Terms of use

GrowAyu – Terms and Conditions (GTC)Version 1.01.08

Last updated: 18-December-2017

GrowAyu Technologies Private Limited (for short,“GrowAyu”) is the sole author and publisher of the Internet resource www.growayu.com and the mobile application “GrowAyu” (either together or separately for short, the “Website”). GrowAyu owns and operates the services provided through the Website under the brand name “GrowAyu.”

The terms such as “You,” “Your,” or “Yours” generally refer to You as the User, and the terms such as “GrowAyu,” “We,” “Us,” “Company,” or “Our” generally refer to GrowAyu Technologies Private Limited.

Please carefully read the following terms of use of the Website. These terms of use, together with the privacy policy is available at www.growayu.com/privacy_policy.html. By clicking on the “I accept” button at the end of this page, or accessing or using the Website, You agree to be bound by these terms of use, the privacy policy, the additional terms of use for HCPs and other policies which may be applicable to the Website. If You do not agree to be bound by those terms of use, the privacy policy, the additional terms of use for HCPs and other policies which may be applicable to specific portions of the Website, then please do not further access or use the Website, and if any such illegal use of the Website is found, the Company reserves all the rights to take appropriate action under the applicable laws against You.

The above-mentioned terms of use, the privacy policy, the additional terms of use for HCPs, together with any other policies which may be applicable to specific portions of the Website and any disclaimers which may be present on the Website together constitute the "Agreement." Moreover, if You are accessing and using the GrowAyu mobile application, then the additional terms, if any, therein (such as the terms imposed by mobile application stores), will also automatically become part of the Agreement.

The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You. Your access to use of the Website and the Services will solely be at Our discretion.

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”).
DEFINITIONS:

1.1. Healthcare Providers or HCPs: The term, “Healthcare Providers”means and includesthe Medical Practitioners, Labs, Pharmacies, Hospitals etc. who are duly qualified and hence authorised under law to provide healthcare services or to undertake medical activity in their respective medical field and who are duly registered with GrowAyu strictly in accordance with the terms and conditions of the Agreement.

1.2.Non-Registered Users: “Non-Registered Users” are Users who are not Registered Users, and the term, “Non-Registered Users” usually denote Users who merely visit the Website without opting to get registered with the Website,and hence having restricted or very limited access to the information on the Website.

1.3. Registered Healthcare Seekers: Registered Healthcare Seekers are Registered Users who have opted to seek any of the HCP Services available through the Website.

1.4. Registered Practitioners:Registered Practitionersrefer to duly qualified members of medical profession or rather doctors who are duly registered with GrowAyu strictly in accordance with the terms and conditions of the Agreement and who are duly authorised to use the interface/platform called, “Doctor App.”

1.5. Registered Users:The term, “Registered Users”refers to those who have opted to register themselves an account on the Website by providing GrowAyu with the requisite information,and after accepting the terms and conditions of the Agreement,authorized to log on to the Website by providing their username and password. The term inevitably includes Registered Healthcare Seekers, HCPs,Registered Practitioners, and the duly authorised personnel/staff of the Company’s Administrative /Support Team.

1.6. Users: Any reference to the term, “Users”in the Agreement, unless the context otherwise requires, refers to Registered Users.

SCOPE AND FEATURES OF THE WEBSITE:

The features/services provided bythe Website are available only to Registered Users.
Platform to interact with HCP privately: You, as a Registered Healthcare Seeker, may interact with an HCP privately on the video conference/chat feature available on the Website or via other communication feature which the Website may provide after paying the requisite fee.
Platform to publish profile: You, as a HCP, may upload Your profile containing Your name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on the Website. Your profile will be accessible to all Registered as well as Non-Registered Users.
Platform for private interaction: You, as a HCP, may use the Website for private interaction with Registered Users, and in course of such private interaction, You can exchange images, videos, documents etc. through the Website.
Platform to publish HCP-contributed health related information and education material: You, as a HCP,may contribute health related information and education material which GrowAyu may, with or without modification, in its sole discretion, publish on the Website.

