Last Updated on:_____________________

This "Terms and Conditions of Use" constitutes an electronic record within the meaning of the applicable law/s as are amended from time to time and by using the Web Site i.e.________________ (“Site”) and or software application  i.e. _______________ for mobile and handheld devices (“Software”) herein after collectively referred to as "the platform", in any way or by availing any services from the independent service providers as are defined hereinafter and listed on the platform, you agree to be bound by following terms and conditions, which platform, is owned and controlled / operated by or on behalf of the Sarvam Medicare Private Limited:

We are:Sarvam Medicare Private Limited (“SarvHeal”)
Our address is: ___________________________

You are:

1. Doctors/ Medical practitioners / Health Care Services providers (“Doctors”), Druggists and Chemists Stores/Pharmaceutical Companies (“Pharmacies”), Radiologists/ Diagnostic labs (“Labs”), Surgical Equipments Seller/ Dealers (“Equipments Dealers”), whether individuals, organizations or institutions, who have registered with SarvHeal, and includes their affiliates and authorized personnel, Individual or any form of business organization engaged in selling, dealing and marketing of membership subscription plan of SarvHeal (Channel Partners) (hereinafter collectively referred to as “Service Providers”);
2. Any individual and or institution who/which has registered by providing the registration data & subscribed by paying the membership fees to the SarvHeal as is decided and notified from time to time, in order to purchase products or avail Services (“Subscribed Members”) or any individual and or institution who/which has registered by providing the registration data but not subscribed by paying the membership fees to the SarvHeal, however accessing the platform, in order to purchase products or availing the services as are offered without any cost for time period as decided by SarvHeal("Regular Member") jointly and collectively referred to as Members ; or
3. Users to the Website, who neither registers, nor avails/ subscribes but accesses the platform for whatsoever reasons (“Visitors”).

The Service Providers, Subscribed Members, Regular Members and Visitors shall also individually/collectively be referred to as the “Users”

