This User Agreement is between Arnam Impact Private Limited (the “Company”, “we”, “us”, or “our”) and you. The Company operates its websites, mobile applications, dashboard, chat interfaces and related digital tools (our “Platforms”) under the names OneMi, CancerMitr, OneMitr, and such other brands as may be introduced from time to time (collectively, the “Brands”).
By accessing our websites or mobile applications for healthcare, disease, medical or nutrition related information, facilitation, management, support, guidance, AI enabled Tools, chats, assistance or coordination with the third party healthcare providers (our “Services”), at your option, you agree to be bound by the terms of this Agreement and the terms and conditions. This Agreement governs the access and use of our Services through our Platforms by you i.e., our visitors, users, or customers (“Users“). If you do not agree with the terms contained in this Agreement or the Privacy Policy, you are not permitted to use this Site/ App. We will not be liable for any consequences arising from your unauthorized use.
We may revise these terms of use at any time by amending this page and the terms here of and the same shall be informed to you periodically and at least once a year. However, you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. All changes are effective as soon as we post them and by using the Platforms and availing of the Services thereafter, you agree to be bound by the revised terms and conditions of use. Your use of Platforms is subject to the most current version of the terms of use posted on the Platforms at the time of such use.
Summary of the Medical and Health Information Disclaimer
1. The Company operates technology-enabled healthcare facilitation Platforms under its Brands, which provide Users with access to clinical services, care programs, medical consultations, diagnostic coordination, and treatment support delivered by Registered Medical Practitioners and other duly qualified and licensed healthcare professionals attached or empanelled with the Company (“RMPs”) . All clinical services, including medical consultations, diagnosis, prescriptions, and treatment recommendations, are provided solely by such RMPs and healthcare providers, who are independently responsible for all clinical decisions, professional judgment, and standards of care in accordance with applicable laws and medical guidelines.
2. All information, content, and materials available on our Platforms (except as provided by RMPs as set out above) are provided for general informational purposes only and do not constitute medical advice, diagnosis, treatment, or recommendation. The Platform does not create a doctor–patient or healthcare professional relationship. We encourage Users to consult with a qualified medical practitioner before making any health-related decisions.
3. Our Platforms are not emergency medical services. In case of a medical emergency, users must immediately contact their healthcare provider, nearest hospital, or local emergency services. Our Platforms must not be relied upon for urgent or emergency medical needs.
4. Use of the Platforms and reliance on any information provided through it is entirely at the user’s own risk. The Company and its affiliates shall not be liable for any loss, injury, or damage arising from any action taken or not taken based on information available on the Platforms.
5. The Platforms may include information or links to third-party providers or websites. The Company does not endorse, verify, or guarantee the accuracy or reliability of any third-party content and assumes no responsibility for the same.
6. Any reference to healthcare providers, services, tests, treatments, or products does not constitute an endorsement or recommendation. Healthcare decisions should be made solely in consultation with qualified professionals.
1. ACCESS
1.1. Initial Access – Access is available to every User, however any feature displayed on the Platforms is provided by us on a temporary basis and for promotional purposes, and we reserve the right to:(i) withdraw or amend the promotional features that we provide on our Platforms; and/or (ii) restrict your access to some parts of our Platforms, without prior notice to you. We shall not be liable for exercising our right set forth hereunder.
1.2. Full Access – To access the Company and view full contents of the Platforms, you will need to register on the Platforms and you will be able to access after you create a “Registered User” account. In order to become a Registered User, you will be required to furnish certain information and details, including your name, mobile number, e-mail address, Age, residential address and any other information deemed necessary for registration. Once you complete your registration, the Platforms:
1.2.1. allows you to have full access and view contents on the Platforms;
1.2.2. allows us to contact you and vice versa, if necessary;
1.2.3. allows us to inform you of changes to the terms of use of the Platforms or describing new services that we enable on the Platforms; and
1.2.4. allows you to make use of the Services and other functionality that we may establish and maintain on the Platforms from time to time, subject to these terms and conditions.
