TERMS OF USE

Kriam Health is an online platform owned and operated by Kriam Health, with its registered office at 112, Kasa Nagar Road, Katargam, Surat, Gujarat-395004, along with its affiliates and subsidiaries (referred to as “We,” “Us,” “Our,” “Kriam Health,”, the “Company”). We are the author and publisher of the website www.kriamhealth.com and its mobile application (collectively referred to as the “Platform”).

The terms and conditions contained herein (“Terms of Use”/ “T&CS”/ “Terms”) contain the complete terms and conditions that apply to a Visitor, User and/or the Customer (hereinafter referred to as “you”, “your”, “yourself”) and govern the Visitor’s, User’s and/or Customer’s access to and use of the Service (as defined below). However, it is made clear that some of the Services may require the Visitor, User and/or Customer to agree to additional terms and conditions. Unless otherwise provided, those additional terms shall be deemed to be incorporated into the Terms of Use.

Understanding the Terms of Use contained herein is important because, by using the Services on the Platform, the Visitor, User and/or Customer is agreeing to these terms, in its entirety.

PLEASE CAREFULLY READ THESE TERMS OF USE AND THE PRIVACY POLICY AVAILABLE AT www.kriamhealth.com (“PRIVACY POLICY”), BEFORE ACCESSING, USING AND REGISTERING ON THE PLATFORM. THESE TERMS, ALONG WITH THE PRIVACY POLICY, SHALL CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN THE COMPANY AND YOU FOR THE PURPOSES OF AVAILING OUR SERVICES.

Notwithstanding any othe­r agreement or contractual arrangement that you may have with us, this Agreement solely governs the access to and use of the Platform and the Services available on it, and defines the rights, obligations and duties of the Parties relating thereto.

The Company reserves the right to change or modify these Terms at any time, at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform. By impliedly or expressly accepting these Terms, or through continuous use of the Services and/or the Platform, you accept and agree to be bound by any amendments, updates, and modifications to the Terms, as may be amended, updated, and modified from time to time.

This document is an electronic record in terms of the Information Technology Act, 2000 (as amended from time to time), the rules framed thereunder, and the provisions pertaining to electronic records in various 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. This document is being published on the Platform in accordance with the provisions of Rule 3(2) of the Information Technology (Intermediary Guidelines) Rules, 2011.

The Terms and Conditions governing your use of the Platform are set forth below:

DEFINITIONS

‍Unless repugnant to the context, the terms used in these Terms of Use have the following meaning:

• “Account” means the account created by the User on the Platform at the time of registration.
• “Affiliate” means, in relation to Kriam Health, a subsidiary or a holding company of Kriam Health or any other subsidiary of such holding company.
• “Customer” means any person who has an Account on the Platform and has placed an order and made payment for Products or Services offered on the Platform via an accepted payment method.
• “Force Majeure Event” includes any act, event, happening, non-happening, omission or accident beyond the reasonable control of the Company and includes, without limitation, the following events:
  • strikes, lock-outs, or other industrial actions;
  • riots, invasions, terrorist attacks or threats thereof, war (declared or undeclared), or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or any other natural disaster;
  • Disruption, interruption, or unavailability of public or private telecommunications networks, internet services, or any other digital communication channels, including but not limited to, the inability to access the Platform due to issues such as service provider outages, server downtime, data transfer limitations, software or hardware malfunctions, or cyber-attacks, which prevent the Customer or User from using the Platform to place orders, access healthcare services, or receive timely information;
  • any acts, decrees, legislation, regulations, or restrictions of any government, as may be applicable.
• “Platform” means the Company’s website, mobile application and other digital applications/interfaces provided for the purpose of using and/or availing the Services.
• “Personal Data” shall have the same meaning as ascribed to the term “Sensitive Personal Data or Information” under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (as amended from time to time).
• “Services” means any product and/or services offered by the Company via the Platform, including but not limited to, pharmaceuticals, nutraceuticals, over the counter products, diagnostic tests, and such other medical/healthcare products and services displayed/available on the Platform.
• “User” means any individual who is not necessarily a Customer but has the Account on the Platform and has the authority to log in and access its features and Services. A User may browse and utilize the Platform without making a purchase.
• “Visitor” means any individual who is neither a Customer nor a User, and is solely visiting the Platform or opening the Platform in its browser and closing it, without using the Services.

