TERMS AND CONDITIONS
Guardians EMS Private Limited (“we”, us”,
“Guardians”) is the author and publisher of the
internet
resource, www.guardians.life (“Site”)
on the World Wide Web as well as other connected software and applications
provided by Guardians.
NATURE AND APPLICABILITY
Please carefully go through these terms and conditions (“User Terms”), and read with the Privacy Policy available on the
Site here before you decide to access the
Site or avail of any services. These User Terms and the Privacy Policy
together constitute a legal binding agreement
(“Agreement”) between You and Guardians and shall
apply to and govern your visit to and use, of the Site (whether in the
capacity of a user or a Practitioner) and any of its products or services
whether through a computer or a mobile phone as well as to all information,
recommendations and or Services provided to You on or through the Site.
This Agreement defines the terms and conditions under which you are allowed to
use the Site and describes the manner in which we shall treat your account
while you are registered as a member with us. These User Terms apply to the
services made available by Guardians on the Site, the Services rendered by
Practitioners listed on the Site, to various users including medical
Practitioners and other users/visitors of the Site.
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By downloading or accessing the Site to use the Services, you irrevocably
accept all the terms and conditions stipulated in this Agreement and agree
to fully abide by them.
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This Agreement supersedes all previous oral and written terms and conditions
(if any) communicated to you. By availing of any service, you signify your
agreement and acceptance of this Agreement. We reserve the right to modify
or terminate any portion of the Agreement for any reason and at any
time.
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Your acceptance of the User Terms shall be deemed to include your acceptance
of the Privacy Policy available at the Site.
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You should read the Agreement at regular intervals. Your use of the Site
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 Site or to particular service are also
considered as part of the Agreement.
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You acknowledge that you will be bound by this Agreement for availing of any
of the services offered by us. If you do not agree with any part of the
Agreement, please do not use the Site or avail of any services.
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Your access to the use of the Site and the Services will be solely at the
discretion of Guardians. The Agreement is published in compliance with, 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
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the rules, regulations, guidelines and clarifications framed there under, including
SPI Rules, and the IG Rules.
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We reserve the right to store information on a User’s computer in the
form of “cookies” or similar files for purposes of modifying the
Site to reflect the User’s preference. Guardians shall try and ensure
that all information that is provided on the Site with respect to
policies/products/services is accurate in all respects and is kept up to
date. However, Guardians does not guarantee the timeliness, accuracy,
completeness, reliability or content of the information and any changes that
are made with respect to the same and the visitor/Customer is required to
check the accuracy of the same with the office of Guardians at
support@guardians.life.
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Guardians' performance to this Agreement is subject to existing laws and
legal processes, and nothing contained in this Agreement is in derogation of
Guardians' right to comply with governmental, court and law enforcement
directions relating to the use of this Site or information provided
to/gathered by Guardians vis-à-vis such use.
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Guardians may introduce new services in relation to the Site from time to
time. The existence and availability of the new services will be notified on
the Site as and when they become available and any revisions in the Terms
& Conditions will take place in accordance with these Terms &
Conditions. In addition, Guardians may also publish notices of general
nature, which are applicable to all visitors or Customers in a newspaper or
on its Site. Such notices will have the same effect as a notice served
individually to each visitor or Customer.
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This document is an electronic record in terms of the Information Technology
Act, 2000 and rules thereunder as applicable and the provisions pertaining
to electronic records in various statutes as amended by the Information
Technology Act, 2000. This electronic record is generated by a computer
system and does not require any physical or digital signatures.
DEFINITIONS
All of the defined and capitalized terms in these User Terms will have the
meaning assigned to them here below:
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“Account” shall mean the account created by the
Customer on the Site for availing the Services provided/facilitated by
Guardians.
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“Applicable Laws” shall mean and include all
applicable statutes, enactments, acts of legislature or parliament, laws,
ordinances, rules, by-laws, regulations, notifications, guidelines,
policies, directions, directives and orders of any governmental authority,
tribunal, or a court of India 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 Information Technology (Intermediary Guidelines and Digital
Media Ethics Code) Rules, 2021 (the “IG Rules”).