1.3. Availing the Services – To access the Platforms/, you shall be required to register yourself and maintain an account as a Registered User with the Platforms, provide us with requisite information (depending on the service availed by you) and make requisite payment in that regard (as defined hereinbelow).
2. PAYMENT
2.1. Most Services made available to you are subject to the payment of consideration (“Consideration”), which shall vary depending on the type of Service being availed by you and the cost associated in providing the Services to you. Services requiring payment are always clearly indicated. If you elect to use paid aspects of the Platforms, you agree to the terms of sale, pricing, payment mechanism, and billing process applicable to such Consideration.
2.2. The Consideration payable (which includes GST) can be found on Platforms.
2.3. We accept payment by credit card, debit card, net banking and/or other modes of payment accepted by our payment gateway service provider Razorpay. Payment details shall be collected by the payment gateway service provider by using a secure financial data collection mechanism authorised by the Reserve Bank of India.
2.4. Once the Consideration has been paid for, you agree that such payment is non-refundable post the cancellation window.
3. REPRESENTATIONS AND WARRANTIES
By using the Services and completing the registration process, you represent and warrant that: (a) all the information provided by you at the time of registering is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto shall be regularly updated; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into, abide by and comply with this Agreement, if not, you have consulted with your parent, guardian or legally authorised representative, who are bound on your behalf to these terms by the your use of our Platforms; (d) you are competent in accordance with applicable laws to enter into a binding contract and are not a person barred from using the Platforms and/or receiving the Services under applicable laws; and (e) you are entitled to use the Platforms in compliance with applicable national and international laws. We shall not be liable for any events arising as a consequence of any inaccurate/untrue representation provided by you on the Platforms.
4. TERMS OF USE
4.1. Company grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Platforms in any medium or in any manner whatsoever without Company’s explicit authorization in this regard; and (ii) you will otherwise comply with the terms and conditions of this Agreement.
4.2. Upon completing the registration process, you will be provided with a username, password, or any other piece of authentication information, as may be required by our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. Company has the right to disable any username/account, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify the Company of any unauthorized use of your password or username, by sending details of such unauthorized use to tech@cancermitr.com.
4.3. You are responsible for making all arrangements (hardware, software, etc.) necessary for you to have access to our Platforms and, thereby the Company. You are also responsible for ensuring that any persons who access our Platforms and, thereby the Company through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to the Company for all activities that take place or occur under your account from your devices. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
4.4. Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload/post material, content, information, news, feedback, comments, questions, data, documents, pictures, and other information on the Platforms, you must ensure that all information, documents, reports, images, feedback, or content uploaded by the User (“User Material”) must not violate the following standards i.e., must not:
4.4.1. belong to another person and contain any information that breaches his privacy
4.4.2. be defamatory, obscene, offensive, pornographic, hateful, harmful, insulting or harassing on the basis of gender, defamatory, vulgar, lewd, blasphemous, lascivious, invasive of another’s privacy (including bodily privacy), racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or violating laws of any jurisdiction in force (including data protection laws)
4.4.3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
4.4.4. infringe any intellectual property including copyright, database right or trademark of any other person
4.4.5. be in violation of any legal duty owed to a third party, terms of a contract or confidence
4.4.6. be likely to harass, upset, embarrass, alarm, or annoy any other person or be harmful to child/minors
4.4.7. impersonate any person, or misrepresent your identity or affiliation with any person
4.4.8. advocate, promote, incite any third party to commit, or assist any unlawful or criminal act
4.4.9. contain a statement which you know or believe, or have reasonable grounds for believing, that if published is likely to directly or indirectly encourage or induce others to commit, prepare or instigate such person to commit an act of terrorism
4.4.10. be such that it is known by you to be false, inaccurate, or misleading
4.4.11. contain any computer/software viruses, any computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource or other program for potentially damaging or limiting the functionality of any computer programs or files.