ACCEPTANCE OF TERMS

The Visitor, User, and/or Customer is deemed to have read, understood and accepted the Terms of Use, in its entirety, as well as the Privacy Policy available on the Platform if the Visitor, User, and/or Customer—

• uses the Platform or avails the Services provided through the Platform in any way; and/or
• browses the Platform.

The Visitor, User, and/or Customer acknowledges that BY ACCESSING AND USING THE PLATFORM, THE VISITOR, USER, AND/OR CUSTOMER AGREES TO BE BOUND BY THE TERMS OF USE CONTAINED HEREIN. IN THE EVENT, THE VISITOR, USER, AND/OR CUSTOMER DOES NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN, IT SHALL NOT ACCESS THE PLATFORM OR AVAIL THE SERVICES.

The Terms of Use help define and establish a relationship between the Company and the Visitor, User, and/or Customer.

The terms and conditions contained herein expressly supersede all prior agreements or arrangements between the Company and the Visitor, User, and/or Customer.

By accessing the Platform, the Visitor, User, and/or Customer hereby agrees to receive communication from the Company, regarding registration on the Platform or Platform Services, including but not limited to, any promotional, marketing, transactional messages, through Email and/or SMS and/or any other electronic medium, including third-party channels such as WhatsApp, as approved by the Visitor, User, and/or Customer.

The Customer represents that it is lawfully, without any disability or restriction, able to enter into contracts.

The Customer acknowledges and agrees that it is solely responsible for its data uploaded to or transmitted through the Platform as well as the consequences of uploading or transmitting its data onto or through the Platform.

The Customer acknowledges, represents and warrants that with respect to any data uploaded to, posted on, or transmitted through the Platform that:

• it has all necessary licenses, rights, consents, and permissions to upload, transmit, or publish such data and that it grants the Company, express, irrevocable license and authorization to use such data for the Services; and
• any use by the Company of the data uploaded, transmitted, or published by it on the Platform will not constitute infringement of any your rights and/or any third party’s rights, over such data posted or transmitted through the Platform.

The Customer agrees and acknowledges that it is solely responsible to the Company for any breach of its obligations, representations and warranties under these Terms of Use and for the consequences of any such breach, including any loss or damage which the Company may incur, whether directly or incidentally, due to any such breach.

CONDITIONS FOR USE

You must be at least 18 years of age or above, in order to access, register and use the Platform. By accessing, registering, and using the Platform, you warrant that you are 18 years of age or above, and are competent to contract in the manner set forth in Section 11 of the Indian Contract Act 1872, and hence you have the right, authority and capacity to use the Platform, and you therefore agree to abide by the Agreement.

Certain medical products or healthcare services, such as pharmaceutical drugs or specific diagnostic tests, may require a valid medical prescription from a certified healthcare provider. If a prescription is required, it will be indicated on the product or service page, and you must upload the prescription as part of the order process. Your order will only be processed upon successful verification of the prescription.

For over-the-counter (OTC) healthcare products or diagnostic tests that do not require a prescription, you may proceed with the purchase without submitting any prescription. This includes “Self” tests, where an individual can order diagnostic tests for personal use without a doctor’s referral or prescription. However, you acknowledge and agree that by opting for such services or products without a prescription, you are responsible for ensuring that the product or service is suitable for your needs and health condition.

OUR SERVICES

Through our Platform, we provide a range of healthcare products and services aimed at enhancing your well-being. This includes the availability of pharmaceutical products, nutraceuticals, and over-the-counter (OTC) items, as well as diagnostic testing services. Customers can easily browse and order these products through our website or mobile application. For certain medications and healthcare services, a valid prescription may be required, which can be uploaded during the order process. Additionally, we offer self-testing options for various diagnostic tests, allowing users to take charge of their health without the need for a doctor's referral. Our user-friendly platform ensures a seamless experience from registration and account creation to secure payment processing.