USE OF THE WEBSITE:

You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. Further, You will not use this Website or any feature provided by the Website for any purposes not intended under the Agreement.
Your use of each Service confers upon You only the rights and obligations relating to such Service, and not to any other Service that may be provided by GrowAyu.
You will not deliberately use the Website in any way that is unlawful or harms GrowAyu, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS messages from GrowAyu on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by GrowAyu. Please note that GrowAyu will send these SMS messages only to the mobile number that You provide on the Website. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, GrowAyu may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You are hereby deemed to give consent to receive such messages from GrowAyu.However, Youcan at any time opt-out of any such future Communications through SMS text message by calling the GrowAyu customer support.
By using the Website and/or registering Yourself at GrowAyu, You authorize Us to contact You via E-Mail or phone call or SMS and offer You services for the product You have opted for, imparting product knowledge, offer promotional offers running on the Website, for which reasons, personally identifiable information may be collected as detailed later herein.
The Website allows a Registered Healthcare Seeker to select and schedule appointments with HCPs. In doing so, You will be providedwith lists and/or profile previews of HCPs who may be suitable to deliver the healthcare services that You are seeking based on information that You provide to GrowAyu (such as area of specialty and geographical location).
You, as a Registered Healthcare Seeker, have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and the medical records and history on the Website which may be accessed by the HCP at the time of private interactions using the Website.
GrowAyu will levy an advance Internet handling fee for each private interaction that You,as a Registered Healthcare Seeker, have with an HCP through the Website. GrowAyu will also collect the consultation fee payable to the HCP in advance.
In the usual context, You, as a Registered Healthcare Seeker,are expected to use Your registered User ID to login into and availthe services offered by the Website for Your individual healthcare needs alone, and if any of Your family members or friends wants to avail Our services, it is better advised to create a separate User ID for the same. However, Youmay schedule an appointment on the Website for any minor member of Your family or any other minor child if You are duly authorized under law to act as guardian or personal representative for such minor child. Further, Youmayalso schedule an appointment on the Website for Your family members and friends. However, please do understand that, in both of these two scenarios, You alone will be responsible for any such activity that is undertaken through Your account.

LIMITED ROLE OF GROWAYU:

4.1. GrowAyu's role is that of an “intermediary” as defined under the Information Technology Act, 2000, and the rules there under. Being an intermediary, GrowAyu has no responsibility and / or liability in respect of any User content and transactions on the Website, includingany information provided or interactions made between HCPs on one hand and the Registered Healthcare Seekers on the other hand.

4.2. GrowAyu's role is limited to providing a platform for private interaction between Registered Healthcare Seekers and HCPs providing a platform to find HCPs based on Registered Healthcare Seekers’ inputs and HCP profiles created by HCPs themselves.

4.3. GrowAyu does not have the obligation to pre-screen or monitor any User Content, at any time. However, GrowAyu may elect to monitor any User Content and remove those from the Website if GrowAyu determines in its sole discretion that such User Content is in violation of the Agreement or any applicable law and best practices. Where GrowAyu removes any such User Content from the Website, GrowAyu will make reasonable efforts to inform the concerned User who had posted such User Content. Furthermore, such actions do not,in any manner, negate or dilute GrowAyu's position as an intermediary or impose any liability on GrowAyu with respect to the said User Content.

4.4. If GrowAyu suspects any illegal, wrongful or fraudulent activity on the Website by any User, notwithstanding any other rights GrowAyu may have, GrowAyu reserves the right to inform the relevant government or law enforcement authorities, and GrowAyu will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.

4.5.By no means or manner, GrowAyu endorses or influences control over any particular branch of medicine, theory, opinion, viewpoint or position on any topicin the medical field.

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"). However, in this regard, GrowAyu does not endorse any Third Party Websites that You may be directed to from the Website.
Links to such Third Party Websites are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Website. Should You decide to click on the links to visit such Third Party Website, You do so of Your own volition and at Yourown risk. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and GrowAyu is not responsible for Your use of any Third Party Websites and the consequences thereof.