4.4.12. threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to another nation
4.4.13. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
4.5. When we consider that a breach of the User Material Standards (as stated above) has occurred or the terms of use under this Agreement has been breached, and we may take any action legally available, including all or any of the following actions:
4.5.1. we may at our discretion take down any such User Material immediately
4.5.2. immediate, temporary, or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Platforms
4.5.3. immediate, temporary, or permanent removal of any other User Material already posted on the Platforms, upon your failure to cure the breach that is brought to your notice
4.5.4. initiate legal proceedings against you seeking legal, injunctive, or other equitable remedy; and/or
4.5.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
4.6. By submitting User Material, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Material in any and all media or distribution methods (now known or later developed). You agree that others may use your User Material in the same way as any other content available through the Services. Other users of the Company may fork, tweak, and repurpose your User Material in accordance with these Terms. If you delete your account, your User Material may remain available through the Company. You understand that Services while performing the required technical steps to provide the Services to our other Users, may: (a) transmit or distribute your User Material over various public networks and in various media; and (b) make such changes to your User Material as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that the license provided by you shall permit the Company to take these actions. You confirm and warrant to the Company that you have all the rights, power, and authority necessary to grant the above license.
4.7. You shall not do any acts that breach the following terms of use of the Platforms, including but not limited to:
4.7.1. Distribute, download, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the information/content provided to you as part of the Services or the Platforms
4.7.2. Attempt to decompile, reverse engineer, or otherwise disassemble any Service or content provided to you as part of the Services or the Platforms
4.7.3. Attempt to copy any software provided to you as part of the Services or the Platforms and its source code, or attempt to decrypt any part of such software that is provided to you
4.7.4. Create any derivative work or version of any software/information/content provided by us in relation to or to facilitate the use of our Services or any content provided as part of the Services
4.7.5. Remove, from the Company or any content provided as part of the Company, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures, or any other like marks affixed to or embedded in the Company
4.7.6. Use the Company, it’s Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content
4.7.7. Use Company’s domain name or a domain name that is similar to Company’s domain name
4.7.8. Access or use of the Platforms in any manner that could damage, disable, overburden, or impair any of the Platforms’s servers or the networks connected to any of the servers on which the Platform is hosted
4.7.9. Access or attempt to access any content that you are not authorized to access by any means
4.7.10. Access the Platforms through any other means other than through the interface that is provided by us
4.7.11. Alter or modify any part of the Company/ content provided as a part of the Services; and
4.7.12. Disrupt or interfere with the security of, or otherwise cause harm to the Platforms, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers, or networks connected to or accessible through the Platforms or any affiliated linked sites.
4.8. Upon termination/suspension of your account, you will no longer be able to access your account or any User Material or data you have stored on the servers. All licenses granted to you by Company to you on the Platforms or the Services will automatically terminate.
4.9 AI-Enabled Tools
Company may use software features, algorithms, models, systems, or functionalities made available through the App that use artificial intelligence, machine learning, natural language processing, predictive analytics, or similar automated technologies to process user inputs, analyse data, generate insights, summaries, suggestions, classifications, or informational outputs (“AI-enabled Tools”) and automated systems for purposes including health information delivery, report extraction, navigation, analytics, and service optimization.
The User acknowledges that:
- AI tools do not diagnose illnesses, prescribe medicines, or interpret scans.
- AI-generated responses may be inaccurate, incomplete, or outdated.
- No medical or financial decision shall be taken solely based on AI-generated outputs.
- Users must consult a Registered Medical Practitioner before acting on any health-related information.
- Any reliance on outputs generated by AI-Enabled Tools is solely at the user’s own risk.
Use of AI-Enabled Tools available on the Platforms by the Users does not establish any doctor–patient, clinician–patient, or healthcare professional relationship, and all outputs are provided without any warranty as to accuracy, completeness, or suitability for any medical or health-related purpose.
5. PRIVACY POLICY AND YOUR PERSONAL INFORMATION
5.1. We collect some data when you register yourself as a ‘Registered User’ and/or avail of our Services. Such personal information is accorded an equitable treatment as per the terms of our Privacy Policy.
6. RIGHTS RESERVED BY THE COMPANY
6.1. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Company.
6.2. We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with the terms and conditions of this Agreement and/or the Privacy Policy.