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“Customer/You/User” shall mean and
include: A medical Practitioner or healthcare/wellness provider (whether an
individual professional or an organization) or similar institution wishing
to be listed, or already listed, and providing healthcare services, on the
Site, including designated, authorised associates of such Practitioners or
institutions (“Practitioner(s)”, “you” or “User”); or (a) patient, availing this service on his/her consent, being
or not being sponsored/promoted by any organisation/body to utilise the
services through the Site, his/her representatives or affiliates, searching
for availing health and medical services through the Site; or (b) Otherwise
a user of the Site who has an Account on the Site. (c) A visitor of the
Site.
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“Force Majeure Event” shall mean any and all
events arising due to any cause beyond the reasonable control of Guardians.
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“Guardians” or
“us” or “we” or
“our” shall mean Guardians EMS Private Limited,
a company incorporated under the provisions of the Companies Act, 2013 and
having its registered office at Killa No. - 19/2, Uggarsain Park, Dichaon
Road, Najafgarh Street No. - 2, Najafgarh, New Delhi – 110043, which
expression shall, unless it is repugnant to the context or meaning thereof,
be deemed to mean and include all its successors, affiliates and permitted
assigns.
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“IG Rules” shall mean Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
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“Information” shall mean all information on the
Site including but not limited to content, text, data, graphics, images,
information, suggestions, and guidance.
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“Permitted Information” shall mean Registration
Data (as defined below) or any other data submitted by You during the use of
any Service offered through Site
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“Registration Data” shall mean and may
include the present, valid, true and accurate name, email ID, phone number,
home and office addresses, medical history and such other information as may
be required by Guardians from the Customer from time to time for
registration on the Site.
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“Services” shall mean the various categories of
Services including the following made available through the Site:
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24X7 emergency medical helpline, connecting the user to a doctor
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Provision to send an ambulance or a paramedic as may be required and/or
available
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Provision to match the user to the best hospital for their emergency
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Any other services offered by Guardians
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“Site” shall mean the Website operated by
Guardians, www.guardians.life, or any other software that enables the use of
the Site or such other URL as may be specifically provided by Guardians.
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“T&Cs” and “User Terms” shall mean these terms and conditions.
CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit
or use the Site in any manner. By registering, visiting and using the Site or
accepting this Agreement, you represent and warrant to Guardians that you are
18 years of age or older and that you have the right, authority and capacity
to use the Site and the Services available through the Site, and agree to and
abide by this Agreement.
REGISTRATION/MEMBERSHIP AND MANNER OF USAGE OF ACCOUNT
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You understand and acknowledge that You can register on the Site only after
complying with the requirements of this Clause and by entering your
Registration Data.
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You shall ensure that the Registration Data provided by You is accurate,
complete, current, valid and true and is updated from time to time.
Guardians shall bear no liability for false, incomplete, old or incorrect
Registration Data provided by You.
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You are solely responsible for maintaining the confidentiality of your
Registration Data and will be liable for all activities and transactions
that occur through your Account, whether initiated by You or any third
party. Your Account cannot be transferred, assigned or sold to a third
party. We shall not be liable for any loss that You may incur as a result of
someone else using your password or Account, either with or without your
knowledge.
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Guardians reserves the right to suspend or terminate your Account with
immediate effect and for an indefinite period, if we have reason to believe
that the Registration Data or any other data provided by You is incorrect or
false, or that the security of your Account has been compromised in any way,
or for any other reason Guardians may find just or equitable.
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Except for the Permitted Information, Guardians will not ask for any other
information and Guardians shall not be liable for disclosure of any
information to third parties disguising to be Guardians and accordingly, the
User should not send any confidential or proprietary information to
Guardians on the Site or otherwise, unless otherwise is required by
Applicable Laws and explicitly sought by the authorised officials of
Guardians. In accepting these User Terms, You agree that any information or
materials that You or individuals acting on your behalf provide to Guardians
other than the Permitted Information will not be considered confidential or
proprietary.