TERMS SPECIFIC TO REGISTERED PRACTITIONERS:

Listing policy

GrowAyu, directly and indirectly, collects information regarding the Registered Practitioners’ profiles, contact details, and practice. GrowAyu reserves the right to take down any RegisteredPractitioner’s profile as well as the right to display the profile of the RegisteredPractitioner, with or without notice to the concerned RegisteredPractitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with You and Your profile, as a RegisteredPractitioner, is found to be incorrect, You are required to inform GrowAyu immediately to enable GrowAyu to make the necessary amendments.
GrowAyu shall not be liable and responsible for the ranking of the RegisteredPractitioners on external websites and search engines.
GrowAyu reserves the right to remove any abusive or inappropriate or promotional content added on the Website. However, GrowAyu shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of RegisteredPractitioners are added to the Website.
RegisteredPractitioners explicitly agree that GrowAyu reserves the right to publish the content provided by RegisteredPractitioners to a third party including content platforms.
You, as a RegisteredPractitioner, hereby represent and warrant that You will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is Your sole responsibility, and GrowAyu accepts no liability for the same.

RegisteredPractitioners hereby agree that they shall use the Doctor App for the purpose specified in these Terms of Use and shall not use the Doctor App for any unauthorized and unlawful purpose, including impersonating another person.
A RegisteredPractitioner hereby represents and warrants that he/she

is qualified to provide medical services within the territory of India;
has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
has provided GrowAyu true, accurate, complete and up to date details about his/her qualification and credentials.

A Registered Practitioner agrees that he/she shall at all times abide by the applicable medical laws, rules and regulations prevailing at the time including the model code ofconduct.
RegisteredPractitioners shall promptly renew their licenses required to provide medical services and notify GrowAyu about the same.
GrowAyu reserves the right to terminate any account of aRegisteredPractitioner in case:

He/she breaches any terms and conditions of this terms of use or privacy policy or applicable laws;
GrowAyu is unable to verify or authenticate any information provided to it by a RegisteredPractitioner; or
GrowAyu, in its sole and absolute discretion, believes that actions of the RegisteredPractitioner may cause legal liability for GrowAyu or other Users and / or may adversely affect the services rendered by GrowAyu.

A Registered Practitioner hereby agrees that, for any Registered Healthcare Seekerwho contacts him/her using GrowAyu, only he/she shall be allowed to perform the services for the said Seeker and that he/she may, under no circumstances, be permitted to transfer the performance of his/her Services to any other person, whether under his/her supervision or not. The Registered Practitioner accepts all responsibility and liability for the use of GrowAyu, including the performance of its services, by any other party claiming to be the Registered Practitioner and hereby agrees to indemnify GrowAyu against any claim or loss that may be faced by GrowAyu consequent to such use.
A RegisteredPractitioner hereby agrees to hold in strictest confidence as to all information provided by a User to him/her under all circumstances, and he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
A RegisteredPractitioner agrees to render his/her services and fulfilhis/her obligations towards the Registered Healthcare Seekers using his/her best efforts, skill and ability.
A RegisteredPractitioner agrees and understands that some or all his/her profile information may be made available to the general public through the Doctor App or otherwise by the Company and that he/she has no objection to the same.
A RegisteredPractitioner hereby agrees to assign to GrowAyu in perpetuity all Intellectual Property Rights residing in the responses provided by him/her for use by GrowAyu worldwide.
Any communication sent by or through GrowAyu to the RegisteredPractitioner is based solely on information uploaded by the Users. GrowAyu shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.

A RegisteredPractitioner shall be liable to indemnify and hold GrowAyu harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in the Agreement on his/her part.