6.3. We have the right to investigate and report to authorities for prosecution for the violations of the terms and conditions of this Agreement to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate the terms and conditions of this Agreement.
6.4. While we have no obligation to monitor your access to or your use of the Company/ content (or any feature or part of the Company), we have the right to do so for the purpose of operating the Platforms and providing the Services, to ensure your compliance with the terms and conditions of this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
6.5. Upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or its agency under clause (b) of sub-section (3) of section 79 of the Act, we will discontinue from hosting, storing or publishing any unlawful information and we will remove or disable access within 36 (thirty six) hours, to that information which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offense relating to the above, or any information which is prohibited under any law for the time being in force.
6.6. We also have the right to take down any User Material, upon receiving actual knowledge of the same from any grievanced third party or any governmental agency, which claims (and provides evidence, if required) that any User Material posted or uploaded by you to our Platforms constitutes a violation of their intellectual property rights, or of their right to privacy or the terms of use stipulated in Clause 4.7 above. However, we shall be entitled to, without vitiating the evidence in any manner, preserve such information and associated records for 180 (one hundred and eighty days) for investigation purposes, or for such a longer period as may be required by the court or by governmental agencies having jurisdiction over us.
6.7. Any information collected from you during registration shall be retained by us for a period of 180 (one hundred and eighty) days after any cancellation or withdrawal of his registration.
6.7.A Data Retention Clarification: Data retention periods stated herein are subject to Company’s Privacy Policy, medical record retention requirements, and applicable laws. Certain data may be retained beyond account closure for legal, regulatory, audit, or patient safety purposes.
6.7B: Personal, medical, sensitive and identification data obtained, accessed, reviewed or provided by Company or its hospitals, doctors, diagnostic centers, pharmacies, home-care agencies, insurers, or other third-party service providers empaneled with the Company (“Network Partners”) during your use of our services with your consent shall be deemed to have been obtained lawfully by Company for the purposes as authorised by you. Company shall follow all data protection laws applicable to it being the Digital Personal Data Protection Act, 2023 and the Information Technology Act 2000, and you acknowledge that some AI or cloud processing may be performed by third-party providers (e.g., OpenAI, Google, cloud hosting services). By availing our services, you acknowledge and accept such data collection, processing and sharing by Company’s solely for treatment facilitation and support.
6.8. We shall be entitled to report any cyber security incidents and share related information (including your User Materials, identity ,and/or Personal Information) with the court, governmental agencies having jurisdiction over us, and/or Indian Computer Emergency Response Team in accordance with the policies and procedures as mentioned in the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.
6.9. Subject to the receipt of a complaint/grievance from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any of the Company. Company may (but shall be under no obligation to) use tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
6.10. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the terms and conditions of this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Company, its Users and the public. Company shall not be responsible or liable for the exercise or non-exercise of its rights under the terms and conditions of this Agreement in this regard.
6.11. We reserve the right to introduce or change the prices of any and all Brands. Notice of such change may be provided at any time by posting the changes on the Platforms itself.
6.12. Company shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
7. DISCLAIMERS
7.1. You are solely responsible for your User Material that you upload, publish, display, link to or otherwise make available on the Platforms and representations that you make at the time of registration, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Material. Company will not review, distribute, or reference any such User Material, except as provided herein or in our Privacy Policy or as may be required by applicable law.
7.2. We hereby disclaim and exclude our liability for all action we may take in response to breaches the terms of this Agreement or the Privacy Policy due to your direct or indirect action/inaction. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
7.3. Medical Disclaimer: The Company is not a medical institution and does not practice medicine. Any health-related information, risk indicators, summaries, or guidance provided through the Platform, including through AI-enabled tools, care programs, or support personnel, is intended solely for informational and care-facilitation purposes and shall not be construed as medical advice, diagnosis, prescription, or treatment recommendation of any kind. Users must always seek the advice of a Registered Medical Practitioner (“RMP”) or other qualified healthcare professional with respect to any medical condition, symptoms, treatment decisions, or health-related concerns.
