Terms of Use

EKAS HEALTH CARE LLP and its affiliates “we” provides its content on its websites or applications that post a link to this Terms of Use (the “Site”) subject to the following terms and conditions (the “Terms”).These terms apply in full force and effect to your use of this Site and by using this Site you expressly accept all terms and conditions contained herein in full. By accepting the terms of service, you agree that we may collect and store your personal information as long as you avail these services subject to limitations as have been set out in the privacy policy.

 

1- Intellectual Property Rights and Ownership

All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of the Company or its licensors and, to the extent applicable, is protected by relevant intellectual property laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section – Use of site content. All rights not expressly granted are reserved.

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of the Company and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you will not refer to or attribute any information to the Company or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, the Company or its licensors.

The trademarks, logos and service marks (the “Marks”) displayed on the website are owned by the Company or third parties. You are prohibited from using those Marks without the express, written permission of the Company or such third party.

 

2- Usage

The Company hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without the Company’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without the Company’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Company’s intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.

 

3- User Postings

You acknowledge and agree that the Company shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, forums or message boards, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sub-licensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against the Company for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with the Company’s use and publication of such submissions.

You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms.

The Company does not represent or endorse the accuracy of reliability of information posted on the Site by users. In addition, the Company does not and cannot review all information posted on the Site by users and is not responsible for such information. However, the Company reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

 

4- Notices of Infringement and Take down by the Company

The Company prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to the Company at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

 

5- Indemnification

You hereby indemnify, defend, and hold harmless the Company and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (the “Company Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by the Company and/or the Company Indemnified Parties in connection with any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Terms. The Company reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

6- Third-party Websites & Providers

We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. The Company has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.

 

7- Privacy

The Company understands that your privacy is important to you and the Company is committed to respecting your privacy and to protecting your personally-identifiable information (which is also referred to in some contexts and under some applicable laws as your personal data). The Company’s Privacy Policy describes how the Company uses and protects your personally-identifiable information, as well as how and with whom the Company may share that information.

 

8- Online Orders

All orders placed for the products online shall be subject to the Terms of the Company. Only upon an express email communication (“Confirmation of Order”) of the Company shall the order be accepted. The Confirmation of Order shall have details regarding delivery and quantity. The Company however reserves the right to cancel orders at its discretion at any point in time without giving any reasoning.

Product prices mentioned on the website shall be subject to changes at the Company’s discretion. Where applicable delivery charges will be added to the total cost of your product(s) as shown in the order total or notified by separate email prior to dispatch.

The risk to the products shall pass on to the customer from the time of delivery. Ownership of the products will pass to you once we have received full payment of all sums due (including delivery charges) in respect of your order.

 

9- General

These Terms and any dispute or claim arising out of or in connection with them are governed by the Indian laws and to the exclusive jurisdiction of the courts of New Delhi.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any Term shall be deemed a further or continuing waiver of such Term or any other Term. These Terms and any document expressly referred to in them constitute the entire agreement between you and us with respect to the use of website and the supply of our products.