively Referred to as the "Services").
The Terms and Conditions Stated in This Document Will Become Effective Once You Accept Them. You Can Provide Your Acceptance Directly or Indirectly in Electronic Form by Clicking on the "I Agree" Button or by Using the Platform. Additionally, Creating a Registered Account on the Platform (Referred to as an "Account") Implies Your Acceptance of These Terms. They Will Govern the Relationship Between You and Us Regarding Your Usage of the Platform and the Services Provided Therein.
This Document is Considered an Electronic Record as Per the Information Technology Act, 2000, and the Relevant Rules Framed Under It, Along With the Amended Provisions Related to Electronic Records in Various Statutes as Amended by the Information Technology Act, 2000. It Should Be Noted That This Electronic Record is Generated by a Computer System and Does Not Require Any Physical or Digital Signatures.
Please Be Aware That This Document is Not Published by the Provisions of the General Data Protection Regulation 2016/679 ("Gdpr"). Therefore, if You Are a Resident of the European Union ("Eu"), You Acknowledge That Our Services Are Not Extended to Eu Territories. Additionally, We Do Not Represent or Warrant That We Are Gdpr Compliant.
Please Carefully Read This Document. By Using the Platform and Our Services, You Indicate That You Understand, Agree, and Consent to the Terms Stated in This Document. If You Do Not Agree With These Terms, Please Refrain From Using This Platform. By Using the Platform and Its Services, You Unconditionally Consent and Agree, as Outlined in Section 43a and Section 72a of the Information Technology Act, 2000, to Allow Us to Access and Use the Personal Information That You Have Voluntarily Provided to Us in Connection With the Use of the Platform and Its Services.
By providing us with your information or utilizing the platform and its services, you give your consent to the collection, storage, processing, and transfer of both personal information (as defined in our privacy policies) and non-personal information by us, as specified in this document. Furthermore, you agree that such collection, use, storage, and transfer of information will not cause any loss or wrongful gain to you or any other individual.
Please note that these Terms of Use and the services provided by us are intended for organizations, entities, companies, and legal persons. Individuals who qualify as consumers, meaning natural persons engaging in activities outside the scope of economic activities and for purposes unrelated to trade, business, craft, or profession, are excluded.
To access and use this platform, you must be at least eighteen (18) years old. Minors, i.e., individuals below the age of 18, are not permitted to avail themselves of the services provided on this platform. The entity or organization on whose behalf you access the platform and utilize the services should be incorporated by applicable laws.
If you are using the services as an employee, agent, or contractor of a corporation, partnership, or similar entity, you represent and warrant that you have the authority to sign for and bind such entity to accept these Terms of Use.
Your access to the platform and utilization of our services are also governed by our Privacy Policy, which you can find directly on the platform. The terms of the privacy policies, both before and after signing up, are incorporated herein by reference. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically fulfil any legal requirement for written communication.
Before using, subscribing to, or participating in the platform, it is understood and warranted that you, as the user, have fully read, understood, and accepted the Terms of Use. These terms may be updated from time to time without prior notice to you. It is recommended that you periodically review these Terms of Use for any updates. We will make reasonable efforts to notify you of any amendments to the Terms of Use through a notice on the platform. Your continued access to the platform and/or use of the services following the update of the Terms of Use will be considered as your acceptance of the updated terms. If you do not agree with or wish to be bound by the updated Terms of Use, you may not access or use the platform or the services.We may occasionally release new versions of the platform or introduce new services, which will be subject to these Terms of Use and any additional terms of service applicable to such new versions or services.
The platform provides users who have subscribed to our subscription plan with access to secure and user-friendly virtual software that operates in the cloud. This software facilitates the integration of all client communications into one platform, utilizing the WhatsApp Business API. These services are referred to as "Chatboat Services." You acknowledge and agree that the Platform relies on the WhatsApp Business API to deliver the Chatboat Services. Therefore, any modifications made to the WhatsApp Business API may impact or even prevent us from providing Chatboat Services. The Platform has no control over the delivery of services by the WhatsApp Business API or its technical configuration.