CONDITIONS FOR SERVICES AND SCHEDULING AN APPOINTMENT

In order to avail the Services listed on the Platform, you shall be required to fulfill the following conditions:

CREATION OF ACCOUNT ON THE PLATFORM

• Registration on the Platform: To access and use our Services, you must first register and create an Account on our Platform. For creation of an Account, you will be asked to provide basic identification information to confirm your identity, including your first and last name, date of birth, age, address, email address, mobile number, username, and password.
• One-Time Password (OTP): Upon providing your email address and mobile number during the registration process, you will receive an OTP for verification. This OTP will be sent to both your email address and mobile number and will remain valid for 10 (ten) minutes. Upon successful submission of the OTP, your verification will be completed, allowing you to proceed with ordering products or scheduling diagnostic tests.

Conditions for Account Creation and Use

The User hereby agrees to provide accurate and complete information for the purpose of Registration on the Platform. The Company shall not be responsible for verifying the accuracy and completeness of any such information. The User agrees and acknowledges that the onus of ensuring the completeness and accuracy of such information shall, at all times, lie with the User.

The Company reserves the right to reject the request for creation of the Account, at its sole discretion, if the data or information submitted appears to be incomplete, incorrect, or inaccurate.

The User agrees, undertakes, and declares that it has made its assessment of the Platform and has determined that it is fit for its purposes. The User will be using the Platform at its own risk, irrespective of the capacity in which it uses the Platform and it is expressly clarified that the Company shall owe no fiduciary or other duty or obligation to the User other than as expressly agreed in writing by the Company under the Terms.

The User agrees and acknowledges that any transactions entered into through the Platform shall be at the sole discretion of the User, and that the Company shall not be liable for the same.

Upon creation of the Account, the Company grants the User a non-exclusive, limited privilege to access and use the Platform, subject to compliance with the T&Cs. The Account created by you for use of the Platform shall be non-transferable and its use is restricted only to you, and no other person.

You are solely responsible for your Account and any data therein, and must keep the log-in credentials (log-in ID and password) secure at all times. You shall not sell, transfer or sub-license the log-in credentials to any other person. You undertake that upon becoming aware of any unauthorized access to your Account, you shall promptly notify the Company of such unauthorized use or access at www.kriamhealth.com. You agree and acknowledge that you will be solely responsible for any failure to notify the Company regarding any such unauthorized use of your Account, as well as for any losses/damages resulting from such unauthorized use, and that the Company shall bear no responsibility or liability, whatsoever, for the same.

To maintain control over the Account and to prevent anyone from accessing the Account (which would include information on viewing history for the Account), the Account owner should maintain control over the devices that are used to access the Service and not reveal the password or details of the Payment Method associated with the Account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. We can terminate your Account or place your Account on hold in order to protect you, the Company, and/or our partners from identity theft or other fraudulent activity. You agree that the person who created the Account on our Platform and whose Payment Method is charged is responsible for any activity that occurs through the Account.

The User agrees that its usage of the Platform and viewing various services and products listed on the Platform shall not, in any manner, imply, suggest, or constitute any sponsorship, recommendation, opinion, advice (whether legal or otherwise), or approval of any brand, brand owner, or IP owner, in favor of such products/services/tests. Furthermore, the Company does not provide any warranty regarding the quality and genuineness of the products and quality of the services displayed on the Platform. The User agrees that the Company is only an online aggregator for products/services, and the seller of each product/service shall be fully and completely responsible for the quality of the product/services rendered.

The use of the Platform is only for the purposes permitted by:

• the T&Cs contained herein; and
• any Applicable Law, rules, regulations, or generally accepted practices or guidelines and the same shall not be for any illegal purpose or any other purpose which is expressly or impliedly barred by any applicable law, statute, ordinance or regulation in force from time to time.

The User Account shall display the following details:

• Updated Profile: The User may edit their information at any time by providing a valid reason along with any required supporting documentation.
• Order History: A comprehensive list of all past orders made by the User, including their status and other relevant details.
• Active Orders: Information about currently active orders, including product or service descriptions, invoice details, payment status, and any other necessary information.

ORDERING MEDICAL PRODUCTS

To order medical products through our Platform, follow the steps below:

• Browse the selection of medical products available on the Platform.
• Select the product you wish to purchase and add it to your cart.
• Upload a valid prescription, if specified on the specific product-page.
• Review your cart to confirm the selected items and their quantities.
• Proceed to the payment section and complete the payment process.
• Once your order is confirmed, you will receive a confirmation message with the details of your purchase via your registered email and mobile number.
• Your ordered products will be delivered to the address provided during registration.