GROWAYU ONLINE CONTENT:

“GrowAyu Online Content,” or simply “GrowAyu Content” means and typically includes the User profile details, login credentials, Registered Practitioners’ calendar, their availability,Registered Healthcare Seekers’ health records, prescriptions, consultation summary-both current and past that have been made available to GrowAyu, any Mails or SMS or video or audio content generated between GrowAyu, Registered Healthcare Seekers and HCPs and also any references to any other HCP, payment related information, bank related information, KYC information collected from HCPs, blogs or thought papers published on the Website, User device information, tracking of User access to the Website, tracking of usage by Users and any cookies createdetc; however, it does not include any User Content or HCP Content as envisaged under Clause 13.3 herein, and also any content created or placed on the Website by any unauthorized/unapproved /unlawful/illegal use of the Website.
GrowAyu reserves all the rights to include or exclude any of the information/content from the above definition of “GrowAyu Content” at all reasonable times.
The Content uploaded via GrowAyu does not, in any way or manner, constitute medical advice and may not be construed as such by any person.
RegisteredPractitioners can use GrowAyu by logging in from their profile, creating original content comprising text, audio, video, images, data or any combination of the same and uploading said Content to GrowAyu’s servers. The Registered Practitioners can upload their images or choose an image from the gallery that GrowAyu provides. GrowAyu shall post such Content at its own option and subject to the Terms and Conditions set forth here in the Agreement.
Registered Practitionersacknowledge that they are the original authors and creators of any respective Content or comments uploaded by them via GrowAyu and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. GrowAyu reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. A Registered Practitioner agrees to absolve GrowAyu from and indemnify GrowAyu against all claims that may arise as a result of any third party intellectual property right claim that may arise from the said Registered Practitioner’s uploading of any Content on GrowAyu. A Registered Practitioner also agrees to absolve GrowAyu from and indemnify GrowAyu against all claims that may arise as a result of any third party intellectual property claim if he/she downloads an image from GrowAyu’s gallery and utilizes it for his/her personal or commercial gain.
ARegistered Practitioner hereby assigns to GrowAyu, in perpetuity and worldwide, all intellectual property rights in any Content or comments created and uploaded by him/her via GrowAyu.
GrowAyu shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
A Registered Practitioner agrees not to post any comments or upload any Content which is defamatory, obscene, or objectionable in nature and GrowAyu reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The said Registered Practitioner further agrees to absolve GrowAyu from and indemnify GrowAyu against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by him/her on GrowAyu.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT:

As mandated by Regulation 3(2) of the IG Rules, GrowAyu hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
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;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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.

Users are also prohibited from:

violating or attempting to violate the integrity or security of the Website or any GrowAyu Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by GrowAyu;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the GrowAyu Content or other information available from the Website;
framing or hot linking or deep linking any GrowAyu Content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

GrowAyu, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information.GrowAyu 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.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, GrowAyu has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
GrowAyu 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.The SPI Rules only permit GrowAyu to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by GrowAyu as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between GrowAyu or any person on its behalf and the User or where the User has consented to data transfer.
GrowAyu shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

GrowAyu respects the intellectual property rights of others and We do not hold any responsibility for any violations of any intellectual property rights by the Users.

LISTING CONTENT AND DISSEMINATING INFORMATION:

GrowAyu collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Registered Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. GrowAyu takes reasonable efforts to ensure that such information is updated at frequent intervals. Although GrowAyu screens and vets the information and photos submitted by the RegisteredPractitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The Services provided by GrowAyu or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express 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). GrowAyu does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. GrowAyu does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, GrowAyu disclaims all liability arising out of the User’s use or reliance upon the Website, 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 GrowAyu 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. GrowAyu has no control over, and 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 the Website does not imply that GrowAyu endorses the linked site. User may use the links and these services at User’s own risk.
GrowAyu 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 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, User’s sole remedy is to discontinue using the Website.
If GrowAyu determines that You have provided fraudulent, inaccurate, or incomplete information, including through feedback, GrowAyu reserves the right to immediately suspend Your access to the Website or any of Your accounts with GrowAyu and makes such declaration on the website alongside Your name/Your clinic’s name as determined by GrowAyu for the protection of its business and in the interests of Users. You shall be liable to indemnify GrowAyu for any losses incurred as a result of Your misrepresentations or fraudulent feedback that has adversely affected GrowAyu or its Users.
GrowAyu Supported Promotional Rights: GrowAyu reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, GrowAyu will not be liable for the accuracy of information or the claims made in the Sponsored Listings. GrowAyu does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. GrowAyu will not be liable for the services of the providers of the Sponsored Listings.

