Athreya Ayurvedic Centre (referred to as “we”, us”, “Athreya”) is the author and publisher of www.theathreya.com and its sub domains (together referred to as “website”) in the internet. Athreya provides the services in partnership with its agents, affiliates, associates, representatives, or other third parties (together referred to as “partners”)
1. NATURE AND APPLICABILITY OF TERMS
The agreement applies to you whether you are -
A patient, his/her representative, attendant, relative, friend, or affiliate (“you” or “user”); or
A user of the website (“you” or “user”).
This agreement applies to all services made available by Athreya on its website.
The services may change from time to time, at the sole discretion of Athreya, and the agreement will apply to your visit to and your use of the website to avail the service, as well as to all information provided by you on the website at any given point in time.
This agreement defines the Terms and Conditions under which you are allowed to use our website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of this agreement, feel free to contact us at email@example.com.
By accessing our website to use its services, you irrevocably accept all the Terms and Conditions stipulated in this agreement and agree to fully abide by them.
This agreement supersedes all previous oral and written Terms and Conditions (if any) communicated to you. By availing any service, you signify your agreement and acceptance to this agreement.
We reserve the right to modify or terminate any portion of the agreement for any reason and at any time.
You should read the agreement at regular intervals. Your use of our website following any such modification constitutes your agreement to follow and be bound by the agreement so modified. Any additional Terms and Conditions, Disclaimers, Privacy Policies, and other policies applicable in general and/or to specific areas of this website or to a particular service are also considered as part of the agreement.
You acknowledge that you will be bound by this agreement for availing any of the services offered by us. If you do not agree with any part of the agreement, please do not use the website www.theathreya.com or avail any services.
Your access to use of our website and its services will be solely at the discretion of Athreya. 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, and
the rules, regulations, guidelines and clarifications framed there under, 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”).
2. CONDITIONS OF USE
You must be 18 years of age or older to register and use the services on our website in any manner; visiting our website or using the information provided is allowed for every user in a responsible way and abiding to this agreement. By registering to the website or using its services, you represent and warrant to Athreya that you are 18 years of age or older, and that you have the right, authority, and capacity to use the website and the services available through the website, and agree to and abide by this agreement.
3. LISTING CONTENT AND DISSEMINATING INFORMATION
Athreya takes reasonable efforts to ensure that the information published on its website is updated at frequent intervals. Athreya cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The services provided by Athreya or any of its licensors or partners are provided on an "as is" and “as available” basis, and without any warranties or conditions (expressed 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). Athreya and its partners do not provide or make any representation, warranty, or guarantee, expressed or implied about the website or its services. Athreya and its partners do not guarantee the accuracy or completeness of any content or information provided by users on the website. To the fullest extent permitted by law, Athreya and its partners disclaim all liability arising out of the user’s use or reliance upon the website or the services, representations and warranties made by other users, the content or information provided by the users on the website, or any opinion or suggestion given or expressed by Athreya or its partners or any user in relation to any user or services provided by such user.
The website may be linked to the website of third parties, affiliates, and business partners. Athreya has no control over and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our website. Inclusion of any link on our website does not imply that Athreya endorses the linked site. User may use the links and these services at user’s own risk.
Athreya and its partners assume no responsibility and shall not be liable for any damages to, or viruses that may infect the user’s equipment on account of the user’s access to, use of, or browsing the website or the downloading of any material, data, text, images, video content, or audio content from the website. If a user is dissatisfied with the website, the user’s sole remedy is to discontinue using the website.
If Athreya determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete, or false information, Athreya reserves the right to immediately suspend your access to the website or any of your accounts with Athreya and makes such declaration about suspension on the website alongside your name as determined by Athreya for the protection of its business and in the interests of users. You shall be liable to indemnify Athreya and its partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Athreya, its partners, or its users.
4. BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES, AND INTERACTION WITH MEDICAL SERVICE PROVIDERS
While Athreya will try to ensure a confirmed appointment with a medical service provider (like doctor or diagnostic lab) for a user who requested an appointment on the website, Athreya or its partners do not guarantee that the user will get a confirmed appointment. Further, Athreya and its partners have no liability if such an appointment is confirmed but later cancelled, postponed, or rescheduled by the hospital or medical service provider, or the medical service provider is not available as per the given appointment time.
You understand and agree that any interactions and associated issues with other users, including but not limited to your health issues and your experiences, is strictly between you and the other users. You shall not hold Athreya or its partners responsible for any such interactions and associated issues, and Athreya will not be held responsible or liable for the same. For avoidance of doubt, the services are not to provide any healthcare or medical advice or diagnosis, and hence Athreya and its partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any interactions on the website. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. Athreya or its partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage, or transact with using our website. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the website.
Without prejudice to the generality of the above, Athreya or its partners will not be liable for:
any type of inconvenience suffered by the user due to a failure on the part of the medical service provider including the doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
cancellation or rescheduling of booked appointment or any variance in the fees charged;
any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, whom the user has selected on the basis of the information available on the website or with whom the user has booked an appointment or performed a transaction through the website.