Terms & Conditions of Use

1. Nature, Scope and Applicability of Privity:
   • The Platform is operated by or on behalf of and owned solely and exclusively by Sarvam Medicare Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at __________________________________________. For the purpose of these Terms & Conditions of Use, wherever the context so requires, "you" shall mean any natural or legal person falling in the category as aforementioned and the term "SarvHeal", "we", "us" or "our" shall mean Sarvam Medicare Private Limited.
   • These terms & conditions of use govern your use of platform and provision/availment of services, requiring you to read these Terms & Conditions of Use, carefully before you use the platform and or avail services as are offered by the service providers and listed by us. In case of your non- agreement/non-acceptance of any or all of the Terms & Conditions of Use, you may not use platform, and or offer/avail the services as are listed on the Platform, and we request you to uninstall the Software. By installing, downloading or even merely using the Platform, you shall be creating a binding agreement consensually agreed and entered into with SarvHeal and you signify your acceptance to the Terms & Conditions of Use and other policies (including but not limited to thePrivacy & Cookies Policy& Legal Disclaimer)as posted and updated on the Platform from time to time, which takes effect on the date on which you download, install or use platform/the Services, and create a legally binding agreement/arrangement to abide by the same.
   • SarvHeal enables and facilitates the transactions and availment of the services/purchase of products between Service Providers and Members, dealing in various aspects concerning health related services or requisite services and facilities("Platform Services/ Services").The Members can choose and place orders for products/ avails the services (" Orders") from variety of products/services as are listed and offered for sale by various service providers either in the vicinity of the members of in the residential area of members, on the Platform.
   • These terms and conditions of Use are applicable to all the users as are hereinabove defined using/ accessing the platform for any purpose, whatsoever.
2. Prerequisite Condition of Use of Platform/ Membership:
   • The User must have completed at least 18 years of age in order to independently access or use this platform or to avail its services. By accessing or using this Platform or availing its services, the User represents and warrants that he/she is of 18 years of age or older.
   • The users who are less than 18 years of age (“Minors”) may access or use the platform or avail its services only through, or under supervision of a natural or legal Guardian and in such instances, such Guardian shall be considered as the User of SarvHeal.
3. Registration and Member's Subscription Plan:
   • The User must, in order to access any or all of the information, features, services and benefits of SarvHeal, must register user account with SarvHeal, by providing such information as detailed here, that the SarvHeal may seek in order to provide efficient services from time to time, ("SarvHeal Account").
   • The user agrees and confirms to provide accurate and complete details for the purposes of creating SarvHeal Account and thereby updating it timely in case of any changes and or notifying to the SarvHeal for such changes and further accepts the responsibility and liability with regards to the accuracy and completeness of the information being provided by the user.
   • The user desiring to avail the services from the service providers shall subscribe to the membership subscription plan as are notified by SarvHeal from time to time on the its platform: www.sarvheal.com/membershipsubscriptionplanin order to avail the services as are offered to by SarvHeal from time to time to its members.
   • The SarvHeal Account and Membership is limited for the purpose and are subject to the terms and conditions of use, and strictly not transferable/assignable.
   • The user/member after choosing over the membership subscription plan may order the products or avail the services as are listed on the platform by making the requisite payment including but not limited to price of product/ service offered for sale by service provider, tax, shipping cost, shipping method, shipping mode, estimated date of delivery, appointment date and estimated time and so on, as notified to the member exclusively by the service provider on such contractual terms between the service provider and the member without having any privity or relationship with the SarvHeal with aspects such as control over the offer and acceptance, performance, price, payment mechanism and so on.
   • The user/ member represent agrees and confirms that the goods and/or services purchased/availed by the user/member from the Platform are intended for your personal use and that the same are not for resale or you are not acting as an agent for other parties.
   • SarvHeal provides payment gateways on the platform to facilitate any kind of payment by means of credit / debit cards (Visa, Master, Maestro, American Express) and internet banking.  The User/member shall make any or all such payments directly on and exclusively via the payment gateway of his/her choice on the platform and the Services shall commence only upon realization of money into the account of SarvHeal or that of the Service Provider, as the case may be.
   • The User/Member agrees and understands that the payment mechanism may be governed by separate agreements between SarvHeal and third party companies. Any payments made shall be the sole responsibility of the User.
   • SarvHeal reserves the right to change any and all fees, upon its sole discretion, without any notice to Users, from time to time.
   • The User/Member is and shall be liable to pay any and all applicable charges, fees, duties, levies and taxes as required by the law, for purchasing products or availing services from the platform.
   • Notwithstanding any contained herein, the SarvHeal reserves the right to suspend or terminate your SarvHeal Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms & Conditions of Use.
4. Roles and Responsibilities:
1. SarvHeal:
   • SarvHeal do not own, provide, endorse, sanction, approve, back, market, sell, resell on its own and/or do not control the Service Providers or their related products/services provided in connection thereof, therefore any order placed by members shall be placed, subject to the terms and conditions set out in these Terms & Conditions of Use including, but not limited to, product availability and tracking location, serviceability.
   • SarvHeal shall take all reasonable measures to ensure the accuracy of all the information provided by any and all Users, however the users accessing, using and or utilizing such information are liable to verify the accuracy, precision and exactness of such information's and the SarvHeal shall not be responsible or liable for such information in any manner.
   • SarvHeal shall take all reasonable measures to ensure the authenticity and credibility of all information provided by the Service Providers in order to ensure efficient and quality provision of products/ services, however the SarvHeal shall not be responsible or liable for such information and or provision of product/ services as is finally made by the service providers in any manner.
   • SarvHeal shall communicate with the Users via phone or text message or email or notice display on the Platform or through any other means, based on the User’s preferences indicated to SarvHeal.
   • The orders/booking placed by the members/users on the platform may be treated as confirmed, however the exact details of servicing the order/services shall be confirmed and intimated to members/users after the confirmation from respective service provider and therefore the members/users are solely responsible and liable for providing and maintaining the correctness of their basic information as was provided during the registration of the SarvHeal Account. In addition to the aforesaid, SarvHeal may also contact the respective member/user by phone and / or email to inform and confirm any change in the order/booking, due to availability or unavailability or change in price of the order/booking as informed by the Service Provider and which change or confirmation of the order/booking shall be treated as final. It is clarified that SarvHeal reserves the right to not to process your order/booking in the event you are unavailable on the phone at the time we call you for confirming the order/booking and such event the amount, if any paid for respective product/ services online may be refunded.
   • You agree and confirm that all the payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India and the Platform shall not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of availing the services, if the said option is offered by the service provider. In connection with your order/booking, you may be asked to provide customary billing information such as name, billing address and credit/debit card information either to us or our third party payment processor.  If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. You are requested to review and understand such terms and conditions and privacy policy before using the Platform services. Further SarvHeal cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
   • You understand, accept and agree that the payment facility provided by SarvHeal is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, SarvHeal is neither acting as trustees nor acting in a fiduciary capacity with respect to the booking/ transaction or the transaction price, services, products.
   • You agree and confirm that we act as the Service Provider's payment agent for the limited purposes of accepting payments from you on behalf of the Service Provider and upon your payment of amount to us, which are due to the Service Provider, your payment obligation to the Service Provider for such amounts is completed, and we are responsible for remitting such amounts, to the Service Provider.
   • The final tax bill shall be issued by the Service Provider to you along with the ordered products or at the time of the availment of services and SarvHeal either being merely acting as facilitator/collecting the payment on behalf of such Service Provider, all applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined solely and exclusively by the Service Provider and therefore SarvHeal holds no responsibility for the legal correctness/validity of the levy of such taxes and the sole responsibility for any legal issue arising on the taxes and aforesaid levies shall reside with the Service Provider only.
   • You agree and confirm that the prices as are reflected on the Platform, including Shipping or other charges, are determined solely by the Service Provider and are listed based on Service Provider 's information which may not change in normal and usual course save and except that the prices may change at the time of placing order/booking due to Service Provider changing the price of product / services without due intimation and such change of price are at the sole discretion of the Service Provider attributing to various factors beyond control including but not limited to some technical issue, typographical error or product information supplied by Service Provider be incorrectly reflected and in such an event  Service Provider may cancel such your order/booking(s).
   • The Service Provider shall be solely responsible for any warrantee/guarantee of the products sold to the Members/ Users and or services offered for sale by the Service Provider and in no event shall be the responsibility of SarvHeal on account of the bilateral transaction between the Service Provider and Member/User and therefore, SarvHeal is not liable to any loss, deficiency in product or service, charge or deposit any taxes applicable on such transaction.
2. Service Providers:

