By subscribing to our Niramaya Ayurgramam Services, you (“Subscriber” or “you”) signify that you have read, understood and agreed to be bound by the terms of service set out herein below (“Terms of Service”) and all applicable law. If you do not agree with these terms of Service or if you are not competent to enter into a contract under the laws of India, please do not avail of the Niramaya Ayurgramam Services. For the purposes hereof,  subscriber shall mean and include any individual registering or subscribing to Niramaya Ayurgramam Services, whether for consideration or otherwise (as specifically agreed in writing), including dependents of a Subscriber, if Niramaya Ayurgramam Services are extended to more than 1 (one) beneficiary or individual, and these Terms of Service shall extended to each such individual.

1. SCOPE

You shall subscribe to the Niramaya Ayurgramam Services (“Subscription”) against payment of the stipulated Fees, as agreed in writing between you and Niramaya Ayurgramam. Upon such payment, you shall be provided Niramaya Ayurgramam Services to the extent and for a period as mutually agreed between you and Niramaya Ayurgramam.

The Subscriber may avail of any additional service(s) from Niramaya Ayurgramam (“Additional Services”, upon payment of the requisite Fee.

Niramaya Ayurgramam reserves the right to modify the Fee, scope of the Niramaya Ayurgramam Services/Additional Services and/or suspend or discontinue the Niramaya Ayurgramam Services/Additional Services (or any part thereof), at any time, at its sole discretion, unless agreed to otherwise, in writing.

1. PAYMENT TERMS

The fees applicable for availing the Niramaya Ayurgramam Services and/or Additional Services shall be set out in relevant agreement in writing or may be communicated by Niramaya Ayurgramam to the Subscriber at the time of Subscription (“Fees”).

The Fees are exclusive of any and all applicable taxes, which shall be borne by you at actuals.

TERMS OF USE

Niramaya Ayurgramam does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.

Niramaya Ayurgramam Services are not intended to be used in emergency circumstances. If you believe there is an emergency or that someone needs immediate medical assistance, kindly visit a nearby hospital for assistance.

Niramaya Ayurgramam Services are valid only for Subscribers from all over the world.

Niramaya Ayurgramam and its representatives may, at its sole discretion and professional judgment, determine that Niramaya Ayurgramam Services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide Niramaya Ayurgramam Services to you through Niramaya Ayurgramam’s website, app or phone.

Any benefit offered by Niramaya Ayurgramam may be issued in such manner and form, whether paper, electronic or otherwise, as deemed fit by Niramaya Ayurgramam. The right to utilize the benefit shall vest with an active Subscriber, subject to a condition that the benefit is utilized before its expiry date.

Coupons / voucher /benefits / offers issued to you by Niramaya Ayurgramam as part of the Niramaya Ayurgramam Services shall under no circumstances be redeemable for cash or any other monetary consideration at any time.

Persons below the age of 18 (eighteen) years shall use the Niramaya Ayurgramam Service only under strict guidance and supervision of their parents/guardians.

The Niramaya Ayurgramam Services may not be available in all circumstances and any quoted prices are subject to change without notice.

Your subscription is effective immediately upon your enrollment with Niramaya Ayurgramam, subject to receipt of payment, if any, and shall continue as per the subscription tenure, unless cancelled by you or Niramaya Ayurgramam. Subscription may be cancelled by providing 30 (thirty) days’ prior written notice to us via e-mail at info@Niramaya Ayurgramam.com or by phone to 8278333111

REFUND QUERIES. For all refund related queries, you may contact us at 8278333111 or email us at info@niramaya Ayurgramam.com

Niramaya Ayurgramam further reserves its right to modify /suspend any or all Niramaya Ayurgramam Services / membership benefits, all or certain aspects of the Niramaya Ayurgramam Services in certain geographical areas, either temporarily or permanently at our sole discretion without prior notice.

Niramaya Ayurgramam reserves the right to update or modify the Terms of Service at any time without prior notice. Your access and use of the website and app following any such change constitutes your deemed acceptance to be bound by the Terms of Service, as updated or modified from time to time. For this reason, we request you to review the Terms of Service each time you access and use Niramaya Ayurgramam Services.

1. USE BY SUBSCRIBER

USE AND MISUSE. You will be solely responsible for all the activities that are carried out in your name and registered membership. You are responsible for providing accurate and correct information pertaining to you and for updating such information from time to time.