Further, Athreya shall not be liable, under any event, for any comments or feedback given by any of the users in relation to the services provided by another user. All such feedback should be made in accordance with applicable law. The option of users to give feedback remains at Athreya's sole discretion and may be modified or withdrawn at its sole discretion. Athreya may moderate such feedback at any time. Athreya shall not be obliged to act in any manner to give effect to the content of users’ feedback.
5. ONLINE PAYMENT ON WEBSITE
The website www.theathreya.com provides you the ability to pay online through a third party payment gateway for some of the services available on the website.
6. NO DOCTOR PATIENT RELATIONSHIP, NOT FOR EMERGENCY USE
Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively “information”) that may be available on our website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such information does not create a licensed medical professional/patient relationship between Athreya and you and does not constitute an opinion, medical advice, diagnosis, or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
It is hereby expressly clarified that, the information that you obtain or receive from Athreya and its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise on the website is for informational purposes only. In no event shall Athreya be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
The services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a user facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor, or appropriate medical professional directly.
7. CONTENT OWNERSHIP AND COPYRIGHT, CONDITIONS OF ACCESS
The contents listed on the website www.theathreya.com are
User generated content, or
Belong to Athreya and its partners.
The information that is collected by Athreya directly or indirectly from the users shall belong to Athreya and its partners. Copying of the copyrighted content published by Athreya or its partners on the website for any commercial purpose or for the purpose of earning profit will be a violation of copyright, and Athreya and its partners reserve their rights to take action under applicable law accordingly.
Athreya authorizes the user to view and access the content available on or from the website solely for ordering, receiving, delivering, sharing, storing, and communicating only as per this agreement. The contents of the website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the website (collectively " Athreya content"), are the property of Athreya or its partners and are protected under copyright, trademark, and other applicable laws. Users shall not modify the Athreya content or reproduce, display, publicly perform, distribute, or otherwise use the Athreya content in any way for any public or commercial purpose or for personal gain.
Users shall not access the services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.
8. INTELLECTUAL PROPERTY RIGHTS
The contents of the website are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the website are prohibited. The logos, service marks, and trademarks ("IP Marks") displayed on the website are the property of Athreya or its partners or have been licensed to Athreya or its partners by the relevant owners for use. The user may use this material only as expressly authorized by Athreya or its partners and shall not copy, transmit, or create derivative works of such material without express authorization from Athreya or its partners.
The users acknowledge and agree that they shall not upload, post, reproduce, or distribute any content on or through the website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the user to personal liability or criminal prosecution. Nothing on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Athreya.
Athreya reserves the right to suspend or terminate a user’s access to the website and its services with or without notice and to exercise any other remedy available under law where:
Such user breaches any Terms and Conditions of the agreement;
A third party reports violation of any of its right as a result of your use of the services;
Athreya is unable to verify or authenticate any information provided to Athreya by a user;
Athreya has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such user; or
Athreya believes in its sole discretion that the user’s actions may cause legal liability for such user, other users, or for Athreya or its partners or are contrary to the interests of the website.
Once temporarily suspended, indefinitely suspended, or terminated, the user may not continue to use the website under the same account, a different account, or re-register under a new account. On termination of an account due to the reasons mentioned herein, such user shall no longer have access to data, messages, files, and other material kept on the website by such user. The user shall ensure that he/she has continuous backup of any medical services the user has rendered in order to comply with the user’s record keeping process and practices.
10. LIMITATION OF LIABILITY
The information available on the website could include inaccuracies or typographic errors. Athreya has endeavored to ensure that all the information on the website is correct, but Athreya neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data or information contained. Athreya makes no warranty, expressed or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility, or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
In no event shall Athreya or its partners be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages resulting from: (a) the use or the inability to use the services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of our website. Neither shall the Athreya be responsible for the delay or inability to use the website, its services, or any related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through our website, or otherwise arising out of the use of the website whether based on contract, tort, negligence, strict liability, or otherwise. Further, Athreya shall not be held responsible for non-availability or access to the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Athreya control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and the user himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
Users agree to indemnify and hold harmless Athreya, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives, and partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from the user’s access to or use of service, violation of this agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Athreya will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
12. APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this agreement and any contractual obligation between Athreya and user will be governed by the laws of India.
Subject to the above paragraph, the courts at Kottayam, Kerala, India, shall have exclusive jurisdiction over any disputes arising out of or in relation to this agreement, your use of the website www.theathreya.com or its services or the information to which it gives access.
13. CONTACT INFORMATION, GRIEVANCE OFFICER
If a user has any questions concerning Athreya, the website, this agreement, the services, or anything related to any of the foregoing, please write to us at firstname.lastname@example.org.
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to our website or its services, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
The Grivence Officer
Athreya Ayurvedic Centre
Pakkil P.O., Pallom, Kottyam, Kerala, India
In the event you suffer as a result of access or usage of our website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
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 Athreya. Any consent by Athreya to, or a waiver by Athreya 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.