The respective obligations primarily of the service providers in further co-extension to the service agreement are as follows:

• The Service Providers represent and warrant that their credentials, qualifications, services and expertise as are provided to SarvHeal are accurate and genuine and that they are and shall be the sole and exclusive owner of all the products they wish to sell and that they have absolute right, title and authority to provide services being listed on SarvHeal.
• The Service Providers agrees and confirms that they are and shall be legally entitled to render their services or sell their products, and without violating any of the contractual terms which they might be bound under any other third party agreements. The offered products/services must not violate any of the rights of the third parties, which includes but is not limited to intellectual property rights, privacy rights, proprietary rights, etc.
• The Service Providers agrees and confirms that they shall be governed by applicable laws at all times.
• The Service Providers agrees and confirms they shall ensure to offer quality and standard products and Services, and shall make best efforts to provide consultation or treat Members/Customers in the most competent manner to the best of his/her ability. Doctors  & Labs shall ensure to provide their services efficiently by, inter alia, honoring the terms of appointment with Members, providing appropriate and quality treatment with utmost care and ensuring appropriate conduct vis-à-vis the Customers
• Doctors & Labs shall be entitled to cancel an appointment only in the event the they believe that it is beyond their expertise or capacity to offer efficient services. In such cases, the Members shall have the option of choosing other Service Providers and thereby entitled to refund of any payment made to the Doctors & Labs /SarvHeal on the behalf of the Doctors & Labs.
• In the event the Service Providers sell medicines directly to the Customers in the process of personal consultation, all the terms as provided herein for sell of medicine shall be applicable to such Doctors & Labs.
• The Service Providers must respond to the Member within the notified and listed working days on the platform within which the Members reach out to them for availing the services. In the event of non-compliance of any sort, SarvHeal at its discretion shall take appropriate measures which includes, but is not limited to, disabling the Service Providers' registration account and listing.
• The Labs shall not perform its functions unless the Member upload/provides scanned copy of a prescription from a registered medical practitioner at the time of placing an order.
• The Pharmacies/equipment dealers must ensure they offer quality and standard products.
• The Pharmacies/equipment dealers have to reach out to the customer about their order within the notified and listed working days on the platform.
• The Pharmacies shall not sell its products or perform its functions unless the Customers upload/provides a scanned copy of a prescription from a registered medical practitioner at the time of placing an order. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received.
• All offered products by pharmacies/equipment dealers must be kept in stock at all times to enable efficient services.
• The product description must be accurate. In the event of any discrepancy between the product description and the actual condition of the product, the Pharmacy/equipment dealer shall refund the amount to the Customer.
• The service providers shall be governed by applicable laws at all times.
• Users shall, at all times ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules there under, and also all applicable laws, rules and regulations as amended from time to time regarding the sale of products or provision of services on the Website.
• The Channel Partner/s may market, sell and distribute the membership subscription plan to the members intending to be subscribed members and that the channel partner/s shall not in anyway provide warranty, guarantee and or such other information without written authorization from SarvHeal in that regards.
• The Channel Partner/s shall be solely responsible for selling the subscription of SarvHeal at mutually agreed amount in writing and shall be responsible for all losses, damages arising in the said activity/business.

