Welcome to the portal https://www.ayushprana.in/ (the “Website”). The Website is operated by Ayush Prana (a partnership under the Indian Partnership Act 1932), having its registered office at llithode, Malayatoor, Ernakulam district, Kerala.
The terms ‘You’ or ‘Your’ refer to You as the user (irrespective of whether You are a Non-Registered User or an HCP) and the terms ‘ Ayush Prana ‘ ,’We’, ‘Us’, ‘Company’, and ‘Our’ refer to Ayush Prana.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
- THE WEBSITE
- Users: The Website is accessible to visitors / non-registered users
- “Visitors” are users who are not registered with the Website but may access information on the Website. Visitors shall collectively be referred to as “Users” and “ Health care Practitioner or HCPs are duly qualified members of Ayurveda in the field of Multiple sclerosis.
- Features of the Website: The Website offers the following features:
- For Visitors:
- Platform for obtaining generic and preliminary information from HCP to a health related question: You may ask any health related question on the Website and obtain preliminary and generic information to such question from a HCP. Your identity is not disclosed to other users .
- Platform to schedule in-person appointment with HCP: You may use Website to schedule an in-person appointment with HCP at the HCP’s premises.
- Platform to interact with HCP privately: You may interact with an HCP privately via other communication feature which the Website may provide after paying consultation fee to the HCP and an internet handling fee to Ayush Prana.
- Access to various videos and details about multiple sclerosis which explained in the website
- USE OF THE SITE
- Use by all Users
- You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
- You will not deliberately use the Website in any way that is unlawful or harms Ayush Prana, its founders, employees, affiliates, distributors, partners, service providers and/or data or content on the Website.
- By using the website, you authorize us to contact you via email or phone call or sms and offer you services you have opted for.
- Ayush Prana will levy an advance internet handling fee for each private interaction that You have with an HCP through the Website. Ayush Prana will also collect the consultation fee payable to the HCP in advance.
- ROLE OF AYUSH PRANA
- Ayush Prana ‘s role is limited to a) providing a platform for hosting and publishing User Content, and HCP Content b) providing a platform for private interaction between Visitor and HCP . Ayush Prana ‘s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Ayush Prana has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content, HCP Content , information provided by HCPs , interactions between HCPs on the one hand and Users on the other hand.
- Ayush Prana does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
- LINKS TO THIRD PARTY WEBSITES
- You may be provided with links on the Website that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites“).
- Ayush Prana does not endorse any Third Party Websites that You may be directed to from the Website.
- PROPRIETARY RIGHTS
- Ayush Prana respects the intellectual property rights of others, and We expect the same from You. The Website, HCP Content, and the Ayush Prana Content are protected by applicable intellectual property laws.
- Ayush Prana ‘s Rights to the Website and Ayush Prana Content
- All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to Ayush Prana or its licensors. Through Your use of the Website, by no means are any rights impliedly or expressly granted by Ayush Prana to You in respect of such works.
- Except as stated otherwise in this Agreement all Ayush Prana Content (including all intellectual property rights to such content) is owned exclusively by Ayush Prana and/or its licensors.
- When You use the Website in accordance with this Agreement, a limited royalty- free right is granted to You by Ayush Prana to use Ayush Prana Content for personal and non-commercial use in India for the time that You are a User or for the time that You make use of the Website, whichever is less.
- Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
- Unless expressly authorized by Ayush Prana, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Ayush Prana Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
- PERSONAL INFORMATION
- We may collect various personal information from You when You use the Website and or the features provided by the Website.
- No Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to Your questions or postings) may be provided by HCPs. The provision of such content to You by Ayush Prana does not constitute delivery of health care or diagnostic services to You and does not create a professional relationship between Ayush Prana and You.
- No Medical Advice Provided: The content provided by the Website, either by Lybrate or by HCP, should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from Ayush Prana , and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
- Non-substitution of professional medical advice: The Information provided on the Website and in any other communications from or provided through Ayush Prana is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that Ayush Prana shall not be responsible for Your treatment or be treated as a health care provider on account of collection of the consultation fees for private consultation by HCP or collection of fees for any reason whatsoever.
- AYUSH PRANA DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE AND ITS FEATURES; (II) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE, (III) TRANSMISSIONS OF DATA.
- AYUSH PRANA MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
- THE SITE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. NEITHER AYUSH PRANA NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE WEBSITE.
- AYUSH PRANA DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND SMS OR OTHER NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE WEBSITE.
- Neither the HCPs nor Ayush Prana shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of HCPs / Ayush Prana or due to technical reasons or third party actions.
- LIMITATION OF LIABILITY
- To the fullest extent permitted by law, in no event will Ayush Prana or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not Ayush Prana has been warned of the possibility of such damages or could have reasonably foreseen such damages.
- REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That:
- Your use of this Website shall be subjected to the following restrictions:
- You will not delete or modify any content of the Website 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;
- You will not decompile, reverse engineer, or disassemble the content, or
- You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
- You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.
- You will not host, display, upload, modify, publish, transmit, update or share any information. ”
- You as a User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
- All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
- You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- impersonate another person;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
- harm minors in any way;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- belongs to another person and to which the user does not have any right to;
You hereby indemnify, defend, and hold Ayush Prana, the Ayush Prana ‘s distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
- GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
- Ayush Prana reserves the right to modify any part of the Agreement at any time without giving You prior notice.
- When We update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by email if You have provided Your Email Id) which will intimate You of the amendments. You do not agree to the amendments, please do not use the Website any further.
- Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the London Court of International Arbitration, India Arbitration Rules (LCIA Rules), which LCIA Rules are deemed to be incorporated by reference into this Agreement. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
- The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
- GENERAL PROVISIONS
- Severability: If any provision of this 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 the 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.
- Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to Ayush Prana, Illithode, Malayatoor, Ernakulam, Kerala 683587.
If to You: at the email address provided by You to us when You registered as a Ayush Prana User.
- Assignment: You may not assign or sub-license, without the prior written consent of Ayush Prana, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
- Advertisement: Ayush Prana shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
- Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
- Force Majeure: Ayush Prana shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Ayush Prana ‘s reasonable control, including without limitation, act of God, act of Government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
- Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
- Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.