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We allow You to open only one Account in association with the Registration
Data provided by You. In case of any unauthorized use of your Account please
immediately reach us support@guardians.life. In case, You are unable to
access your Account, please inform Us
at support@guardians.life and make a written request for blocking
your Account. We will not be liable for any unauthorised transactions made
through your Account prior to the expiry of 72 (seventy-two) hours after You
have made a request in writing for blocking Your Account, and shall not have
any liability in case of Force Majeure Events.
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By using the Site or the Service, You further agree that: (i) You will only
use the Site and Service for Your sole, personal use and will not resell or
assign it to a third party; (ii) You will not use an account that is subject
to any rights of a person other than You without appropriate authorization;
(iii) You will not use the Services or Site for unlawful purposes; (iv) You
will not try to harm the Service, Site or our network in any way whatsoever;
(v) You will provide Guardians with such information and documents which
Guardians may reasonably request; (vi) You will comply with all Applicable
Law from your country of domicile and residence and the country, state
and/or city in which You are present while using the Site or Service; and
(vii) You are aware of and shall comply with the Information Technology Act,
2000 and the rules, regulations and guidelines notified thereunder as
amended from time to time.
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Guardians assumes no responsibility, and shall not be liable for, any
damages to, or viruses that may infect User’s equipment on account of
User’s access to, use of, or browsing the Site or the downloading of
any material, data, text, images, video content, or audio content from the
Site. If a User is dissatisfied with the Site, the User’s sole remedy
is to discontinue using the Site.
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Guardians reserves the right to immediately terminate the Service and the
use of the Site in the event of non-compliance with any of the above
requirements. Further, subject to Applicable Laws, Guardians may store the
information provided by You or record your calls for contacting You for all
Service-related matters including obtaining feedback in relation to the
Services provided/facilitated through the Site. You shall promptly inform
Guardians of any change in the information provided by You.
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Guardians or an authorised representative of Guardians, shall provide
information regarding services, discounts and promotions provided by
Guardians to You by way of an SMS, email, messages on the Guardians mobile
application and messages through WhatsApp Messenger to your registered
mobile number/registered email ID. You also have the option to discontinue
receiving such information at any point in time. To discontinue receiving
such information, You may at any point in time visit the specific link
provided on the Site to discontinue the same.
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Subject to Applicable Laws, Guardians will be entitled to process and
transfer your information as and when it deems fit and it may store or
transfer your information in a server outside India or the country where you
are located in order to perform Guardians’ obligations under these
Terms & Conditions.
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User agrees to grant Guardians a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right to
exercise the copyright, publicity, database rights or any other rights You
have in your information, in any media now known or not currently known,
with respect to Your information.
User Agrees and permits Guardians to share permitted information or any
content created by the User and uploaded by the User, with third
parties.
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You agree and permit Guardians to share any information provided by You with
third parties in order to facilitate the provision of Services including
certain value-added/ancillary services offered by such third parties to You
and/or to provide Services including certain value-added services to You by
Guardians. You hereby expressly consent to receive communications from
Guardians/ third parties offering Services/value-added services to You
through your registered phone number and/or e-mail id and/or the Site. You
agree that You will not hold Guardians responsible for any such
communications received from third parties, nor will any such communication
amount to spam, unsolicited communication or a violation of your
registration on the national do not call registry. Further, you agree that
Guardians may contact you through telephone, email, SMS, or any other
electronic means of communication for the purpose of including but not
limited to:
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Obtaining feedback in relation to Site or Guardians’ Services;
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Obtaining feedback in relation to any Practitioners listed on the
Site;
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Connecting for any further details including but not limited to diagnostics,
product redemptions, consultation management, etc.
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Resolving any complaints, information, or queries by Practitioners regarding
your critical content;
INTERACTION WITH WEBSITE
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Guardians has no liability if the Practitioners or ambulance are not
available at the given time.
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For the avoidance of doubt, Guardians is not responsible for any outcome
between you and the Practitioner you interact with, pursuant to any
interactions on the Site. Your decision to engage with a Practitioner or
chatbot for receiving medical services from the Practitioner is at your own
risk.