Please note that the Chatboat Services are exclusively intended for business use or internal business purposes within the entity or organization represented by the users. They should not be used for personal or household purposes. The Chatboat Services must be utilized for their intended purposes and objectives. Additionally, users are responsible for ensuring their own access to the internet and acquiring the necessary equipment to utilize the Chatboat Services.
The Chatboat Services encompass various features, including but not limited to:
By installing the Chatboat WhatsApp Chatbot, you can create a digital assistant for yourself or your entity/organization. This enables you to provide automated responses to customer queries.
If your subscription plan includes the WhatsApp workspace feature, you are entitled to add multiple agents (such as employees, colleagues, etc.) to the WhatsApp workspace, as permitted by your subscription plan. These agents will have access to the workspace.
Authorized employees can add private notes to conversations and contacts. These private notes restrict or provide access to the information within your entity or organization, ensuring confidentiality.
You can create and share various types of content, including text messages, images, videos, locations, contacts, audio files, and more ("Your Content"). This allows you to share relevant information with your clients and others.
You can create customized WhatsApp Message Templates, as defined in the WhatsApp documentation. However, these templates require approval from WhatsApp. Additionally, you are responsible for any applicable pricing associated with the WhatsApp Message Templates and must make the necessary payments to Chatboat for their usage. WhatsApp Template Messages refer to specific message formats that have been reviewed and approved by WhatsApp for businesses to send messages to their customers. Starting from 1st February 2022, WhatsApp has implemented conversation-based pricing, which can be found at the following link: URL to pricing details.
If you wish to avail the Chatboat Services, please follow the steps below to sign up:
1. Visit our Platform's website at https://Chatboat.com ("Website"). 2. Provide your work email address and active mobile number on the Website to register for a free trial. 3. After providing your work email and mobile number, you will be redirected to our Sandbox account. You will be prompted to link your WhatsApp number with our shared Sandbox number to access the features of Chatboat Services for your business. 4. We will request certain information from you and your business, including: - Name of your entity or organization/yourself - The registered address of your entity/yourself - Purpose of the entity - Website of your entity - Business Category - Contact number, and more. 5. You will need to apply for the WhatsApp Business API, powered by a specific Business Service Provider, directly through the Chatboat portal. You can choose assisted onboarding from our Chatboat onboarding team, who will provide the necessary assistance and demos to help you onboard your business with Chatboat. 6. After the demos of Chatboat Services, if you decide to sign up, we will send you a Chatboat Onboarding Guide in the form of a Google Form. This Guide will request information about your organization/business, including business incorporation documents, utility bills, social media credentials, and the WhatsApp number to be integrated with the Platform, among others. This information is collectively referred to as "Registration Data." 7. You are required to complete the Guide and agree to the Terms of Use and the relevant terms and conditions of WhatsApp Business. We will share the Guide with WhatsApp for review and approval. 8. Once the Guide is reviewed and verified by WhatsApp, the phone number you provided will be approved by WhatsApp to use their WhatsApp Business API services. Upon approval, we will send an OTP and a sign-up link to your WhatsApp number as provided in the Guide. 9. Using the sign-up link, you can create an Account as specified in clause 4 below to access the Chatboat Services. Please note that all the necessary steps and instructions for signing up and accessing the Chatboat Services will be provided to you in a clear and organized manner.
Once you click on the sign-up link provided, you will be redirected to the Website. To access and use the Chatboat Services on the Platform, you will need to create an Account. Follow the prompts on the Platform to register and provide the required information. Upon completing the registration process, you will receive a username and password (Login Credentials) for your Account.
During the registration, you will be asked to provide certain information about your organization. As the creator of the Account, you confirm that you are duly authorized to represent and sign on behalf of the entity mentioned in the Account. The information provided should be accurate, complete, and not misleading. By accepting these Terms of Use, the entity named in the Account agrees to its terms. These Terms of Use will be effective from the date of Account creation and verification. Please ensure that you promptly update any changes to the provided information to ensure effective communication with us. If any Registration Data provided by you is found to be untrue, inaccurate, not current, or incomplete, we reserve the right to suspend, terminate, or block access to your Account on the Platform.