SCHEDULING/BOOKING DIAGNOSTIC TESTS

To schedule a diagnostic test through our Platform, follow the steps below:

• Browse the selection of diagnostic tests available.
• Select the test you wish to book and add it to your cart.
• Upload a valid prescription, if specified on the specific product-page, or confirm if the test is ordered at the discretion of the User, by clicking on “Self”.
• Review your cart to confirm the selected tests and their details.
• Choose a preferred date and time for your appointment.
• Provide your contact information, including email address and mobile number, for OTP verification.
• Confirm your Booking Details and proceed to the payment section:
  • For prepaid orders, pay the order price upfront, which shall be inclusive of the nominal booking fee.
  • For post-pay options, proceed to complete the booking merely by paying a nominal booking fee. The order price shall be paid after the tests are completed and the test sample is collected by the phlebotomist and the nominal booking fee paid shall be adjusted with the amount paid towards the order price.
  • Complete the payment process to secure and schedule your appointment.
  • Once you have scheduled the test, the Company shall assign a phlebotomist within 1 hour from the receipt of your booking request, and subject to the nature of the test requested, and the proximity of your location. The Company reserves the right to change and assign a new phlebotomist in case of unforeseen circumstances or if the initially assigned phlebotomist becomes unavailable.
  • Upon successful booking, you will receive a confirmation message with the details of your appointment on your registered email address and mobile number.
  • The assigned phlebotomist will reach the desired address at the time of scheduled appointment and will collect the test sample.
• After successful payment, you will receive an appointment confirmation for your selected test, including date, time, and location.
• The assigned professional or facility will contact you as needed regarding your appointment.

GENERAL UNDERTAKING BY VISITOR/ USER/ CUSTOMER

The Visitor/User/Customer hereby undertake to not access or use the Platform for any purpose other than that for which the Platform is made available. The Platform shall not be used in connection with any commercial purposes, except in the manner approved by us. Further, the Visitor/User/Customer agree not to:

Systematically retrieve any data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretence.

Use an agent to book diagnostic tests on the Platform.

Use the Platform to advertise or offer to sell products and services.

Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content displayed therein.

Engage in unauthorized framing of or linking to the Platform.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

Make improper use of our support services/redressal mechanisms, by submitting false complaints of abuse or misconduct, or in any other manner.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.

Attempt to impersonate another user or person or use the username of another user or person, or misrepresent its affiliation with a person or entity, and/or to sell or otherwise transfer your registration profile/Account;

Use any information obtained from the Platform in order to harass, abuse, or harm other persons/users.

Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.

Attempt to bypass any measures, including security measures/firewalls of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.

Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform; delete the copyright or other proprietary rights notice from any Content; and/or copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other source code.

decompose, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

Upload or transmit or misuse the Services or corrupt the Platform, or attempt to upload, or transmit or misuse the Services or corrupt the Platform, by introducing any viruses, bugs, worms, Trojan horses, or any other harmful material/malware, spyware, or any other program which is malicious or harmful, or indulge in any other activities, which would interfere with any user’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of or access to the Platform or its Services.

Attempt to gain any unauthorized access to the Platform, the server on which the Platform is hosted, or any other database, server, or computer connected to the Platform.

Use or attempt to use any unauthorized means, including but not limited to, use of any deep-link, program, automatic device, algorithm or methodology, or any similar processes, or hacking to access, utilize, copy or monitor any part/feature of the Platform or its content, or avail any Services or in any way reproduce or circumvent the source code, structure or layout of the Platform, or obtain or attempt to obtain any information not openly available on the Platform.

Upload or transmit, or attempt to so do, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform, as well as our goodwill and business reputation.

make any other use of the Platform which would or has the ability to violate these Terms of Use and/or any applicable laws or regulations.