You shall maintain confidentiality and secure your login details of your Niramaya Ayurgramam account including display name and password. If you know or have any reason to believe that your account is being used in an unauthorized manner, you should inform us immediately.

MEDICAL INFORMATION. The Niramaya Ayurgramam app and website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only. You should not disregard or delay seeking medical advice based on any information that is provided in the website or app.

You will not intentionally use the Niramaya Ayurgramam Services in any way that harms Niramaya Ayurgramam, its directors, employees, affiliates, distributors, partners, service providers and/or any User.

In the event it is found that you breached or are likely to breach the Terms of Service, Niramaya Ayurgramam reserves the right at its sole discretion to suspend and / or terminate your access to and use of Niramaya Ayurgramam Services with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounded for suspending and / or terminating your access to and use of Niramaya Ayurgramam Services. Upon suspension or termination, your right to use the features on the Niramaya Ayurgramam website and app as well as to utilize the product/coupon/voucher/package shall immediately cease. Niramaya Ayurgramam shall not be liable to you or any third party for any refund of the membership Fees or claims or damages arising out of any suspension or termination of your access to and use of Niramaya Ayurgramam Services or any other actions taken by Niramaya Ayurgramam in connection with such suspension or termination. It is clarified that the foregoing right shall be in addition to and without prejudice to Niramaya Ayurgramam’s rights available under law and equity.

As part of your registration process as well as in the course of providing the Niramaya Ayurgramam Service to you, you may receive SMS or email or Whatsapp messages from Niramaya Ayurgramam or its third party service provider / platform on your registered mobile number and/or email ID. These messages will relate to a new membership/package purchased on Niramaya Ayurgramam platform, appointments, reminders to use your health benefit, new product offers, educational content, status updates and/or transactions that you carry out through Niramaya Ayurgramam. You hereby consent to receive such messages from Niramaya Ayurgramam and any third party service providers/platforms. Niramaya Ayurgramam will send these messages only to the registered mobile number or email ID or Whatsapp number. It is your responsibility to ensure that you provide the correct number and email ID for the transaction you wish to enter into.

We encourage you to independently verify any information you see on the Niramaya Ayurgramam platform. You will use the Niramaya Ayurgramam features provided by it only in relation to and in compliance with all applicable Indian laws. You will not use this website and app or any feature provided by the website and app for any purposes not intended under this Terms of Service.

Niramaya Ayurgramam allows you to avail video/phone consultation with its doctors and coordinates appointment for specialist consultation, treatment, diagnostic tests and medicines with third party healthcare providers in your vicinity. In no event, Niramaya Ayurgramam will take responsibility for the Niramaya Ayurgramam Services provided/sold to you by third party service providers.

By accepting the Terms of Services, you are authorizing Niramaya Ayurgramam to collect your medical records, reports, prescriptions and other documents from its third party service providers for the purpose of storing in electronic health records management system.

You agree that Niramaya Ayurgramam may record, save and store all tele-consultations / instant messaging chat consultations / text messages / audios & videos (only with the consentof the client) / transcripts / prescriptions / email and hard copy correspondences with you for record purposes and produce these as evidence if required before or directed by a court of law.

You may schedule an appointment on Niramaya Ayurgramam for your family members and friends. However please note that you will be solely responsible for any activity that is undertaken through your account on behalf of your family members and friends.

You have the option of uploading via e-mail etc your identifiable health information including physical, physiological and mental health condition, and medical records, reports, prescription and history on the website and/or app. The health information stored in the website may be accessed by Niramaya Ayurgramam for providing Niramaya Ayurgramam Services, from time to time, effectively.

1. REPRESENTATIONS & WARRANTIES
   1. The Subscriber hereby represents, warrants and covenants that:

A:The Subscriber shall use and avail Niramaya Ayurgramam Services/Additional Services only for the purpose of his/her personal use and in doing so, shall not violate any applicable laws and regulations;

B: The Subscriber shall observe and adhere to prevalent moral standards, ethics and follow Niramaya Ayurgramam’s standard practices to ensure safety, while availing of the Niramaya Ayurgramam Services and/or Additional Services; and

C: The Subscriber shall not assign his/her Subscription to third parties.