During the Account creation process, you agree to: - Keep your password and login information restricted and do not share it with any unauthorized person or entity. - Not to use the name or email of another person without proper authorization. - Not to use an email or profile name that is profane, offensive, or inappropriate. - Not to allow any third party to use your login information, Registration Data, or Account. - To promptly notify us of any activities in your Account, even if such activities are not committed by you.
We may periodically modify or add information fields required for Account creation. You agree to promptly complete any additional or modified information fields requested by us. In some cases, you may also need to update your Account and/or operating system settings to allow us access to other details such as the address book/contacts and enable geolocation, camera, and microphone functions. Your registration with us is subject to our confirmation, and your Account will become valid once we confirm your registration or activate your Account.
We reserve the right to use your Registration Data for servicing and operating the Platform, as described in more detail in this Terms of Use and our Privacy Policies.
Maintaining the confidentiality of your login credentials is of utmost importance. You must refrain from disclosing or sharing them with any third party. It is your responsibility to prevent unauthorized usage of your login credentials. If, under any circumstances, you suspect a breach of security, such as the disclosure, theft, or unauthorized use of your identification, it is imperative that you promptly notify us. If we have reasonable grounds to believe that your identification is being misused in a manner that contravenes the terms of use, we reserve the right to temporarily suspend your access privileges. We will provide you with notice of this suspension and prohibit access from your identification until the matter is resolved.
During the registration process for your account on our platform, you will be required to provide us with your contact details, including your email address. By doing so, you are explicitly permitting us to use your email address for essential service notifications, important announcements, and other administrative communications about your use of the platform. Additionally, you may also receive marketing and advertising communications from us and our third-party advertising partners.
While you have the option to opt out of receiving certain notifications, please note that there are certain services and administrative notifications from which you cannot opt-out. If you do not wish to receive any platform-related notifications, the only available course of action is to cease using the platform and delete your account.
It is important to understand that we cannot be held liable for any communications you receive directly or indirectly from third parties in connection with the platform. Any actions you take or choose to refrain from taking as a result of such third-party communications are your own responsibility. We also do not assume any responsibility for verifying the identity or trustworthiness of the source or content of any third-party communications.
We maintain the right to disable your account under the following circumstances:
1) Failure to comply with the provisions outlined in these Terms of Use and/or WhatsApp Business Policies. 2) Activities on your account that, at our sole discretion, may cause harm to us, the platform, or impair the services. This includes actions that infringe upon or violate the rights of third parties or any applicable laws or regulations. 3) Engaging in conduct that we deem inappropriate or unacceptable in our sole discretion. 4) Failure to clear subscription or usage fees. 5) Any other reasons determined by us.
We may also disable your account or suspend/terminate your access to the platform if you file a claim against us or involve the platform in any claim. In such cases, we reserve the right to pursue any available remedies as per applicable laws and regulations. Disabling your account or suspending/terminating your access to the platform does not waive our rights or claims arising from your breach of these Terms of Use or any other acts or omissions on your part. If your right to use the platform is terminated, limited, or suspended, these Terms of Use will continue to be in effect and enforceable.
Without our prior written consent, you are not permitted to register or create a new account using your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of that third party.
You have the option to terminate your account at any time by sending a request via email to team@Chatboat.com. Upon receiving the termination request, we will review your account for any pending subscription fees. Only after completing this review will we proceed with terminating the account from the platform. However, please note that we reserve the right to retain your registration data in an anonymous form and any other information provided on an "as-is" basis as required by law.
Notwithstanding anything mentioned in these Terms of Use, any clauses that, by their nature, should survive the expiration or termination will continue to be fully effective even after the expiration or termination of these Terms of Use.
You acknowledge and provide your full and unconditional consent to the following:
1) Your account information is permanently stored in a computer database that is owned, maintained, and controlled by us. 2) Your account information is being shared with any third-party entity that enters into a commercial relationship with us. 3) Your account information is being shared in its original form or an aggregated form with other third-party entities. 4) Your account information is being shared with our partners, licensors, and affiliates. 5) Receiving links to third-party websites and services, as well as displaying advertisements for third-party service providers that have established a commercial relationship with us. These are collectively referred to as "Third-Party Links & Advertisements." 6) Receiving telephone calls and text messages from us regarding our services, including promotional calls and messages, as well as updates to our products. This will be done if you provide your mobile contact number or any other contact information while creating an account or interacting with us.