The Customer undertakes to ensure that any material/information/data uploaded by it on the Platform is strictly of nature and context as required by the Platform for the relevant Service, and is not in violation of any applicable law in force.

disrupt or interfere with the security of, or otherwise cause harm to, the Platform, accounts, passwords, servers, or networks connected to or accessible through the Platform;

cause any interference or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

upload or distribute files that contain such material which is infringing the copyrights, trademarks, confidentiality, privacy or any other proprietary information protected by law, unless the Customer has the rights or the necessary consents thereto;

use the Platform or Services for any purpose that is fraudulent, unlawful, or prohibited by the Terms of Use and/or by any applicable law in force, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and/or any of its affiliates;

upload or distribute any material or information that is, or contains tags or keywords which are illegal, inappropriate, profane, obscene, offensive, abusive, harassing, misleading, indecent, defamatory, disparaging, or menacing, or is otherwise injurious to the Company and/or any of its affiliates, or is objectionable in any manner whatsoever;

OWNERSHIP OF PLATFORM AND THE CONTENT DISPLAYED THEREIN

The Platform, and any and all information or content, published by the Company on the Platform, directly or indirectly, shall exclusively belong to the Company. The copying of any such content or information for commercial purposes shall constitute a violation of the Company’s copyright, and the Company reserves the right to take appropriate legal action under applicable law, before the competent court.

The title and ownership of the contents of the Platform, including but not limited to information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and presentation of content on the Platform, at all times, shall vest with the Company, along with the intellectual property (copyrights, trademarks, patents), design and all other related rights. You shall not modify, reproduces, display publicly, distribute, or use such content in any way, for profit, personal gain or any commercial purposes.

REPRESENTATIONS AND WARRANTIES

You represent and warrant to us that:

Your use of the Platform will not violate any applicable laws of the jurisdiction/region from where you are accessing the Platform;

Any content uploaded by you on the Platform, or any information submitted by you on the Platform does not infringe applicable laws, rules, including but not limited to the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI”), any third-party rights, including but not limited to intellectual property and privacy rights.

All information submitted on the Platform is correct, true, accurate and does not violate any applicable laws.

Your use of the Platform conveys your acceptance of the terms of the Company’s Privacy Policy. The Company shall not in any manner be liable for the correctness, authenticity or accuracy of the information submitted by you, and the same shall solely be your responsibility.

By using the Platform, you represent and warrant that:

All information you submit at the time of registering your Account will be true, accurate, current, and complete;

You will maintain the accuracy of such information and promptly update such information as necessary;

You have the legal capacity to, and you agree to, accept and comply with these Terms.

If at any point, you provide false, misleading, incorrect, inaccurate or incomplete information to the Platform, and/or the Company is of the reasonable belief that the information provided on the Platform is false, misleading, incorrect, inaccurate or incomplete, then the Company reserves the right to discontinue your use of the Platform, and may suspend/terminate your Account for the said reasons, or take any other action that it may deem appropriate or necessary, as the case may be, including legal action in against any user creating a fake account on the Platform.

You will not use the Platform for any illegal or unauthorized purpose.

Your use of the Platform will not violate any applicable laws or regulation.

CONFIDENTIALITY

The User/Customer acknowledges and agrees that all information, data or details in any form with respect to the Platform, its designs, structure and arrangement, visual interfaces, specifications, documentation, components, source code, object code, images, icons, audio-visual components and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part, in addition to all documents, data, papers, statements, any business/customer information, trade secrets and process of the Company relating to its business practices or in connection with the provision of Services by the Company, trade and business of the Company, or otherwise, any information including names, assets, details, documents, transaction records, potential transactions, negotiations, pending negotiations, data, applications, software, systems, papers, statements, business information, marketing and financial information, databases, manuals, records and reports, articles, systems, material, sources of material, and any other data pertaining to the Company, available to it through Platform ( “Confidential Information” ) is of a sensitive and confidential nature.

The User/Customer undertakes to maintain the confidentiality of all Confidential Information, at all times, and shall not perform any act or omit to perform any act whose performance was otherwise necessary, to breach the confidentiality. The User/Customer undertakes to use all Confidential Information with such care and discretion, but not less than reasonable care, to avoid disclosure, publication, or dissemination of Confidential Information, as it will exercise in respect of its own information of similar nature that it does not wish to disclose, publish or disseminate, without its prior written consent or in an unauthorized manner.

The User/Customer may disclose Confidential Information only to the extent required by any regulatory authority or governmental authority under the applicable law, provided, prior to such disclosure, the User/Customer shall immediately inform the Company of such request for disclosure, to enable the Company to obtain any order to prevent or limit the disclosure of Confidential Information; and

The Customer agrees:

• to take all necessary action to protect the Confidential Information against misuse, sale, loss, destruction, deletion, and/or alteration;
• to use the Confidential Information only in connection with the Services/transaction for which the Confidential Information is obtained; and
• not to misuse or permit misuse directly or indirectly, commercially exploit the Confidential Information of The Company or any of its Affiliates through the Platform for economic or other benefit or in a manner prejudicial to The Company.