7.3A. Telemedicine Services: Any teleconsultation or remote medical service facilitated through the Platform shall be provided exclusively by Registered Medical Practitioners in compliance with the Telemedicine Practice Guidelines, 2020, and other applicable regulations issued by the Government of India or the National Medical Commission. Certain categories of medicines may require video consultation or in-person examination and medicines prohibited under applicable telemedicine regulations shall not be prescribed through teleconsultation.
7.4. It is also possible that your use of the Services will result in you receiving information regarding products, merchants, and links to sites of third parties selling the products requested by you. Company hereby disclaims any and all responsibility and liability associated with the same. You acknowledge and agree that Company is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources on our Platforms (if any), or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from our Platforms.
7.5. Your correspondence or business dealings with, or participation in promotions of, advertisers you found on the Platforms or through the Company, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or the vendors through the Platforms.
7.6. The Platforms may sometimes contain links to other websites or resources for your convenience to provide further information. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You shall not create a link to the Platforms from another website or document without the Company’s prior written consent.
7.7. The Platforms provides the Users with access to insurance-related information and related sources. Such information is provided on an “As Is Basis” and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of any information/content contained on the Platforms. We would not be responsible for any errors which might appear in (i) such information/content; (ii) information/content which is compiled from third party sources; or (iii) for any unavailability of such information.
7.8. Certain contents on the Platforms may contain opinions and views of third parties. The company shall not be responsible for such opinions or any claims resulting from them. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
7.9. Company has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features, content or functionality of the Platforms or the Services, as it deems fit at any time without any requirement of prior notice.
7.10. Some parts of the Platforms are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The company reserves the right at its sole discretion to remove, review, edit or delete any content. However, the Company will not be responsible or liable for any User Material or any content uploaded by Users directly on the Platforms, irrespective of whether we have certified any answer uploaded by the User. The company would not be responsible to verify whether such questions/answers or any material placed by any user contain infringing or unlawful materials or not.
7.11. Company may, based on any form of information provided by you at the time of access to the Platforms (including free download/trials) or at the time of registrations, and only if you provide such information, will contact you through messages, email and call, to give information about its Services as well as give you notifications on various important updates on the App, this Agreement and/or Privacy Policy and/or to seek permission for demonstration of its Services. You hereby expressly grant such permission to contact you through telephone, messages, e-mail and you will hold the Company indemnified against any liabilities arising out of financial penalties, damages, expenses in case your mobile number is registered with National Do Not Call Database (DNC). By registering yourself on the Platforms as a Registered User, you agree to make your contact details available to our employees, associates, and representatives so that you may be contacted for passing on important information and/or promotions.
7.11A Marketing Communication: Company shall send promotional or marketing communication only where separate and explicit consent has been obtained, and Users may opt out at any time.
Nothing in this Agreement shall override applicable telecom or consumer protection laws.
7.12. The company has made efforts to ensure that the personnel advising are educated, technically qualified, and trained in the field on which they are advising, in order to enable quality control. However, the Company makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behavior of any such personnel. Any feedback from the User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.
7.13. Access to certain elements of the Company may be subject to the provisions of this Agreement and fair usage policy. Company reserves the right to determine the criteria for the provision of various elements of Company to the different categories of Users based on its policies. Hence, subscription to the Company or registrations do not automatically entitle the User to any and all elements of Platforms/Services provided by Company. Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Platforms/Services. Company reserves the right to extend, cancel, discontinue, prematurely withdraw or modify any part of the Services at its discretion.
7.14. Company has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the Platforms/Services as it deems fit at any time without notice. Further, the Company has the right to amend the terms of this Agreement, from time to time, without prior notice to you. The company makes no commitment, express or implied, to maintain or continue any aspect of the Platforms. You agree that Company shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Platforms /Services.
7.15. You agree that your use of the Platforms/Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platforms/ Services are provided on an “As Is” and “As Available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing or usage of trade. Company shall use all reasonable endeavors to ensure that the Platforms/ Services are capable of being used in an uninterrupted manner but it does not guarantee or warrant that: (i) the Platforms/ Services will meet your specific requirements; (ii) the Platforms/ Services will be uninterrupted, timely, secure, or error-free; and (iii) the quality of any Company, content, information or other aspect availed, purchased or obtained by you through the Platforms will meet your expectations; and (iv) any errors in the Services/Platforms will be corrected by Company at its discretion.