To access Chatboat services, users must select an appropriate plan from the available subscription plans listed on the platform's pricing page ( https://chatboat.in/chatboat/#pricing ) and agree to pay the corresponding fee mentioned in the chosen plan ("Subscription Fee"). The Subscription Fee must be paid by the user on a monthly, quarterly, half-yearly, or annual basis within seven (7) days from the invoice date. The subscription to Chatboat services will renew automatically unless the account is terminated, or the user provides a written notice of non-renewal at least thirty (30) days before the expiration of the current subscription term. Please note that the subscription plan chosen by the user may be updated periodically, and it is our responsibility to notify you of such changes. Payment obligations are non-cancelable, regardless of your utilization of the services, and except as expressly permitted in these Terms of Use, the Subscription Fee paid is non-refundable.
We provide payment authorization on our platform through the following payment services: - Razorpay - Stripe
You can make payments using the following methods through the aforementioned payment services: - Credit Cards: Domestic and International Visa, MasterCard, and American Express credit cards. - Debit Cards - Net banking - UPI
If undisputed Subscription Fee(s) remains overdue for more than thirty (30) days, we may, upon written notification, suspend your access to the platform, including your account, until the unpaid Subscription Fee(s) are paid in full.
Please note that the Subscription Fee does not include any taxes, levies, duties, or similar governmental assessments, such as value-added, sales, use, or withholding taxes, imposed by any local, state, provincial, or foreign jurisdiction ("Taxes"). You agree to pay applicable direct or indirect Taxes associated with your purchases under this agreement, and if legally required, we will itemize the taxes on the invoice.
The Subscription Fee does not cover any charges imposed by WhatsApp Business API for Template Messages or Conversations. We will raise an invoice based on the usage of messages/conversations every month, and you are required to settle the invoices within 7 days from the date of the invoice. We reserve the right to charge you for this additional service, and you have the option to accept or decline the charges and not use the associated channel. Upgrades and downgrades between subscription plans are allowed. Please note that downgrading may result in the loss of certain features or capacity of the services that were available to you before the downgrade. We will not be held liable for such loss. When upgrading or downgrading, the new Subscription Fees become immediately applicable. In the case of an upgrade, the new Subscription Fees for the current month will be charged on a pro-rated basis and must be paid by these Terms of Use. Subsequent months will be charged in full based on the new Subscription Fees, and any applicable credits will be adjusted accordingly.
The user acknowledges and agrees that Chatboat has partnered with WhatsApp Business Service Providers to offer the services through the platform. The user understands that the platform is integrated with WhatsApp API, and certain registration data may be shared with WhatsApp. Chatboat disclaims any liability arising from the user's use of WhatsApp API through the platform. The user agrees to adhere to WhatsApp's terms and conditions for the usage of WhatsApp Business, which can be found in the following links:
- WhatsApp Business Policy: https://www.whatsapp.com/legal/business-policy - WhatsApp Business API: https://www.whatsapp.com/business/api/ - WhatsApp Commerce Policy: https://www.whatsapp.com/legal/commerce-policy/ - WhatsApp API Rate Limits: https://developers.facebook.com/docs/whatsapp/api/rate-limits
The user understands that WhatsApp may update its policies, including the WhatsApp Business Policy, without notice. By continuing to use the WhatsApp Business Products through the Chatboat platform after such changes, the user consents to the updated policies.
The user represents and warrants that they are not in violation of the WhatsApp Commerce Policy and do not fall under any of the restricted industries outlined in WhatsApp's commercial policy. The user acknowledges that WhatsApp Business may impose limits on the number of messages that can be sent per day, as per its policy.
Furthermore, WhatsApp has the discretion to review, approve, or reject any WhatsApp Message Templates submitted by the user at any time.
WhatsApp does not provide a way to be notified when a WhatsApp user has blocked the sender or to retrieve a list of blocked users.