 

3. Users:
• If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that SarvHeal may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. SarvHeal shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
• By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Service Providers or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from SarvHeal with respect to such actions or omissions.
• SarvHeal is providing services in the limited areas/cities in India, we have complied with applicable laws of India in making/creating the Platform and its content available to you, however in the event the Platform is accessed from outside India or outside the area/cities in respect of which the SarvHeal is providing the services, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
• Users shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and SarvHeal policies to the attention of all such persons accessing the Platform on your computer or mobile device.
• User understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. User also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. User shall bear the costs incurred to access and use the Platform and avail the Services, and SarvHeal shall not, under any circumstances whatsoever, be responsible or liable for such costs.
• SarvHeal agree and grant permission to SarvHeal to receive promotional SMS and e-mails from SarvHeal or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to _________________
• Users further agree and confirm that your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
• User will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
• Users agree, warrant and confirm that all necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
• Members agree and confirm that you will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact ______________
• Users agree, warrant and confirm they will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
• Users agree, warrant and confirm they will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
• Users agree, warrant and confirm they will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
• Users agree, warrant and confirm they will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
• Users agree, warrant and confirm they will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
• Users will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
• Users agree, warrant and confirm they shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
  1. any part of the Platform or the Platform software; or
  2. any equipment or any network on which the Platform is stored or any equipment of any third party
4. Users agree, warrant and confirm you release and fully indemnify SarvHeal and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, SarvHeal cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
5. Terms of Services:

Users/ Members agree and confirm that the SarvHeal shall not be responsible for:

1. The details of the products/services and corollary price list available on the Platform are based on the information provided by the Service Providers and SarvHeal shall not be responsible for any change or cancellation or unavailability.
2. The services or products as are offered to be provided/ actually provided by the Service Providers including, but not limited, the products as are provided, proficiency in services, accuracy and so on;
3. The Service Provider's services or goods not being up to your expectations or leading to any loss, harm or damage to you on account of any reasons whatsoever;
4. The availability or unavailability of certain products and or services as are listed and or provided on platform; or
5. The Service Providers providing the incorrect orders/services or providing orders at incorrect address or making delay in providing orders/ services.
6. SarvHeal do not offer any refunds against goods already purchased from the Platform / services availed from the platform and all such claims /entitlements shall be towards the service provides only and that too in eventuality of occurring an error that is directly attributable to Service Providers which has occurred during the purchase of such product or services.
7. You agree and acknowledge that neither us nor the Service Providers shall be liable in the event of you failing to adhere to the Terms of Use.
8. You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased /services availed from the Services.
9. If you use the Platform, you do the same at your own risk.
10. SarvHeal constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
11. You agree that the Services shall be provided by us only during the working hours of the relevant Service Providers, which may be subject to change.
6. Termination:
   • The Terms of Use and the Privacy Policy shall be applicable to all the Users in full form and effect, as long as the User uses the Website in any manner whatsoever.
   • The User can terminate his/her account in accordance with the Privacy Policy and by intimating in writing to the SarvHeal.
   • SarvHeal may, at its sole discretion, and without prior notice, suspend the User’s account or prevent the User from accessing/utilizing the Website if among other things,
     • The User violates any of the terms of the Terms of Use.
     • SarvHeal is unable to authenticate any User Information
     • SarvHeal reasonably believes that continuing the User’s membership is not in its the best interests.
   • Upon such termination, the User shall no more use the Website under the same account or another new account, except after SarvHeal expressly allows (by any means of express communication) the User to re-register or create a new account
   • Upon such termination, SarvHeal may, at its sole discretion, delete any and all of the concerned User Information under its control or from its database.
   • In any case of termination of account of members in any manner and for any reason whatsoever, the SarvHeal shall not refund the amount of fees paid to it towards membership subscription by the member.
7. Breach:
   • In the event a User breaches any of the terms and conditions of the Terms of Use, SarvHeal reserves the right to:
     1. pursue any remedy it deems fit, including but not limited to de-activation of the User’s account.
     2. remove all User Information from its database
     3. take suitable legal course of action.
   • Upon such breach, SarvHeal shall preserve any related or associated records or information for at least 60 days for investigative or related purposes.
8. Prohibition on Use of Intellectual Property Rights of SarvHeal:
1. Users agrees and confirms that the sole and exclusive owner and user of all the intellectual property rights being printed, published, used and or discovered/developed by you during the subsistence of this policy, which may include not limiting to Trade names, Device Marks, Trademarks, Logos and all other Intellectual Property Rights shall solely vests in SarvHeal with no interest, rights, entitlements, claim of Users
2. SarvHeal is either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
3. User may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.
4. User must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5. You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.
6. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. Users or any other person acting for and or on your behalf shall not reproduce in whole or part any printed material, audio cassettes, video and film, recording that have been produced by SarvHeal unless without written authorisation to do so by SarvHeal. The aforesaid materials protected by copyright whether registered or unregistered and are considered proprietary to SarvHeal.
9. Notices/Disclaimers:
   • SarvHeal expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
   • The platform may be under constant upgrades, and some functions and features may not be fully operational.
   • Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
   • User acknowledge that third party services are available on the platform. SarvHeal may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, users acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's / merchants services.
   • SarvHeal disclaims and all liability that may arise due to any violation of the Drugs and Cosmetics Act,1940 and applicable rules and regulations made thereunder and such liability shall be attributable to the service providers.
   • While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
   • The information provided hereunder is provided "as is". SarvHeal and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgment of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
   • SarvHeal shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
   • In no event will SarvHeal be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
10. Amendments:

