Terms & Condition
These Terms of Service regulate the use and access of the SAATH media form, media channel, mobile website and mobile applications related, linked, or otherwise connected thereto (collectively the “Platform”) owned and operated by Paramba Foundation. For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Paramba Foundation (hereinafter referred to as “Paramba”, “we”, “us”, or “our”) and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
AXA Francie Vie together with Sewa International an NGO whose mission is to serve humanity in distress, aid local communities, and promote volunteerism and envisions to provide healthcare services as a part of this CSR initiative, Paramba Foundation a not-for-profit organisation focused on designing and delivering health projects, more specifically of digital health and telemedicine in nature, and Axis Service Providers Ltd a provider of varied services including data services, enrolment, and investigative services, have commenced this CSR initiative to provide free of cost telemedicine services to the public as specified herein (collectively hereinafter referred to as the “Affiliates”).
Paramba provides internet healthcare resources to connect individuals with participating registered medical practitioners (the “Providers”) engaged by us in real time, via live video conferencing, telephone and/or secure messaging for the diagnosis and treatment of patients over the Internet, as well as providing other types of services including without limits verified Covid relief information (“Services”). Providers may record video conference consultations and Paramba may record telephone calls for quality purposes. Paramba itself does not provide any medical or Provider services. The Services mentioned herein are provided free of cost to you
4.1 To use our Platform, you must:
- 4.1.1 Be at least of age the age of majority and not disqualified from entering into contracts under any law;
- 4.1.2 complete the registration process;
- 4.1.3 agree to our Terms; and
- 4.1.4 provide true, complete, and up to date legal and contact information
- 4.1.5 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
- 4.1.6 By using Platform, you represent and warrant that you will use Platform only for non-commercial purposes.
- 4.1.7 By using Platform, you represent and warrant that you meet all the requirements listed above and that you will not use Platform in a way that violates any laws or regulations. Paramba may refuse Service, close Accounts of any users, and change eligibility requirements at any time.
- 4.1.8 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.
The actions in this Section shall be in addition to and without prejudice to all our additional legal remedies.
To provide you with the Platform as mentioned in these Terms it is required that we collect your basic information which may include your name, date of birth, prescription, gender, email id, address, phone number, name of Provider who provides you their Services and prescribes treatment/ medicine, and such other details as may be required from time to time (if applicable) (“Personal Data”). You agree that your Personal Data is collected by us through your consent.
You understand and agree that your personal information, health records, shall reside with us and shall be used for purposes in our discretion as specified in our Terms and shared with third parties.
You understand that, we may sometimes contact you or record all your calls/ interactions through other mediums or with us and/or placed through us for investigative purposes.
The Term begins as soon as you access the Platform and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” these Terms.
- 7.1To access the Platform, you need to register for a user account on the Platform (“Account”). For continuous access to our Platform, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
- 7.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
- 7.3You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.
- 7.4You must notify us immediately on our Platform of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Platform or through a request made on our Platform.
- 7.5 You understand and agree that by creating a user Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.
Subject to the Terms, Paramba gives you a limited, revocable, non- sublicensable, non-exclusive, and non-transferable license to the Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited without the prior express permission from Paramba to use, reproduce, modify, distribute, or store any Content for purposes other than using the Platform consistent with these Terms.
INTELLECTUAL PROPERTY RIGHTS
- 9.1The Platform contains Intellectual Property of Paramba and the Affiliates in the form of content, graphics, videos, audios, text, and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in this Terms of Service.
- 9.2You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of the Paramba or its Affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Paramba. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Paramba or its third- party suppliers, as the case may be.
- 9.3You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Platform (“Content”). You grant us a non-exclusive, worldwide, royalty-free, and fully paid license to use the Content, as necessary, for purposes of providing the Platform to you and other users of the Platform. All rights in and to the Content not expressly granted to us in these Terms are reserved by you.
- 9.4You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of Paramba and you hereby irrevocably transfer and assign to Paramba such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
- 9.5It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided in section 21.
The Platform provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource. All information available on the Platform such as including without limits, any information directory for tracking health services providers/ institutions, diagnostic services, hospitals etc. are specified in accordance with the terms of this section and the warranty disclaimers as specified in section 13 “warranty disclaimer” shall apply.
We reserve the right to terminate your access to all or any part of the Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Platform. Any such termination shall immediately revoke the license granted under Section 8, and you shall effective immediately be prohibited from accessing or using the Platform or Content for any reason. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.
To the maximum extent permissible by applicable law, you hereby absolutely release Paramba and its Affiliates, the Providers, as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.
THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. Paramba, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM.
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our Affiliates and each of our Affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your Account or identity in the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.
LIMITATION OF LIABILITY
THE USE OF THE PLATFORM OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM. REMEDIES UNDER THESE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
COMPLIANCE OF APPLICABLE LAW
While communicating/ transacting with each other through the Platform, the Providers and users shall at all times ensure full compliance with the applicable provisions of the Indian Contract Act, 1872, Information Technology Act 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) Rules, 2020, etc as well as all other laws for the time being in force.
If you have any grievances in particular regarding issues in communications with the Providers, services offered by the Providers, issues with the Platform (“Grievances”), you may contact our designated grievance office at: Mr. Rajesh Parmar on firstname.lastname@example.org
We will strive to acknowledge your Grievances within 48 hours.
The grievance officer shall try to resolve your Grievances as soon as possible within 30 days commencing from when we receive your Grievances. Notwithstanding the foregoing, Grievances shall not include complaints which are non-specific or incomplete, suggestions, or queries regarding explanations and seeking guidance. If your Grievances are not resolved within the stipulated time, you may avail remedies available to you in line with section 18 “Governing Law and Dispute Resolution” subject to compliance with this section and section 16 “Compliance of Applicable Laws”.
With respect to all queries regarding subjects not Grievances, please contact us using the contact information provided below in this document and we will strive to contact you as soon as possible.
GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of the India applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts located at Ahmedabad, Gujarat with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be first settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be Ahmedabad, Gujarat. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at
- 20.1Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- 20.2 Relationship of the parties. You and Paramba are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship you nor any fiduciary duty.
- 20.3Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
- 20.4Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
- 20.520.5 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Term of Service. Notices to us shall be sent by email to email@example.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
- 20.6No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
- 20.7Interpretation. The headers are provided only to make this agreement easier to read and understand.
You may get in touch with us through our Platform or the address given below: firstname.lastname@example.org.