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Although we will take complete measures to ensure your satisfaction with the
Practitioner/chatbot, we cannot assure nor guarantee the ability or intent
of the Practitioner(s) and chatbot (in any manner possible) to fulfil their
obligations towards you, and advise you to perform your own investigation
prior to selecting a Practitioner or start the use of chatbot.
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Without prejudice to the generality of the above, Guardians, will not be
liable for:
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any wrong medication or treatment quality being given by the
Practitioner(s), or any medical negligence on part of the
Practitioner(s);
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any type of inconvenience suffered by the User due to a failure on the
part of the Practitioner to himself/herself available at the required
time, inappropriate treatment, or similar difficulties;
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any medical eventualities that might occur subsequent to using the
services of a Practitioner, whom the User has selected on the basis of
the information available on the Site.
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Any warranty or representation of any Practitioner or hospital or any
person providing medical assistance including but not limited to a
representation of credibility, license, accreditation, registration,
certification and association with any and all authorities or medical
associations.
Further, Guardians 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. The option of Users to give
feedback remains at Guardians' sole discretion and may be modified or
withdrawn at its sole discretion. Guardians may moderate such feedback
at any time. Guardians shall not be obliged to act in any manner to
give effect to the content of Users’ feedback, such as
suggestions for delisting a particular Practitioner from the Site.
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Guardians collects, directly or indirectly, and displays on the Site,
relevant information regarding the profile and practice of the
Practitioners/service providers listed on the Site, such as their
specialisation, qualification, fees, location, visiting hours, and similar
details. Guardians takes reasonable efforts to ensure that such information
is updated at frequent intervals. Although, Guardians screens and vets the
information and photos submitted by the Practitioners, Guardians disclaims
liability for any inaccuracies or incompleteness caused due to
misrepresentation and fraud committed by the Practitioners. .
NO DOCTOR-PATIENT RELATIONSHIP FOR EMERGENCY
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Please note that some of the Information that may be available on the Site
(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 Guardians and the User 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.
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It is hereby expressly clarified that the Information that you obtain or
receive from Guardians, and its employees, contractors, partners, sponsors,
advertisers, licensors or otherwise on the Site, including the chatbot, is
for informational purposes only. We make no guarantees, representations or
warranties, whether expressed or implied, with respect to the quality of
service provided by the Practitioners, though we will ensure they have the
necessary professional qualifications and will take reasonable measures to
vet them.
FORCE MAJEURE
Guardians shall not be liable for any failure to perform any obligations under
these User Terms, if the performance is prevented, hindered or delayed by a
Force Majeure Event and in of a Force Majeure Event, our obligations under
these User Terms shall be suspended for so long as the Force Majeure Event
continues.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
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As mandated by Regulation 3(2) of the IG Rules, Guardians hereby inform
Users that they are not permitted to host, display, upload, modify, publish,
transmit, update or share any information that:
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belongs to another person and to which the User does not have any right;
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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;
- harm minors in any way;
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infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
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deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in
nature;
- impersonate another person;
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contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
resource;
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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 cognisable offence or prevents
investigation of any offence or is insulting any other nation.
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Users are also prohibited from:
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violating or attempting to violate the integrity or security of the
Site, or any content of Guardians;
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transmitting any information (including job posts, messages and
hyperlinks) on or through the Site that is disruptive or competitive or
prejudicial to the provision of Services
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intentionally submitting any incomplete, false or inaccurate
information;
- making any unsolicited communications to other Users
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using any engine, software, tool, agent or other device or mechanism
(such as spiders, robots, avatars or intelligent agents) to navigate or
search the Site;
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attempting to decipher, decompile, disassemble or reverse engineer any
part of the Site;
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copying or duplicating in any manner any of the information available
from the Site;
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framing or hot linking or deep linking any of the information available
from the Site.