END-USER ACCOUNT, PERSONAL INFORMATION AND DATA PRIVACY:

GrowAyu may collect various personal information from You when You use the Website and or the features provided by the Website.
The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in Our Privacy Policy available at www.growayu.com/privacy_policy.html, whichsets out Our policy with respect to the collection, storage, use, transfer and protection of any such personal information.
When You click on the 'I accept' or 'I agree' tab at the time of registering or otherwise provide Your personal information, You specifically consent to Our Privacy Policy.
GrowAyu will disclose Your Personal Information only when it is legally duty boundto do so in the interest of justice under the applicable laws.
GrowAyu may by its services, collect information relating to the devices through which You access the Website and anonymous data of Your usage, and any such collected information will be used only for improving the quality of GrowAyu’s services and to build new services.
The Website allows GrowAyu to have access to Users’ personal email or phone number, for communication purpose so as to provide them a better way of booking appointments and for obtaining feedback in relation to the HCPs and their service.
The Privacy Policy sets out, inter-alia:

The type of information collected from the Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom GrowAyu will disclose such information; and,
Other information mandated by the SPI Rules.

The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and the various rights available to such Users in respect of such information.

GrowAyu shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to GrowAyu or to any other person acting on behalf of GrowAyu.
The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify GrowAyu of any actual or suspected unauthorized use of the User’s account or password. Although GrowAyu will not be liable for your losses caused by any unauthorized use of Your account, You may be liable for the losses of GrowAyu or such other parties as the case may be, due to any unauthorized use of Your account.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or GrowAyu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; GrowAyu has the right to discontinue the Services to the User at its sole discretion.
GrowAyu may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
Any practice-related information as to a Registered Practitioneris provided on an “as-is” basis and GrowAyu does not validate the said information and makes no representation in connection therewith. You should contact the relevant Registered Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
GrowAyu uses industry–level security and COMODO SSL basedencryption to Your Health Accountand also the application and app are hosted in third party hosting partner server which has its own encryption algorithms to prevent data hacking within the server. However, GrowAyu cannot guarantee to prevent anyunauthorized access if You lose Your login credentials or those are otherwise compromised. Please safeguard Your login credentials and report any actual suspected breach of account to [email protected].

REVIEWS AND FEEDBACK:

You are solely responsible for the content that You choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to HCPs including Registered Practitioners. The role of GrowAyu in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. GrowAyu disclaims all responsibility with respect to such Critical Content and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act.
Without prejudice to the detailed terms stated in Clause 13 herein, You hereby agree not to post or publish any content,reviews or feedback on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. GrowAyu, at its sole discretion, may choose not to publish Your reviews and feedback, if so required by applicable law, and in accordance with Clause 13herein.
You agree that GrowAyu may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:

Obtaining feedback in relation to Website or GrowAyu’s services; and/or
Obtaining feedback in relation to any Registered Practitioners listed on the Website; and/or
Resolving any complaints, information, or queries by Registered Practitioners regarding Your Critical Content;and

in such cases, You agree to provide Your fullest co-operation further to such communication by GrowAyu.

GrowAyu shallnot be liable, under any event, for any comments, reviews 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 GrowAyu’s sole discretion and may be modified or withdrawn at its sole discretion. GrowAyu may moderate such feedback at any time. GrowAyu shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular HCP from the Website.