7.16. You acknowledge that you have carefully read the terms and conditions of this Agreement and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of Company and its employees, directors and officers. Under the terms of this Agreement herein, you expressly agree to release and discharge Company and its employees, directors and officers from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against them in the form of indemnity, damages, tort claim or equity claim. For the avoidance of doubt, to the extent lawfully permitted, the release and waivers set out in this clause 7 above includes any action under the tort of negligence (whether such negligence is found in statute, common law or otherwise).
INTELLECTUAL PROPERTY
8.1. All rights, title, and interest in usage of the terms of this Platforms /Services, including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
8.2. All rights, title, and interest in and to the Platforms/Services are and will remain the exclusive property of Company and its licensors. Any use of this Platforms/Services, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited.
8.3. Except as expressly provided in these terms of use, no part of Company and no content, trademarks, data, statistics, independent research conducted and posted by Company may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including mirroring the same to any other computer, server, site, or other medium for publication or distribution of any for any commercial enterprise, without Company’s prior written consent.
8.4. By accepting the use of terms hereunder you agree that Company does not transfer/assign the title of the Platforms to you, and nothing in the terms and conditions of this Agreement shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you, we retain the full and complete right, title and interest to the Platforms, and all intellectual property, title and interest to the Platforms, and all intellectual rights therein. You shall not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Platforms in any manner which is contrary to this Agreement.
8.5. Any usage of the Platforms/Services, without the written authorization of Brands, shall be considered a breach of this Agreement, and you shall be required to indemnify Services for all liability incurred in this regard.
8.6. Subject to the terms of use set forth in this Agreement, Company grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Platforms solely for the purpose permitted i.e. posting User Material, using the Platforms/content to avail the Services.
INDEMNITY AND LIMITATION OF LIABILITY
9.1. Indemnity by User: You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(i) your access to or use of the Platforms, Platform, or Services;
(ii) your violation of any provision of this Agreement or applicable law;
(iii) your infringement of any third-party rights, including intellectual property, privacy, or proprietary rights; or
(iv) any claim that your User Material caused harm, loss, or damage to any person or entity.
9.2. Partner Responsibility and Indemnity: Network Partners and other partners listed or accessed through the Platform are independent third-party service providers. The Company does not control, supervise, or direct their professional or operational activities and shall not be responsible or liable for their acts or omissions. Any clinical negligence, malpractice, service deficiency, or harm arising from services provided by such Network Partners shall be the sole responsibility of the respective service provider. Such Network Partners shall indemnify and hold harmless the Company against any claims, losses, or damages arising from their services, as per their separate contractual arrangements with the Company.
This indemnification obligation shall survive termination or expiration of this Agreement and your use of the Platforms and Services.
9.3. The content/material displayed on our Platforms is provided without any guarantees, conditions, or warranties as to its accuracy. Brands is not liable for:
9.3.1. conditions, warranties, and other terms, which might otherwise be implied by statute, common law, or the law of equity;
9.3.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Company, Platforms or in connection with the use, inability to use, or results of the use of the Services or Platforms, any platforms linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data
loss of goodwill
wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.
9.3.3. Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Platforms to use the Services.
9.3.4. In the event of you breaching this Agreement, you agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. In such an event, the Company shall be entitled to obtain an injunction and/or other equitable remedy against such a breach from any court of competent jurisdiction. A company’s right to obtain such relief shall not limit its right to obtain other remedies.
FORCE MAJEURE
10.1. Company shall not be liable for any failure to perform or delay in performance of any of its obligations under this Agreement due to Force Majeure. For the purpose of this clause, “Force Majeure” shall mean fire, explosion, flood, earthquake, Act of God, act of terrorism, war, rebellion, riots, sabotage, strike, lockout, stoppage of work, aggravated epidemic, aggravated pandemic, quarantine situations, failure or diminishment of power, internet availability or other services not under the control of either of the Parties, governmental or military acts or orders or restrictions, terrorist attack, cyber-attack, power outage or any such events or circumstances which are wholly outside the control of the Brands and/or any party affected thereby.