DATA PROTECTION

The storage, usage and transmission of all information obtained by it through the Platform, shall at all times be in accordance with the Information Technology Act, 2000 read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and all other applicable laws in force.

In the event the Company obtains any Personal/Sensitive Personal Data and/or Confidential Information pursuant to any transaction/Services, it shall only undertake the processing of Personal/Sensitive Personal Data/Confidential Information reasonably required in connection with the performance of its obligations under the said transaction/Services. In the event any such Personal/Sensitive Personal Data and/or Confidential Information is required to be used by the Company for any purpose not expressly set out herein post termination/consummation of the said transactions/Services as aforementioned, the same shall take place pursuant to obtaining prior consent from the Customer in this regard.

The Company shall at all times have appropriate technical and organizational measures in place to:

• prevent unauthorized or unlawful processing of any Personal/Sensitive Personal Data/Confidential Information;
• protect any Personal/Sensitive Personal Data/Confidential Information against accidental loss, destruction or damage;
• ensure the reliability of its employees/contractor having access to the Personal/Sensitive Personal Data/Confidential Information;

The Company shall comply with all applicable laws, including without limitation, the Data Protection Laws to safeguard the Personal/Sensitive Personal Data /Confidential Information. For the purposes of this clause, Personal Data shall mean the information related to the Customer, including their personally identifiable information and sensitive personal information (as envisaged under the Information Technology Act, 2008, and the rules made thereunder, each as amended from time to time as defined in the Privacy Policy of the Platform.

LIMITATION OF LIABILITY

The Company, its, employees, agents, associates and Affiliates, will not be liable with respect to any subject matter relating to the Terms of Use under any law of contract or torts, or on account of negligence, strict liability or other legal or equitable rights for:

• any special or consequential damages;
• for interruption of use;
• loss or corruption of data.

The Company shall not be liable or responsible for:

• any faulty operation of system during accessing of Platform or during the transmission/transfer of any data/information;
• any damage that occurs due to any information provided by the Customer but not being received by the Company or not being received promptly or appropriately, as a consequence of technical faults with the Platform (whether or not in the Company’s control);
• any Confidential Information of the Customer being used in any manner contrary to the provisions of the Terms of Use, by any party;
• any loss or damage caused due to any bugs, viruses, worms, malware, spyware, or any similar program that may infect the Customer’s computer, software, data, or any other property caused by accessing or using the Platform or availing any Services, or from any emails, communication or attachment received from the Company /Platform;
• any failure to perform, or delay in performance of, any of the obligations or Services by the Company due to events outside reasonable control of the Company;

The Company is not responsible for any indirect losses including, without limitation, loss of income, business, profits, data or any injury to reputation, howsoever arising.

The Company is not responsible for any liability for any loss, costs or damage arising out of or in connection with the use of the Platform or the inability to use it or for any delay or failure in the performance of the Services on account of the Counterparty or due to any Force Majeure Event or any other circumstances beyond the control of the Company.

The User/Customer acknowledges and agrees that the Company aims to facilitate seamless data and transaction processing, and that the Company is not responsible for any failure of the Platform to store, transfer or delete data or for the corruption or loss of any data, information, or content uploaded therein. The accessing, and handling of any data uploaded by the User/Customer on the Platform shall be the sole responsibility, and at the sole risk, of the Customer.

TRANSFER OF RIGHTS

The Terms of Use are binding on the User/Customer, its successors and permitted assigns. It may not transfer, assign, charge or otherwise dispose of any of its rights, benefits, liabilities, or obligations hereunder without the prior written consent of the the Company.

However, the Company may transfer, assign, sub-contract or otherwise dispose of any of its rights, benefits, liabilities, or obligations under the Terms of Use, at any time, or may involve or appoint any third party to satisfy its obligations, without any necessity to notify the User/Customer.