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Guardians, upon obtaining knowledge by itself or being brought to actual
knowledge by an affected person in writing or through email signed with
electronic signature about any such information (as mentioned above)
generated by Users, or on being notified by the appropriate Government or
its agency that the Site is being used by the User to commit any unlawful
act and/or is being used in violation of Clauses 8.1 and 8.2 above, shall be
entitled to remove or disable access to the material or information that is
in contravention of such Clause 8.1. Guardians is entitled to act, as
required by the IG Rules, within thirty-six hours of obtaining such
knowledge and, where applicable, work with Users to disable such information
that is in contravention of applicable law. Guardians shall also be entitled
to preserve such information and associated records for at least 90 (ninety)
days for production to governmental authorities for investigation purposes.
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In case of non-compliance with any applicable laws, rules or regulations, or
these User Terms (including the Privacy Policy) by a User, Guardians has the
right to immediately terminate the access or usage rights of the User to the
Site and Services and to remove non-compliant information from the Site.
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Guardians may disclose or transfer User-generated information to its
affiliates or governmental authorities in such manner as permitted or
required by applicable law, and you hereby consent to such transfer.
Guardians will comply with any duly-issued government or court directions to
disable access to the User-generated information, should it be found to be
illegal by a competent governmental authority.
PAYMENT, CANCELLATION AND REFUND POLICY
The Payment, Cancellation and Refund Policy may be accessed at [Insert Link]
INTELLECTUAL PROPERTY OWNERSHIP
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Guardiansalone (and its licensors, where applicable) shall own all rights,
title and interest, including all related intellectual property rights, in
and to (i) the Site, product, Service and any suggestions, ideas,
enhancement requests, feedback, recommendations or any other offering; (ii)
text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code; or (iii) other information
provided by You or any other party relating to the Site, or the Service.
Third-party trademarks may appear on this Site and all rights therein are
reserved to the registered owners of those trademarks. For use of any third
party’s intellectual property, You need to get permission directly
from the owner of the intellectual property for any use.
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These User Terms do not constitute a sale and do not convey any rights of
ownership in or related to the Site or the Service, or any intellectual
property rights owned by Guardians. You shall be solely responsible for any
violations of any laws and for any infringements of any intellectual
property rights caused by the use of the Services or the Site.
INDEMNITY
User agrees to indemnify and hold harmless Guardians, 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 User’s access to or use of Service, violation or
breach of these User Terms, any Applicable Law or regulation, whether or not
referenced herein or infringement by any other User of his/her/its account, of
any intellectual property or other rights of any person or entity. Guardians
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
assistance, at your expense, in defending any such claim, loss, liability,
damage, or cost.
DISCLAIMER OF WARRANTIES
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All information available on the Site is provided on the condition that the
User will make an independent determination in respect of its accuracy,
completeness or usefulness suitability prior to use or making any decision
for any loss or damage in reliance hereof. Guardians will not be responsible
for the same. Further Guardians will not be responsible or liable in any
manner for any data added, provided, stored or managed by the User including
all personally identifiable information.
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The Information does not constitute an invitation or recommendation to take
medical services from the Site nor is such Information a substitute for
professional advice or solicitation in respect of medical services/products
or recommendation thereof. Guardians urges the Users to seek the advice of
professionals, as appropriate, regarding the evaluation of any specific
opinion, advice, product, service, or other Information.
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All Information on the Site is provided to you "as is" without warranty of
any kind either express or implied including, but not limited to implied
warranties of merchantability and fitness for a particular purpose, title,
non-infringement, security or accuracy. All information available on a
hyperlink site and any third party are subject to the terms and conditions
of the legal notices contained therein.
LIMITATION OF LIABILITY
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The information, recommendations and Services provided to You on or through
the Site are for general information purposes only and do not constitute
advice.
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Guardians shall not be liable for any damages resulting from the use of or
inability to use the Site, including damages caused by the wrong usage of
the Site, error in call centre number, network issues, malware, viruses or
any incorrectness or incompleteness of any Information.
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The information available on the Site could include inaccuracies or
typographic errors. Guardians’ has endeavoured to ensure that all the
information on the Site is correct, but Guardians neither warrants nor makes
any representations regarding the quality, accuracy or completeness of any
data or information contained. Guardians makes no warranty, express or
implied, concerning the Site 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 Site.