Violation of WhatsApp's policies may result in the suspension of the user's WhatsApp account. WhatsApp has the absolute discretion to limit or remove access to the WhatsApp Business API and other WhatsApp Business Products if the user receives excessive negative feedback, causes harm to WhatsApp or its users, or violates the terms or policies set by WhatsApp. If WhatsApp terminates the user's account for policy violations, the user and their organization may be prohibited from future use of WhatsApp Business API and other WhatsApp Business Products.
Chatboat takes no responsibility for any violations of WhatsApp's policies, and any additional charges arising from such violations will be borne by the user.
Once registered on the Chatboat platform, the user cannot reuse the WhatsApp number registered with Chatboat on other similar platforms or the WhatsApp Business App or WhatsApp mobile app.
WhatsApp retains the authority to modify acceptable message types and related policies at their sole discretion, without prior notice. As a user, you are only permitted to initiate chats using approved WhatsApp Message Templates, which are subject to applicable pricing. It is important to ensure that any WhatsApp Message Templates comply with WhatsApp's terms and are used solely for their designated purpose. WhatsApp reserves the right to review, approve, and reject any WhatsApp Message Template at any given time. You must acknowledge your responsibility for the variable costs associated with WhatsApp Message Templates, which will be billed by us. Starting from 1st February 2022, WhatsApp has implemented conversation-based pricing. For detailed information about the pricing structure, please refer to the following link: https://chatboat.in/chatboat/#pricing
You are prohibited from using the Platform or its Services to host, display, upload, modify, publish, transmit, store, update, or share any information that falls under the following categories:
1) Information that belongs to someone else and you do not have the right to use. 2) Defamatory, obscene, pornographic, pedophilic, invasive of privacy, insulting, harassing, or racially or ethnically objectionable content. 3) Content that is harmful to children. 4) Content that infringes upon patents, trademarks, copyrights, or any other proprietary rights. 5) Content that violates any existing laws or regulations. 6) Misleading information that intentionally deceives or misleads recipients, or false information presented as facts. 7) Impersonation of another person. 8) Content that threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with other countries, public order, or incites the commission of a criminal offence. 9) Content that contains software viruses or any other computer code designed to disrupt, destroy, or limit the functionality of computer resources. 10) Patently false or misleading information created or published to mislead or harass others for financial gain or causing harm. 11) Unlawful information that is prohibited by current laws related to the sovereignty and integrity of India, state security, friendly relations with other countries, public order, decency or morality, contempt of court, defamation, incitement to offences, or any information that is prohibited under existing laws. 12) Any private information of third parties, including addresses, phone numbers, email addresses, or any personally identifiable information.
You are prohibited from using the Platform in the following ways:
1) Uploading, posting, emailing, or transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment. 2) Disrupting the normal flow of dialogue or negatively affects other users' ability to engage in real-time exchanges or utilize the service. 3) Interfering with or disrupting the Platform, servers, or networks connected to the Platform, or disobeying any requirements, procedures, policies, or regulations of connected networks. 4) Violating any applicable local, state, national, or international law, including regulations set by regulatory authorities or securities exchanges. 5) Engaging in fraudulent or unlawful acts, whether related to third-party providers or otherwise. 6) Unauthorized copying, modification, adaptation, reverse engineering, disassembly, decompilation, or creation of derivative works of the Services or any content included therein. 7) Distributing, licensing, transferring, or selling the Services or any derivative works. 8) Using the Services for commercial purposes without express written consent, including advertising, solicitation, or spamming. 9) Incorporating the Services into other programs or products without authorization. 10) Impersonating or misrepresenting affiliation with any person. 11) Infringing upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party. 12) Attempting to access or use another user's, patient's, or practitioner's account, service, or system, or creating a false identity. 13) Selling advertising, sponsorships, or promotions on the Service or Content, unless specifically allowed by Us, or on any page containing Content from the Service.
In addition to the above, you must also comply with our Privacy Policies, which may be updated from time to time. A copy of our Privacy Policies is available on our Platform.