SECURITY OF DATA

All facilities used to store data and process the transaction will adhere to reasonable security standards, which will be at par with the security standards adopted by the Company for processing and storing its own information of a similar nature. The Company has implemented industry-standard systems and procedures to ensure the security and confidentiality of a transaction and its related data, protect the Customer against anticipated threats or breaches to the security or integrity of a transaction and its related data, and protect the Customer against unauthorized access to its data.

The User/Customer further acknowledges and agrees that it has granted the Company the permission as well as the non-exclusive right to store and transfer its data, as part of the Services.

The Company reserves the right to perform statistical analysis of the activity on Platform in order to measure interests in the various sections of the Platform for the purpose of product and Service development. Any non-personal information such as internet domain, host names, IP addresses, clickstream patterns, and the dates and times on which Platform is accessed may be recorded for the purpose of analysis. The analytical data collected is for internal use only.

INTELLECTUAL PROPERTY

The Platform and the arrangement and processes thereof, including, but not limited to, all text, graphics, user interfaces, visual interfaces, and the computer code, source code, and object code is owned by the Company, and the design, structure, and arrangement thereof is protected under copyright, patent and trademark laws, and all other applicable intellectual property rules, regulations and guidelines, and that the Visitor/User/Customer shall not use the aforesaid without the prior written consent of the Company.

The trademarks, logos and marks displayed on the Platform are the property of the Company. The Visitor/User/Customer shall not use any trademarks, logos and marks not belonging to it, without the prior consent of the Company.

Intellectual Property Right in any and/or all content posted on the Platform shall at all times vest with the Company, and any reproduction, transmission, commercial use of any or all the material thereof is strictly prohibited, and the Company reserves the right to take appropriate legal action for the same before the competent courts, if necessary.

In the event the Visitor/User/Customer infringes or attempts to infringe the copyrights or other intellectual property rights of the Company, the Company may, in its sole discretion, deny the Visitor/User/Customer access to and use of the Platform.

The Visitor/User/Customer agrees and undertakes not to upload, post, disseminate, reproduce, or distribute any content on the Platform, either belonging to the Company or to any third party, without obtaining written consent from the person/entity in whom the rights to such content are vesting. Any unauthorized dissemination, use, distribution or reproduction of any proprietary content confers upon the holders/owners of such rights to pursue appropriate legal action against you before the competent court, and/or any other legal remedy, as the case may be. No content/information/post on the Platform shall in any way be construed to grant any user, any right to use any proprietary information or intellectual property of the Company without obtaining written permission for the same.

The Visitor/User/Customer agrees and understands that that any breach of this clause, or of these Terms of Use, by the Customer would cause irreparable damage to the Company, and the Company therefore, reserves the right to seek injunctive relief against the Customer, in addition to other remedies available in law and equity, before the competent court/legal forums.

TAXES

The Customer shall be responsible for identifying and paying all taxes, duties, cess and other fees and charges (and any penalties, interest, and other additions thereon) that are payable by the Customer with respect to the transactions through the Platform.

The Company will not be liable to pay any taxes which are payable by the Customer to any governmental authority for any such transaction.

MODIFICATION OF TERMS OF USE

The Visitor/User/Customer acknowledges and agrees that the Company has the right to revise, modify, amend or discontinue any of the Terms of Use from time to time, including, without limitation, to reflect, inter-alia, changes in market conditions, technology, requirements, laws, etc., and The Company shall not be obligated to obtain any approval/consent of the Visitor/User/Customer on the revised Terms of Use. The Visitor/User/Customer is deemed to be aware of the latest Terms of Use and the use of Platform and the availing of the Services is subject to the most current version of the Terms of Use available on the Platform at the time of such use. The use of Platform and Services subsequent to any modification in the Terms of Use will constitute the Visitor/User/Customer’s acceptance of the modification.

COMMUNICATION

Your acceptance of these Terms shall also include your acceptance towards any news, updates, offer/campaign-related SMSs, to the contact number provided by you. By accessing, registering on the Platform, and thereby verifying your contact number for the same, and subsequently using the Platform, you thereby explicitly consent to receiving such communications from us through phone call, SMS, e-mail, or any other digital or electronic media from us, or any of our authorized personnel/representatives regarding any new products, services and offers.

You may, at any time, exercise your right to unsubscribe/opt-out of receiving any marketing/promotional communications, newsletters, SMSs, e-mails or any other such notifications from us at any time by referring to and following the instructions contained in such communications.

