Terms and Conditions

The Agreement applies to you whether you are –

• A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website/Mobile App, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)", "you" or "User"); or
• A patient, his/her representatives or affiliates, searching for Practitioners through the Website/Mobile App ("End-User", "you" or "User"); or
• Otherwise a user of the Website/Mobile App ("you" or "User").

• For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website/Mobile App;
• For other Users: Facility to (i) Search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Ayurverse , and (ii) to make appointments with Practitioners.

The Services may change from time to time, at the sole discretion of Ayurverse , and the Agreement will apply to your visit to and your use of the Website/Mobile App to avail the Service, as well as to all information provided by you on the Website/Mobile App at any given point in time.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

• The Indian Contract Act, 1872
• The (Indian) Information Technology Act, 2000
• The rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules")

The relevant part of the amendment is as follows:

3.8.1. Consultation through Telemedicine by the Registered Medical Practitioner under the Indian Medical Council Act, 1956 shall be permissible in accordance with the Telemedicine Practice Guidelines contained in Appendix 5.

You must be 18 years of age or older to register, use the Services, or visit or use the Website/Mobile App in any manner. By registering, visiting and using the Website/Mobile App or accepting this Agreement, you represent and warrant to Ayurverse that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website/Mobile App and the Services available through the Website/Mobile App, and agree to and abide by this Agreement.

The term of this Agreement shall commence from the date of downloading the Application or registering on the Website and shall continue for as long as the User continues to access and/or use the Application or Website.

8.1 Information Sharing

By using this Website/Mobile App, you agree that any information shared by you with Ayurverse or with any Practitioner will be subject to our Privacy Policy.

8.2 Content Responsibility

You are solely responsible for the content that you choose to submit for publication on the Website/Mobile App, including any feedback, ratings, or reviews ("Critical Content") relating to Practitioners or other healthcare professionals.

The role of Ayurverse in publishing Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. Ayurverse disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an 'intermediary' under the said Act.

Ayurverse shall not be liable to pay any consideration to any User for republishing any content across any of its platforms.

8.3 Content Restrictions

Your publication of reviews and feedback on the Website/Mobile App is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website/Mobile App that:

• Infringes any third-party intellectual property or publicity or privacy rights, or
• Violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules

Ayurverse , at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms.

The terms in this Clause are applicable only to Practitioners:

9.1 Professional Qualifications

The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India.

9.2 Compliance and Care Standards

The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/services being rendered.

9.3 Professional Judgment

The Practitioner shall exercise proper discretion and not compromise on the quality of care and welfare of End-Users but within the intrinsic limits of telemedicine. The professional judgment of the Practitioner would be the guiding principle for all telemedicine consultations.

10.1 "As Is" Services

The Services provided by Ayurverse or any of its licensors or service providers are provided on an "as is" and "as available" basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).

10.2 No Warranties

Ayurverse does not provide or make any representation, warranty or guarantee, express or implied about the Website/Mobile App or the Services. Ayurverse does not guarantee the accuracy or completeness of any content or information provided by Users on the Website/Mobile App.

10.3 Limitation of Liability

To the fullest extent permitted by law, Ayurverse disclaims all liability arising out of the User's use or reliance upon the Website/Mobile App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website/Mobile App, or any opinion or suggestion given or expressed by Ayurverse or any User in relation to any User or services provided by such User.

Ayurverse shall not be responsible or liable for any breach of security or for any actions of any third parties or events due to unforeseen circumstances or for events that are beyond the reasonable control of Ayurverse and without its fault or negligence including but not limited to, acts of government, pandemics, epidemics, COVID-19, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.

12.1 Arbitration

Arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996 and the seat of such arbitration shall be in Chandigarh. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

12.2 Jurisdiction

Subject to the above Clause, the courts at Chandigarh shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/Mobile App or the Services or the information to which it gives access.

12.3 Injunctive Relief

Ayurverse is entitled to obtain ex-parte ad-interim injunction orders restraining the User to prevent any loss/anticipated loss either in material terms or in terms of intellectual property or causing damage/loss/harm to reputation/goodwill of the Company by the User, its representatives, associates or assignees.

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Ayurverse . Any consent by Ayurverse to, or a waiver by Ayurverse of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.