RETENTION POLICY:

GrowAyu may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information;and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

PROPRIETARY RIGHTS

GrowAyu respects the intellectual property rights of others, and We expect the same from You. The Website and the Contents therein are protected by applicable Intellectual Property laws.
GrowAyu's Rights to the Website and GrowAyu Content

All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to GrowAyu or its licensors. Through Your use of the Website, by no means, are any rights impliedly or expressly granted by GrowAyu to You in respect of such works.
GrowAyu and/or its licensors assert all proprietary rights in and to all the proprietary names and trademarks owned by them that appear on the Website. Any use of the Company’s registered trademarks or copyrights, unless otherwise authorized in a written agreement, will constitute an infringement upon the respective trademark and copyright (or any other such intellectual property right) and willbeactionable under the applicable laws.
Except as stated otherwise in the Agreement, all GrowAyu Content (including all intellectual property rights to such content) is owned exclusively by GrowAyu and/or its licensors.
When You use the Website in accordance with the Agreement, a limited royalty-free right is granted to You by GrowAyu to use GrowAyu Content for personal and non-commercial use in India for the time that You are either a Registered User or an HCP or for the time that You make use of the Website, whichever is less.
Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring on You any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise.
Unless expressly authorized by GrowAyu, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the GrowAyu 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.

Rights in User Content And HCP Content

You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) that You post on the Website or provide to GrowAyu.

You hereby grant GrowAyu a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or HCP Content, as the case may me, and create derivate works of the User Content or HCP Content, as the case may be.

BOOKING, PAYMENT AND REFUND POLICY:

As a Registered Healthcare Seeker, You can avail or rather book the Healthcare Services such as private interaction with a Registered Practitioner, only after payment of the requisite fee for such appointment that will be made known to You on the Website once You have made Your final selection or option as to the Healthcare Services.
In the event, a Registered Practitioner with whom a Registered Healthcare Seeker has booked an appointment is not available and the said appointment is not possible for no fault on the part of the said Healthcare Seeker, the appointment is deemed to stand cancelled at once, and in such an event:

the said Healthcare Seeker can either (i) opt for the refund of his/her payment, or else (ii) he/she can reschedule the appointment with the same Registered Practitioner or book another appointment with any another Registered Practitioner available on the Website;
If the Healthcare Seekerprefers to reschedule his/her appointment with the same Registered Practitioner, he can do so without any further payment, and in such case, no refund will made to the said Healthcare Seeker;
If the Healthcare Seeker prefers to book another appointment with another Registered Practitioner, the payment that the said Healthcare Seeker has already paid will be adjusted towards the present appointment sought for, and any refund will be made to the said Healthcare Seeker only and if any balance amount is available after such adjustment. On the other hand, the said Healthcare Seeker may be required to pay any such further amount if the total payment towards the appointment sought for with the new Registered Practitioner is more than the payment that the said Healthcare Seeker has already paid towards the earlier appointment sought for ;

In any case, no refund will be made to a Registered Healthcare Seeker for his appointment with a Registered Practitioner;

if the said appointment could have very well occurred butonlyfor any fault or lapse on the part of the said Healthcare Seeker, and
if the cancellation of the appointment is not made by the Registered Healthcare Seeker at least 24 Hours before the scheduled staring time of the said appointment

Notwithstanding what is contained in Clause 14.3 above, GrowAyu, at its own discretion and after having a reasonable enquiry being made as to the real reason for any cancellation of any appointment with a Registered Practitioner, may decide to refund the amount paid by the Registered Healthcare Seeker, if it’s found or revealed to GrowAyu after any such enquiry that the said Healthcare Seeker could not actually be blamed for not cancelling the scheduled appointment within the time frame mentioned under Clause 14.3.(b) above for reasons which are beyond the said Healthcare Seeker’s control.
GrowAyu will take its best efforts to pay any refund due to the Registered Healthcare Seekerunder Clause 14.2 within 5-6 business days from the date of cancellation, and under Clause 14.4., within 5-6 business days from the date of completion of the enquiry.
GrowAyu shall not be liable for any refunds to Registered Healthcare Seeker in the event his/her booked slot/ time for an appointment has been delayed.
Any grievances and claims related to the appointment/ refund should be reported to GrowAyu support team at [email protected]within 2 (two) days of appointment date with the Registered Practitioner.
Without prejudice to the generality of the above, GrowAyu will not be liable for:

any wrong medication or treatment quality being given by aRegistered Practitioner(s), or any medical negligence on his/her part;
any type of inconvenience suffered by the User due to a failure on the part of aRegistered Practitionerto provide agreed services or to make himself/herself available at the appointed time, no show by the Registered Practitioner, inappropriate treatment, or similar difficulties;
any misconduct or inappropriate behavior by aRegistered Practitioner or his/her staff;
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 Registered Practitionerby a Registered Healthcare Seeker.