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In no event shall Guardians shall be liable for the provision of or
failure to provide all or any service by Practitioners or listed third
parties to users contacted or managed through the Site;
- medical negligence committed by Practitioners
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any content posted, transmitted, exchanged or received by or on behalf
of any user or other person on or through the Site;
- any other matter relating to the Site or the Service.
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If Applicable Law does not permit the exclusion of certain warranties or the
limitation or exclusion of liability, the scope and duration of such
warranty exclusions and the extent of the liability of Guardians shall be
the minimum permitted under Applicable Law.
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Under no circumstances, including but not limited to negligence, shall
Guardians, its employees and directors, its suppliers and its third party
advisors be liable for any indirect, incidental, special or consequential
damages or any damages whatsoever including punitive or exemplary
(including, but not limited to, damages caused by any virus, personal
injury, loss of profits, data or other intangible, business interruption,
loss of privacy, or any other pecuniary loss), arising out of or in any way
connected with the use/delivery/performance of the Site, with the delay or
inability to use this Site or any links or items on the Site, the provision
of or failure to provide Services, or for any information, software,
products, services and related graphics obtained through this Site, or
otherwise arising out of the use of this Site, whether based on contract,
tort, strict liability or otherwise, or for cost of procurement of
substitute goods and repair & correction services or resulting from the
use of this Site or obtained or messages received or transactions entered
into through or from the Site or resulting from unauthorized access to or
alteration of your transmissions or data, even if we have been advised of
the possibility of such damages.
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You agree that we shall not be liable for any indirect, incidental, special,
consequential or exemplary damages arising from interruption, suspension or
termination of the Site, including but not limited to, whether such
interruption, suspension or termination was justified or not, negligent or
intentional, inadvertent or advertent. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential damages.
However, in no event shall our liability to you for all damages, losses and
causes of action (whether in contract or tort, including but not limited to,
negligence) exceed the amount paid by You, if any, for accessing the
Site.
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All transactions that are carried out by and on behalf of the User shall be
subject to Government notifications, the rules, regulations and guidelines
issued by regulatory bodies defining rules/regulations governing the offer
of any service on the Site.. Guardians shall not be liable if any
transaction does not fructify or may not be completed or for any failure on
part of Guardians to perform any of its obligations under these User Terms
or those applicable specifically to its services/facilities if performance
is prevented, hindered or delayed by a Force Majeure event and in such case,
its obligations shall be suspended for so long as the Force Majeure event
continues.
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The User understands and agrees that any material and/or data downloaded or
otherwise obtained through the Site 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.
THIRD-PARTY WEBSITES
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The Site may be linked to the website of third parties, affiliates and
business partners. However, Guardians is not, directly or indirectly,
implying any approval, association, sponsorship, endorsement, or affiliation
with any linked website, unless specifically stated herein. We are not
responsible for examining or evaluating, and we do not warrant the offerings
of, any businesses or individuals or the content of their websites. We do
not assume any responsibility or liability for the actions, products,
services, and content of any other third parties. You should carefully
review the legal statements and other conditions of use of any website which
you access through a link from this Site. Your linking to any other off-site
websites is at your own risk.
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Guardians has no control over and is not liable or responsible for the
content, accuracy, validity, reliability, and quality of such websites or
made available by/through our Site. Guardians assumes no responsibility, and
shall not be liable for, any damages to, or viruses that may infect your
equipment or access to your account, use of, or browsing the Site or the
downloading of any material, data, text, images, video content, or audio
content from the Site. If You are dissatisfied with the Site, your sole
remedy is to discontinue using the Site.
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Guardians shall not be liable, at any time, for any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communications line failure, theft or
destruction or unauthorised access to, alteration of, or use of the
information contained at the third party sites.