10.2. The company will use all reasonable endeavours to mitigate the effect of Force Majeure. Should an event of Force Majeure continue for a period of longer than 45 (forty-five) consecutive days and Company is still unable to perform its obligation, then Company may terminate the arrangement with you under this Agreement upon notice to you without being liable for any compensations or claims.
10.3. Nothing contained in this Agreement should be used as an excuse to delay payment of any dues owed to any Party under this Agreement.
GOVERNING LAW
11.1. The jurisdictional court of Mumbai, India shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Platforms or the Services. In case you are from a different country, we retain the right to bring proceedings against you for breach of any of the terms and conditions of this Agreement in India or your country of residence, country of use or other relevant country. This Agreement shall be governed by and construed in accordance with the laws of India, and the courts at Mumbai, Maharashtra shall have exclusive jurisdiction.
11.2. Company accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Platforms can be accessed or used or any facility can be availed of in a country other than India will not imply that we have anything to do with your jurisdiction or its citizens or accede to the laws of such country.
MISCELLANEOUS
12.1. Notice: All notices, updates or changes to this Agreement and Privacy Policy served by Company shall be provided only via email registered with your account or as a general notification on the Platforms. If you are not registered with your email id, you will not receive such specific notice.
12.2. Entire Agreement: This Agreement along with the Privacy Policy, and any other notice/guidelines made applicable to the Platforms from time to time, shall constitute the entire agreement between Company and You with respect to your access to or use of the Platforms thereof.
12.3. Assignment: You cannot assign or otherwise transfer your obligations under this Agreement, or any right granted hereunder to any third party. Company’s rights under the Agreement are freely transferable by Brands to any third parties without the requirement of seeking your consent.
12.4. Waiver: No failure on the part of any Party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by Applicable Law.
12.5. Severability: In the event that any provision of this Agreement is determined to be invalid or unenforceable in any jurisdiction, the remaining provisions herein shall remain in full force and effect and shall be liberally construed so as to effectuate the purpose and intent of the parties as stated in this Agreement.
12.6. Relationship: The Parties expressly agree that nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant or employer and employee between the Parties hereto or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
Feedback:
13.1. Any feedback you provide with respect to the Platforms/Services shall be deemed to be non-confidential. The Platforms shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that: (i) Your feedback does not contain confidential or proprietary information of you or of third parties; (ii) Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Platforms/ Services may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
Grievance Redressal and Customer Care:
14.1. We make all best endeavors to provide you with a pleasant experience. If you have any questions about the Platforms/Services, please contact us at tech@cancermitr.com.
14.2. If you have any grievance against the Platforms/Services/ their contents/other user or their User Materials regarding violation of this Agreement, the Privacy Policy, terms of service or applicable law, you may make complaint against such violation to the following person
Name: Kalpesh Tambe
Address: Metro Station, Dipti Classic, B-302, Suren Road, Sir Mathuradas Vasanji Rd, off Sir, near Western Express Highway, Mumbai, Maharashtra 400093
Contact Number: 7718814799
Email id: tech@cancermitr.com / kalpesh@cancermitr.com
14.3. The Grievance Officer shall upon receipt of such complaint – (i) acknowledge the complaint within 24 (twenty-four) hours and dispose-off such complaint within a period of 15 (fifteen) days from the date of its receipt in the manner set-forth in Clause 4.5 hereinabove; (ii) seek/avail requisite advisory, order, notice or direction from the appropriate governmental agency, any competent authority or a court of competent jurisdiction; and/or (b) within 24 (twenty-four) hours from the receipt of a complaint/grievance from you or any person on your behalf, in relation to any content which is prima facie in the nature of any material which exposes your or any individual’s private area, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content. You can provide us with the requisite details of your grievance/the violation/ violative content or communication link, as may be necessary, to the email-id of the Grievance Officer.