These Terms and Conditions of Use are subject to modifications at any time. SarvHeal reserves the right to modify or change these Terms of Use and other SarvHeal policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms and conditions of Use and the other SarvHeal policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other SarvHeal policies. As long as you comply with these Terms of Use, SarvHeal grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and SarvHeal policies (including but not limited to Privacy Policy and Disclaimers) as may be posted on the Platform from time to time.

11. Indemnity:

User agrees to indemnify and hold harmless; SarvHeal, its affiliates, and its Employees from any and all third-party claims, losses, liability, damages and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of its terms and conditions, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. SarvHeal will notify the User of such claim, loss, liability, or demand, and the User shall provide reasonable assistance, at his/her own expense, in defending any such claim, loss, liability, damage, or cost.

12. Waiver & Severability:

 

1. To the extent that anything in or associated with the Site or the agreement is in conflict or inconsistent with this privacy policy or such other policy, this policy shall take precedence save and except the service agreement or such agreement as are entered/ executed between Service providers and SarvHea;;
2. Should any part of this terms and condition be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect;
3. Failure of SarvHeal to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
4. Any waiver or consent by either party shall be effective only in the specific instance and for the specific purpose for which it is given and shall not be deemed, regardless of frequency given, to be a further or continuing waiver or consent. Any waiver of any provision in the Terms of Use by either Party shall not be deemed to have waived either that provision or any other provision of the Terms of Use in the future.

 

13. Force Majeure:

SarvHeal shall not be liable for any breach of its obligations resulting from causes beyond their reasonable control including strikes of their own employees, Riots, natural calamities and flood.

 

14. Governing Law:
    • This policy/agreement shall be governed by and construed in accordance with the laws of Republic of India and the courts of Vadodara/Gujarat shall have the exclusive jurisdiction in this regard.
    • All disputes will be subject to arbitration in Vadodara, Gujarat by a single arbitrator solely and exclusively appointed by SarvHeal in accordance with the Arbitration and Conciliation Act, 1996.
    • This is the entire agreement between the parties relating to the matters contained herein.
15. Contact:

 

1. If the User has any query regarding SarvHeal, or the Website, or the Terms of Use, or any other related matter, User can reach SarvHeal by
2. Sending an email to _________________
3. Contacting the Grievance Officer
4. Sending a letter marked to the attention of __________________________
   • If the User has any other grievance with respect to the Website, the Grievance Officer, who is appointed as per the requirements of the Information Technology Act, 2000, can be reached out. All endeavors may be made by such officer to address the grievance within 30 days of notifying the Grievance Officer.