You are solely responsible for the information you transmit or share through the Platform. Your communications through the Platform are encrypted by WhatsApp Business, and we do not have access to those communications. If you fail to comply with these Terms of Use, we may terminate your registration and/or prevent your access to the Platform and its services without prior notice.
The Platform may include third-party content or hyperlinks to third-party websites or services, including advertisements. We do not control or endorse any third-party content, and we are not responsible for its availability, accuracy, or the products and services offered. We are not liable for any third-party content transmitted through the Platform. Third-party content is not monitored, censored, or edited by us, and any actions you take about such content are your responsibility. Before using any third-party content, you should read and understand its associated privacy policy and terms of use
By using the Platform, you release and hold us harmless from any liability arising from your use of third-party communications and content. This includes any losses or damages incurred in your dealings with third parties or as a result of the presence or functioning of third-party content on the Platform. It is your responsibility to evaluate the content and usefulness of information obtained from third-party sources.
Our obligation regarding the use of Personal Data is limited to the purpose for which it was collected. Personal Data: By this Terms of Use, if we receive your Registration Data while providing Chatboat Services, we agree to the following:
- We will not disclose or use any of your Registration Data for any purpose other than necessary to fulfil our obligations under this agreement. - We will not disclose your Personal Data to any third party, including our third-party service providers, without your prior written consent and subject to the requirements outlined in this clause. - We will implement administrative, technical, and physical safeguards to prevent unauthorized use or disclosure of your Personal Data. - Upon your request, we will provide information regarding our privacy and information security systems, policies, and procedures to fulfil our obligations under applicable laws and regulations. - If there is any actual or suspected theft, unauthorized use, or disclosure of your Registration Data, we will promptly investigate, correct the causes, remediate the effects, and notify you of such events. - Once any event described in the above clause is discovered, we will provide you with a notice and any requested information and assistance on time.
The Platform, products, and Services, including all content, are protected by intellectual property rights owned by us or our affiliates or licensors. This includes but is not limited to text, graphics, logos, images, audio, software, and technology used on the Platform. We and our licensors retain all rights not expressly granted in these Terms of Use.
All software used on the Platform is our intellectual property and is protected by Indian and international copyright laws.
Subject to these Terms of Use and within the limits permitted by us, we grant you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to access and make personal use of the Platform and the Services provided on the Platform. This license does not include the right to redistribute, resell, or commercially use the Platform.
You are prohibited from re-utilizing the Services of our Platform or systematically extracting any part of the content or using any robots, data mining, or extraction tools for reutilization. Additionally, you cannot create or publish anything that features parts of our Platform without our prior written permission, including our Services and their prices.
The trademarks "Chatboat" and "Infomedia," along with their logos and local language variants, are owned by Infomedia and are protected trademarks. Unless expressly provided in these Terms of Use or authorized in writing by us, you are not permitted to use any Infomedia Marks or our intellectual property in any press release, advertisement, promotional material, or media, whether written, oral, electronic, visual, or otherwise.
References to other parties trademarks on the Platform, including our payment service providers and other service providers, are for identification purposes only and do not indicate their approval of the Platform or its Services. These Terms of Use do not grant you any right to use the trademarks of these third parties.
You represent and warrant the following:
1) You have the legal capacity and authority to enter into this Terms of Use and agree to be bound by its terms and conditions. 2) You will not misuse or exceed the intended functionality of the Services. 3) You will not attempt to gain unauthorized access to the Services or any connected networks, servers, or computer systems. 4) You will not use the Services in a way that may damage or impair the Services or our underlying systems and security. 5) You will not use the Services for any unlawful purposes or to promote illegal activities, including copyright infringement or data theft. 6) You will not use any intellectual property, including copyrighted content displayed on the Platform, for personal or third-party gain without our explicit consent. 7) You will not modify, adapt, translate, or reverse engineer any part of the Services, including creating a shadow site or mirroring the Services. 8) If your Mobile Contact Number is listed in the Do Not Disturb/National Consumer Preference Register List of the Telecom Regulatory Authority of India (TRAI), you will promptly notify us after primary registration. 9) You understand that any calls or text messages you receive from us on your Mobile Contact Number are not unsolicited. 10) You will not take any actions or omissions that would create liability for us or cause us to lose the services of our internet service providers (ISPs) or other partners, suppliers, contractors, or vendors.