6. INDEMNITY

(a)The Subscriber shall indemnify Niramaya Ayurgramam , its directors, employees, vendors and agents from and against any claims, expenses, liabilities, penalties, costs, losses or damages (including reasonable attorneys’ fees) made against or suffered by them on account of any act or omission committed by the Subscriber, including but not limited to: (a) breach of any representations, warranties or covenants set forth herein; (b) violation of any applicable laws or regulations; and/or (d) an act of negligence or wilful misconduct on the part of the Subscriber while availing of the Niramaya Ayurgramam Services and/or Additional Services.

(c)In the event fee for the Niramaya Ayurgramam Services rendered to you is remitted by a third party to Niramaya Ayurgramam, who is not the end beneficiary of Niramaya Ayurgramam Services, such third party shall (in addition to the Subscriber) indemnify Niramaya Ayurgramam for any default in payment of Fee. In addition to the foregoing, the third party shall be bound by these Terms of Service, to the extent applicable.

7. LIMITATION OF LIABILITY

(a)In any event and under all circumstances, whether contract, tort, or otherwise and notwithstanding anything to the contrary herein, the liability of Niramaya Ayurgramam shall be limited to the amounts paid by you for Niramaya Ayurgramam Services rendered in the preceding month of claim, unless agreed to otherwise, in writing.

(b)In no event shall Niramaya Ayurgramam be held responsible, for breach of any services rendered by others to you, including but not limited marketing and distribution services with respect to the Niramaya Ayurgramam Services. All claims arising from provision of such related and ancillary services are explicitly disowned by Niramaya Ayurgramam.

(c)In no event shall either party hereto be liable to the other for any loss whether indirect, consequential or incidental, arising out of or in connection with the provision/availing of Niramaya Ayurgramam Services under these Terms of Service, even if advised of the possibility of the same.

8. DISCLAIMER

(a)Niramaya Ayurgramam Services are provided on “as is” basis, without any representations or warranties about the suitability, reliability, availability, timeliness, security or accuracy of the data, general medical information and treatment available on Niramaya Ayurgramam platform and Niramaya Ayurgramam Services, for any purpose. No oral or written information or advice given by either Niramaya Ayurgramam or its authorized representatives shall create a warranty nor in any way increase the scope of this warranty.

(b)Niramaya Ayurgramam assumes no liability for diagnosis or advice rendered on the basis of any inaccurate or incomplete data that you upload on Niramaya Ayurgramam platform or otherwise provide to us. The Niramaya Ayurgramam Services provided through the Niramaya Ayurgramam online platform is not intended to be a substitute for face to face consultation with a doctor, if you are in an emergency. You are required to make an independent assessment in respect of the accuracy, usefulness or suitability of Niramaya Ayurgramam Services prior to making any decision in reliance of such advice and Niramaya Ayurgramam shall not be liable for any claims arising therefrom.

(c)Niramaya Ayurgramam shall not be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the Niramaya Ayurgramam Services, any coupon issued to you or any of the benefits available there under, which includes but is not limited to the misinterpretation of the advice given by any representatives or third party vendors of Niramaya Ayurgramam to you.

(d)Further, Niramaya Ayurgramam does not recommend or endorse any specific third-party consultant or make any representations or warranties with respect to quality of the healthcare services that they may provide.

9. INTELLECTUAL PROPERTY RIGHTS

(a) Niramaya Ayurgramam owns or has rights to all worldwide intellectual property rights in and to the Niramaya Ayurgramam platform (including all derivatives or improvements thereof), the Niramaya Ayurgramam Services as well as all medical records and documents prepared by Niramaya Ayurgramam during the course of performance of the Niramaya Ayurgramam Services. All suggestions, enhancement requests, feedback, recommendations or other inputs that you provide, relating to the Services shall be owned by Niramaya Ayurgramam.

(b) Removing or altering the copyright notice on any material that appears in this website is strictly prohibited. Nothing contained in this website should be construed as granting any license or other right to you without the express written permission of Niramaya Ayurgramam except as provided herein.

(c) Niramaya Ayurgramam grants limited, revocable, non-transferable and non-exclusive license limited solely to viewing, accessing or downloading any content limited to availing the Niramaya Ayurgramam Services from us for personal or non-commercial purposes only. All information contained in or accessed through this website is protected under copyright, trademark, design, and patent laws and your usage is limited to the extent of browsing or availing Niramaya Ayurgramam Services by accessing our integrated platform and no further.