You agree to cooperate with the Company, as and when we reach out to you through phone call, SMS, e-mail or any other medium of communication, for the following purposes:

Obtaining feedback/reviews with respect to the Platform.

Resolving complaints/grievances raised by you with respect to your use of the Platform.

DISCLAIMER

All the information provided on the Platform is subject to the condition that you make an independent determination regarding the accuracy, correctness, usefulness, and suitability, prior to using the same, and the Company assumes no responsibility/liability for accuracy, correctness, usefulness, and suitability of the said information. Further, the Company shall not be responsible in any manner, for the data provided, stored, or managed by you on the Platform.

The information on the Platform may contain inaccuracies or typographical errors. While the Company shall make its best efforts to ensure that all the information on the Platform is correct and accurate, it makes no warranties or representations with respect to the accuracy, quality, and correctness of the said information.

The entire information on the Platform is provided on ‘as is’ basis, without any warranty or guarantee of any kind, including but limited to the implied warranties of merchantability and suitability for a certain purpose, title, non-infringement, accuracy or security.

LIMITATION OF LIABILITY

The Company makes no warranty, express or implied, with respect to the Platform, its Services or its contents, and assumes no liability or responsibility whatsoever, for any losses/damages, direct or indirect, suffered by you or any other user, on account of using the information on the Platform, availing of any Services or acting on the basis of any suggestion made, or opinion given by the Company on the Platform.

You agree that the Company shall not under any circumstances be liable for any direct, indirect, punitive, incidental, special, or consequential, or any other form of damages resulting from (i) your use or inability to use or access the Platform, (ii) any unauthorized access/use/alteration of your data, or (iii) any other matter, including but not limited to damages for loss of data, loss of profit, arising out of your use of the Platform.

You agree that any data or material which is downloaded or otherwise obtained by you through the Platform, is done at your sole discretion, and you will be solely responsible for any damage to your computer/device systems or loss of data resulting from such downloads.

INDEMNIFICATION

The Visitor/User/Customer hereby agrees to indemnify and hold harmless the Company (including its directors, employees, representatives, agents, and affiliates) from time to time, against any and all losses, liabilities, obligations, damages, judgments, costs, expenses (including, without limitation, advisors’ fees), claims, fines, penalties, proceedings, actions or demands, of any kind or nature incurred by the Company/caused to the Company on account of Visitor/User/Customer’s use of the Platform or the Services, including but not limited to, the violation of the Terms of Use.

GOVERNING LAW AND JURISDICTION

These Terms of Use are governed and construed in accordance with the laws of India and the Customer hereby submits themselves to the exclusive jurisdiction of courts and tribunals at Surat, Gujarat, India. The Visitor/User/Customer irrevocably waives any objection it may have now or in the future to the choice of courts and tribunal of Surat, Gujarat, India as an inconvenient forum.

DISPUTE RESOLUTION

All disputes arising out of or in relation to this Agreement shall be settled amicably by the Parties within a period of 30 (thirty) days from the date of the first initiation of the dispute. In the event no amicable settlement is arrived at within a period of thirty days from the date of first initiation of the dispute by one Party to other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator appointed by the Company. The arbitration proceedings shall be conducted in English or Hindi or Gujarati language only and the venue for arbitration shall be Surat, Gujarat, India. The award of the arbitral tribunal shall be final and binding on the Parties.

SEVERABILITY

Every provision contained in these Terms of Use shall be severable and distinct from every other provision and if, at any time, any one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not be, in any manner, affected or impaired thereby.

WAIVERS

Neither the failure to exercise nor any delay in exercising any right, power, privilege or remedy under these Terms of Use shall, in any way, impair or affect the exercise thereof or operate as a waiver thereof, in whole or in part. No single or partial exercise of any right, power, or privilege under these Terms of Use shall prevent the exercise of any other right, power, privilege or remedy under these Terms of Use.

CONTACT INFORMATION

Please feel free to contact us if you have any questions about our Terms of Use or the information practices of the Services, on the below mentioned details:

• Name: Kriam Health
• Email Address: contact@kriamhealth.com
• Contact Number: +91-2614040544
• Office Address: 112, Kasa Nagar Road, Katargam, Surat, Gujarat-395004