Each party acknowledges and agrees to the following regarding Confidential Information:
1) All Confidential Information remains the exclusive property of the party disclosing it (Disclosing Party). 2) The receiving party (Receiving Party) shall only use the Confidential Information to fulfil the terms of the agreement. 3) The Receiving Party shall not disclose the Confidential Information to any third party, except to its employees, officers, contractors, agents, and service providers who need to know the information for the agreement. These permitted individuals must be bound in writing by obligations of confidentiality and non-use that are no less protective than those stated in this agreement. 4) Upon termination of the agreement or at the request of the Disclosing Party, the Receiving Party shall return or destroy all Confidential Information, subject to applicable law and the internal record-keeping requirements of the Receiving Party. 5) The definition of Confidential Information does not include information that: a. Becomes publicly known without any action or omission by the Receiving Party. b. Was already in the possession of the Receiving Party before signing up on the Account without an obligation of confidentiality. c. Is disclosed to the Receiving Party by a third party without any confidentiality obligation. d. Is required to be disclosed by applicable law, court order, subpoena, or governmental authority. In such cases, the Receiving Party must notify the Disclosing Party and provide them with a reasonable opportunity to contest or limit the required disclosure.
Your use of the Platform is at your own risk. The Platform is provided on an "as is" basis without warranties of any kind, either express or implied. We do not make any warranties or representations regarding the accuracy, currency, completeness, or reliability of any services provided through the Platform or any third-party services linked to the Platform. We assume no liability or responsibility for any errors, mistakes, or inaccuracies of service, personal injury, property damage, or any nature resulting from your access to and use of the Platform. We also do not warrant that: - Your use of the services will meet your requirements. - Any information obtained through your use of the services will be accurate or reliable. - Any defects in the operation or functionality of any software provided as part of the services will be corrected.
We Do Not Warrant, Endorse, Guarantee, or Assume Responsibility for Any Service Advertised or Offered by a Third Party Through the Platform, Including Any Hyperlinked Website or Featured Banner or Advertising. We Will Not Be a Party to or Responsible for Monitoring Any Transaction Between You and Third-party Providers of Products or Services, Except as Provided Herein. You Need to Exercise Caution and Use Your Best Judgment When Engaging in Transactions With Third-party Providers.
Furthermore, Neither We Nor Our Affiliates or Licensors Warrant That Access to the Platform Will Be Uninterrupted, Error-free, or Always Accessible. We Do Not Guarantee the Timeliness, Accuracy, Reliability, Completeness, or Information or Materials Provided Through the Use of the Platform. We Are Not Responsible for the Conduct of Any User, Whether Online or Offline. We Do Not Warrant That the Platform is Free From Viruses, Worms, Trojan Horses, or Other Harmful Components, and We Cannot Guarantee the Security of Any Personal Information Provided by You. We May Change, Suspend, Withdraw, or Restrict the Availability of All or Any Part of Our Platform for Business and Operational Reasons at Any Time Without Notice.
Under No Circumstances Will We, Our Affiliates, Licensors, or Any of Their Agents, Employees, Officers, Directors, Corporate Partners, or Participants Be Held Responsible for Any Direct, Indirect, Incidental, Consequential, Special, or Exemplary Damages That May Arise From Your Use of or Inability to Use the Platform. Even if You Have Been Advised of the Possibility of Such Damages, This Includes but is Not Limited to Any Loss of Profit (Whether Incurred Directly or Indirectly), Loss of Goodwill, Loss of Opportunity, or Any Loss of Data You May Suffer.
We Shall Not Be Held Liable for Any Loss or Damage That You May Experience as a Result of the Completeness, Accuracy, or Existence of Any Advertising, or Due to Any Relationship or Transaction Between You and Any Advertiser or Sponsor Whose Advertising Appears on the Service. We Are Not Responsible for Any Changes We May Make to the Services, or for Any Permanent or Temporary Cessation in the Provision of the Services (or Any Features Within the Services). Additionally, We Cannot Be Held Responsible for the Deletion, Corruption, or Failure to Store Any Content and Other Communication Data Maintained or Transmitted Through Your Use of the Services. Furthermore, Any Loss or Damage Resulting From Your Failure to Provide Us With Accurate Account Information or to Keep Your Password or Account Details Secure and Confidential is Not Our Liability.