(d) Any act or attempt of using the software beyond your limited access including: (i) copy the Niramaya Ayurgramam platform, or any portion thereof or develop a software and/or platform with similar features or configurations; (ii) decompile, disassemble or reverse engineer the Niramaya Ayurgramam platform; or (iii) use the Niramaya Ayurgramam platform or the Niramaya Ayurgramam Services for purposes other than those permitted herein, will be considered as a violation of the Terms of Services herein and Niramaya Ayurgramam reserves its rights to take appropriate action against you for such acts or usage.

10. TERM & TERMINATION

(a) These Terms of Service shall be valid with respect to individual Subscriber from the date of Subscription until expiry or termination of the same. The term of Subscription may be extended for an additional period, upon payment of the applicable Fee.

(b)Either Niramaya Ayurgramam or the Subscriber may terminate the Subscription at any time, by giving 30 (thirty) days’ prior written notice to the other party, unless otherwise agreed in writing. Niramaya Ayurgramam shall have the right to terminate the subscription with immediate effect in the event the Subscriber breaches one or more of the terms of these Terms of Service and fails to cure such breach within 15 (fifteen) days of receipt of a written notice to that effect.

(c) Upon expiry or earlier termination of the Subscription, for any reason, Subscriber shall (i) immediately cease to have access to Niramaya Ayurgramam Services; and (ii) pay all outstanding Fees and other amounts due.

(d) Expiry or earlier termination of Subscription shall not prejudice any rights of Niramaya Ayurgramam or Subscriber that may have accrued prior thereto. Any provision of these terms of Service, which by its nature is meant to survive the expiry or earlier termination of subscription (including but not limited to, provisions pertaining to the protection of confidential information) shall continue to be binding upon the Subscriber.

11. MISCELLANEOUS

(a) CONFIDENTIALITY: Any proprietary or non-public information of Niramaya Ayurgramam, whether written, oral or visual, disclosed to or which comes into the possession or knowledge of the Subscriber in connection with these Terms of Service, shall be treated as confidential and not be disclosed to others, without prior written permission of Niramaya Ayurgramam.

(b) ELECTRONIC RECORD. This Terms of Service is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. This Terms of Services is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Agreement for access or usage of Niramaya Ayurgramam telemedicine platform.

(c)FORCE MAJEURE. Niramaya Ayurgramam shall be not liable for any failure or delay in providing its services under these Terms of Service, if it is due to force majeure events that are beyond the reasonable control of a party, including but not limited to the acts of god, uncontrollable technical glitches, ransom ware, cyber terrorism, internet disconnection by governmental authority, cyber-attack, strikes, acts of terrorism, burglary, hijacking, robbery, epidemic, pandemic, riots, political disturbances, invasion, fire, floods, tsunami or events beyond its reasonable control. The affected party shall convey the complete details of any force majeure event to the other party as early as reasonably possible, which in any case shall not be later than seven (7) days from its occurrence. Both parties will use reasonable efforts to mitigate the effect of a force majeure event.

ASSIGNMENT:Usage of the website is for your limited personal purpose and is not transferable or assignable. However, Niramaya Ayurgramam reserves its rights to assign or transfer or subcontract its obligations or rights to its successors, affiliates, associates or any entity through contractual understanding or by operation of law or acquiring all or substantially all the assets of Niramaya Ayurgramam.

NOTICE. Any notice in connection with these Terms of Service must be in writing and sent by e-mail to info @Niramaya Ayurgramam.com. and via registered post to the address -Niramaya Ayurgramam, Iringannur, Kozhikode, Kerala, 673505

C.INDEPENDENT CONTRACTOR. These Terms of Service are on a principal to principal bTsis and nothing herein contained shall be construed or interpreted as constituting Subscriber hereto the agent, employee or representative of Niramaya Ayurgramam, under any circumstance.

D.WAIVER. Either party’s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of any such rights unless given in writing.

E.ENTIRE AGREEMENT. These Terms of Service (including the documents, links and annexures referred to herein) constitute the entire agreement between the parties, with respect to the subject matter hereof and supersede all prior proposals, contemporaneous communications and understandings, written or oral, relating to its subject matter.

F.SEVERABILITY. If any terms contained in these Terms of Service are held to be invalid or unenforceable, the validity of the remaining provisions shall not be affected and the reminder of Terms of Service shall continue to be valid and binding on the parties.

G.GOVERNING LAW & JURISDICTION. The terms of Services shall be governed by and construed in accordance with the laws of India and the courts at Kerala shall have exclusive jurisdiction to try any dispute arising hereunder.