The various provisions under Clauses 14.1 through 14.8 herein applymutatis mutandis to other HCP services.

NON-LIABILITY:

To the fullest extent permitted by law, in no event will GrowAyu, being the provider of a purely intermediate and interactive online platform, 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 GrowAyu has been warned of the possibility of such damages or could have reasonably foreseen such damages.

REPRESENTATIONS AND WARRANTIES:

By Using the Website, You Represent And Warrant That:

You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
You as a Registered or Non-Registered 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.
Your use of the 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 that —

belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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;
infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
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;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, 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.

By usingthis Website, You agree that any information shared by You with GrowAyu or with any Registered Practitioner will be subject to Our Privacy Policy.

INDEMNIFICATION:

You hereby indemnify, defend, and hold GrowAyu, the GrowAyu's distributors, agents, representatives and other authorized affiliates 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 the Agreement and (iii) any negligent or intentional wrongdoing on Your part.

DISCLAIMERS:

Apart from the disclaimers that have already been set forth so far in the Agreement, GrowAyu further disclaims the following:

Interaction with HCP on the Website:

While GrowAyu willalwaystry to ensure a confirmed appointment for a Registered Healthcare Seekerwho requested an appointment on the Website, GrowAyu does not fullyguarantee that he/she will get a confirmed appointment. Further, GrowAyu has no liability if such appointment is confirmed, but later cancelled by HCPs, or theyare not available as per the given appointment time.
You understand and agree that any interactions and associated issues with the HCP(s) on the Website, is strictly between You and the HCP(s). You shall not hold GrowAyu responsible for any such interactions and associated issues or outcome thereof. If You decide to engage with a HCP to provide medical services to You, You do so at Your own risk.
The results of any search You perform on the Website for HCPs, or provision of access to any HCP on the basis of Your specific request, should not be construed as endorsement by the Website of any such particular HCP. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HCP. The search results are based on an object computer algorithm.
GrowAyu shall not be responsible for any breach of service or service deficiency by any HCP.
We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of HCP to fulfil their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a HCP.

Clinical Support Information: You may be providedwithinformation to assist You in clinical decision-making. This may include information and reminders concerning drug interactions, lab and diagnostic services, allergies, dosages, as well as general healthcare related information and resources. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Website by third parties, including HCP Content, is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our Website. You assume full risk and responsibility for the use of information You obtain from or through the Website, and You agree that GrowAyu is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any HCP, or diagnostic or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the information on the Website, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the website
Information regarding HCP and practice information: Information regarding HCP and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the HCP. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor GrowAyu provides any advice or qualification certification about any particular HCP. You are encouraged to independently verify any such information You see on the Website with respect to a HCP that You seek to make an appointment with.
GrowAyu (i) does not recommend or endorse any HCPs mentioned on the Website; and (ii) does not make any representations or warranties with respect to HCPs or the quality of the healthcare services they may provide, and (iii) does not grade HCPs.
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 GrowAyu does not constitute delivery of healthcare or diagnostic services to You and does not create a professional relationship between GrowAyu and You.
No Medical Advice Provided: The content provided by the Website, either by GrowAyu 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 medical 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 GrowAyu, 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 of such information.
Non-substitution of professional medical advice: The Information provided on the Website and in any other communications from or provided through GrowAyu 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 healthcare 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 GrowAyu shall not be responsible for Your treatment or be treated as a HCP on account of collection of the consultation fees for private consultation by HCP or collection of fees for Lab Tests, for any reason whatsoever.
The HCP Services available through the Website are not intended to be a substitute for getting in touch with emergency healthcare. If You are an End-User facing a medical emergency (either on Your or a another person’s behalf), please contact an ambulance service or hospital directly.
You agree that the open and real-time nature of the platform makes it impossible for GrowAyu to vouch for the validity, authenticity and honesty of User Content or HCP Content. GrowAyu is not responsible for any User Content or HCP Content on the Website, or for the consequences of You reading or relying on such Content.
The Website is provided on a "as is" and "as available" basis. Neither GrowAyu 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. Neither GrowAyu nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any User Content, or HCPContent, GrowAyu content or your personalization settings.
GrowAyu 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 GrowAyu shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of HCPs / GrowAyu or due to technical reasons or third party actions.
In the event of customer finding an error in the alert or message from GrowAyu, the customer shall immediately inform the same to GrowAyu and GrowAyu will immediately make an effort to rectify the error. The customer shall not hold GrowAyu liable for any loss, damage, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the e-mail/ SMS communication on mobile phone number.