We Hold No Responsibility Towards You for Any Loss of Profit, Loss of Business, Loss of Goodwill or Business Reputation, Business Interruption, or Loss of Business Opportunity. We Shall Not Be Held Liable for Any Damages That Could Have Been Avoided Had You Followed Our Advice to Apply a Free Update Offered to You, or if the Damage Resulted From Your Failure to Correctly Follow Installation Instructions or Meet the Minimum System Requirements Advised by Us.
You Are Accountable for Any Mobile Charges That May Be Incurred From Your Usage of Our Service, Including Text Messaging and Data Charges. To the Maximum Extent Permitted by Law, Any Dispute You Encounter With a Third Party Arising From Your Use of the Services, Such as a Carrier, Copyright Owner, or Other User, is Solely Between You and That Third Party. You Hereby Release Us and Our Affiliates From Any and All Claims, Demands, and Damages (Both Actual and Consequential) of Every Kind and Nature, Known and Unknown, Arising From or in Connection With Such Disputes.
By Accepting These Terms, You Agree to Indemnify, Defend, and Hold the Us, Our Affiliates, Licensors, Distributors, Agents, Representatives, and Other Authorized Users/patients/practitioners Harmless From Any and All Losses, Damages, Liabilities, and Costs That May Arise From or Be Connected to: 1) Your Use or Access to the Platform. 2) Your Breach of Any Terms, Obligations, Representations, and Warranties Stated in This Terms of Use. 3) Any Claim That the Provision or Use of the Services Infringes Upon Any Rights of a Third Party. 4) Your Violation of Applicable Laws.
Please Note That Nothing in These Terms of Use Shall Exclude or Limit Our Liability for Any Liability That Cannot Be Excluded or Limited Under the Applicable Laws in Force in India. Your Statutory Rights as a User Remain Unaffected by These Terms of Use.
All notices should be provided to us via email or to you at the email or postal address you have provided. Any waiver of our rights or remedies under these Terms of Use will only be effective if it is in writing, executed by our duly authorized representative, and applicable only to the specific circumstances for which it is granted. Our failure to exercise or enforce any right or remedy under these Terms of Use shall not be considered a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No partial or single exercise of any right or remedy shall limit or restrict the further exercise of such right, remedy, or other rights and remedies.
These Terms of Use, together with our Privacy Policies referenced herein, constitute the entire agreement between the parties concerning the subject matter. The headings in these Terms of Use are for convenience purposes only and do not have any legal or contractual effect. The terms "including" and "includes" mean "including without limitation."
The provisions of these Terms of Use shall be interpreted harmoniously with each other, as well as applicable laws (including the laws of the jurisdiction of the user) and shall be upheld to the fullest extent permitted by applicable laws. Furthermore, the provisions in these Terms of Use shall be enforceable independently, and if any provision is held to be invalid, it shall not affect the validity of other provisions. If any provision of these Terms of Use is found to be invalid or unenforceable, the other provisions shall remain unaffected (to the maximum extent permissible), and the invalid or unenforceable provision shall be modified to make it valid and enforceable to the fullest extent permitted by applicable laws. Additionally, if any provision is void but would be valid if certain parts were deleted, the provision shall be applied with such modifications as necessary to make it valid.
You confirm that you do not have an employment, contractor, agency, or partnership relationship with us. We are solely providing you with the services upon your request. Furthermore, you are acting either on your behalf or on behalf of another person, as stated in these Terms of Use.
These Terms of Use, as well as any dispute or claim arising out of or relating to them (including non-contractual disputes or claims), shall be governed by and construed by the prevailing laws in India. You agree that the courts in Ahmedabad, Gujarat, shall have exclusive jurisdiction to settle any dispute or claim arising from or related to these Terms of Use.