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Guardians reserves the right to display sponsored ads on the Site. Without
prejudice to the status of other content, Guardians shall not be liable for
the accuracy of the information or the claims made in the sponsored
listings. Guardians does not encourage the Users to visit the sponsored
listings page or to avail of any services from them. Guardians will not be
liable for the services of the providers of the sponsored listings.
TERM AND TERMINATION OF USER TERMS
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Unless terminated, the Agreement between Guardians and the User is
perpetual in nature upon browsing the Site and availing the Services through
the Site.
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Guardians reserves the right to suspend or terminate a User’s access
to the Site and the Services with or without notice and to exercise any
other remedy available under law, in cases where:
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Such User breaches any terms and conditions of the Agreement;
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A third party reports the violation of any of its rights as a result of
your use of the Services.
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Guardians is unable to verify or authenticate any information provided
to Guardians by a User;
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Guardians has reasonable grounds for suspecting any illegal, fraudulent
or abusive activity on part of such User; or;
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Guardians believes in its sole discretion that User’s actions may
cause legal liability for such User, other Users or Guardians or are
contrary to the interests of the Site.
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Once temporarily suspended, indefinitely suspended or terminated, the User
may not continue to use the Site 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 Site by such User. The User
shall ensure that he/she/it has continuous backup of any medical services
the User has rendered in order to comply with the User’s
record-keeping process and practices.
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Termination of this agreement will not prejudice accrued rights of either
Guardians or the User.
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Clauses pertaining to Indemnification, Liability Limitation of Liability,
Intellectual Property Ownership, Term and Termination, Notice and Applicable
Law and Dispute Resolution and such other provisions which are intended to
survive the termination, shall survive the termination of these User Terms
in accordance with their terms
AUTHORITY TO GUARDIANS
The User hereby authorizes Guardians to carry out his instructions, effecting
such transactions as may be permitted by Guardians from time to time, in
accordance with these User Terms and such other terms as may be specified.
EVIDENCE OF TRANSACTIONS
For any transaction which may be permitted by Guardians from time to time,
Guardians’ own records of such transactions maintained through computer
systems or otherwise, shall be accepted as conclusive and binding for all
purposes. The record of the transaction as generated from the systems of
Guardians shall be conclusive proof of the genuineness and accuracy of such
transactions.
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or
controversy arising out of or relating to these User Terms or the breach,
termination, enforcement, interpretation or validity thereof or the use of the
Site, the Service (collectively, “Disputes”) the parties shall
attempt to settle the same amicably, through negotiation and consultation at
such offices of Guardians as Guardians may designate. In the event the dispute
is not resolved internally after at least 30 (thirty) days of negotiation, in
good faith, the same shall be subject to binding and final arbitration in
accordance with the Arbitration and Conciliation Act, 1996 as amended from
time to time. The reference shall be made to a sole arbitrator appointed by
Guardians.
CONTACT INFORMATION OF THE GRIEVANCE OFFICER
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If a User has any questions concerning the Site, Services this Agreement, or
anything related to any of the foregoing, please write to us
at support@guardians.life.
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In accordance with the Information Technology Act, 2000, and the rules made
there under, if you have any grievance with respect to the Site or the
Service, including any discrepancies and grievances with respect to the
processing of information, you can contact our Grievance Officer
support@guardians.life
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 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.
CONFLICT
In the event of any contradiction or inconsistency between this Agreement and
any other agreement executed between You and Guardians, the terms of this
Agreement shall prevail unless the exception has been expressly agreed to in
writing by making reference to the relevant Clause sought to be modified under
this Agreement.
WAIVER
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
Guardians. Any consent by Guardians or a waiver by Guardians for any breach by
you, whether expressed or implied, shall not constitute consent to, waiver of,
or excuse for any other different or subsequent breach.
JURISDICTIONAL ISSUES
Unless otherwise expressly set forth herein, Guardians makes no representation
that materials on this Site are appropriate or available for use in any
location. Those who choose to access this Site agree to do so at their own
initiative and are responsible for compliance with local laws. The Services
which are part of the Site do not constitute an offer to sell or a
solicitation of an offer to buy to any person in any jurisdiction where it is
unlawful to make such an offer or solicitation.