GrowAyu shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by GrowAyu, where the User has expressly or implicitly consented to the making of disclosures or publications by GrowAyu. If the User had revoked such consent under the terms of the Privacy Policy, then GrowAyu shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by GrowAyu prior to its actual receipt of such revocation.

GENERAL PROVISIONS:

Severability: 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 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 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 GrowAyu:

GrowAyu Technologies Private Limited,

Address: 328. 9th Cross, 29th a Main, HSR Layout,

Bangalore, India- 560102

If to You:

at the email address provided by You which forms part of Your registration details with Us.

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.
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.
Force Majeure: GrowAyu shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond GrowAyu's reasonable control, including without limitation, acts of God, acts 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.
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.
Advertisement: GrowAyu 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.
Assignment: You may not assign or sub-license, without the prior written consent of GrowAyu, the rights, duties or obligations under the Agreement, in whole or in part, to any person or entity.
Conflict: In the event of any conflict between the terms and conditions set forth in the Agreement or in these Terms of Use and any of the terms laid down in any other agreements or Terms of Use that a User needs to accept such as the Privacy Policy, the Additional Terms of Use for HCPs and any other policies applicable to specific pages of the Website, so far as possible a harmonious construction is to be adopted, and if at all any question of prevalence of one agreement/term over the other arises therein, GrowAyu alone has the right to decide upon the issue, and any decision taken by GrowAyu thereupon will be final and binding upon the User.

TERMINATION:

GrowAyu reserves all the rights, in the event it finds out in its sole discretion that You breached any of the terms and conditions of the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You.
Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
Upon User account termination or suspension, regardless of the reasons therefore, Your right to use the Websiteand the Contents therein immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. GrowAyu shall not be liable to You or any third party for any claims or damages arising out of any such termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.

GOVERNING LAW AND DISPUTE RESOLUTION:

The Agreement shall be governed by and shall be construed in accordance with Indian law.
Any dispute, claim or controversy arising out of or in connection with theAgreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be referred to and settled or finally resolved by arbitration to be held in Bangalore according to the ICA India Arbitration Rules by a sole arbitrator appointed in accordance with the said Rules, which are deemed to be incorporated by reference into the Agreement. The arbitration shall be conducted in the English language and thearbitral award shall be final and binding upon the Parties.

AMENDMENTS:

GrowAyu reserves the right to amend/modify any part of the Agreement at any time without giving Youanyprior notice.
The “Last Revised” date would be included at the beginning of this Agreement if any such changes are made to the Agreement.
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. If You do not agree to the amendments; please do not use the Website any further.

CONTACT INFORMATION/ GRIEVANCE OFFICER:

If a User has any questions concerning GrowAyu, the Website, the Agreement, the Services, or anything related to any of the foregoing, GrowAyu customer support can be reached at the following email address: [email protected]or via the contact information available from the following hyperlink: www.growayu.com/contactus.html
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Grievance Officer

Address: 328. 9th Cross, 29th a Main, HSR Layout,

Bangalore, India- 560102

Email: [email protected] Telephone: +91-9900304381(Ask to be connected to the Grievance Officer) 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.