“www.careultimate.com” (hereinafter, the “Website”) and CareUltimate (hereinafter, the “Application”) is owned and operated by Sudha Foundation, having its registered address at 5/15 Bahgirathi street,R.A.Puram, India (hereinafter referred to as the “Foundation”).
The term "We", "Us", "Our" shall mean the Foundation. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Member” shall mean a registered member of the Website/ Application. “Third Party” shall mean and refer to any individual(s), company or third party entity apart from the User and the Company.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website/ Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website/ Application is conditioned upon Your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2 . Service Overview
The Website/ Application is an online platform which enables the user to get up-to-date information about cancer, Paediatric/cardiac and general Medicine information all about available clinical trials, resources for people dealing with cancer, Paediatric cardiac/cardiac and General Medicine information for Doctors, Patients and health professionals. The Website/ Application provides health advisory services and workforce benefits help solve some of the most pressing challenges in the health care benefit landscape and the user are advised not to rely on the information on this Website/ Application as an alternative to medical advice from your doctor or other professional healthcare provider & never delay, disregard or discontinue your treatment.
The Website/ Application provides certain support services for the users like care me, care manage and care knowledge for the users. Care me is a service on the Website/ Application where the Users of the Website/ Application can interact with each other on this platform. This interaction could be between a medical professional and any individual or between two medical professionals or between two individuals. Care Manage is the second type of Service offered on the Website/ Application where the individuals or medical professionals may upload medical records or documents regarding the individual which shall be kept safe and secured by the users on the platform. This will help patients or others to refer the documents to the medical professionals for seeking second opinion or advice. These are hosted by the patients and we will not have access at all. Once they are made accessible to their doctors will they be able to access it but they will be able to see not others
This is designed to make the users to host the medical records online and have the ability to access it while they are travelling to different places and as well able to discus with the medical doctors in those locations.
The third and final type of Service is Care knowledge where individuals are allowed to gain access to master records/files about Cancer ,Paediatric cardiac information/ papers / collection of materials obtained from sources to educate and provide up to date information to make the users competent enough to ask relevant questions when interacting with the medical community .
3. CONTENT AND COPYRIGHT
All information provided by Users and the doctors in doctor columns and medical students in medical students sections and the Medical tips as an article are self-declared and not verified by the Foundation. If you violate these policies, you will be solely responsible for your actions and will hold the Website/ Application and Foundation indemnified and harmless against any claims that may arise by third parties.
The Website/ Application has been uniquely designed for presentation of content in a format specific to its users and with an integrity that we wish to maintain. Any unauthorized copy, reproduction, distribution, publication, display, modification, or transmission of any part of this Service is strictly prohibited. Users may download material from this Service for personal use. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, nor sell or offer it for sale. See our Permissions section for more information on distribution. In addition, these files may not be used to construct any kind of database.
The Content is protected by copyright under Indian laws both by the Website/Application and content providers. Title to the Content of Website/ Application and affiliated websites, remains with Website/ Application its affiliates, sources and/or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content is subject to change or termination without notice at the editorial discretion of Website/ Application. All rights not expressly granted herein are reserved to Website/ Application, its content provider and its licensors.
All content on Website/ Application and affiliated web sites -- including, but not limited to, the home page, news headlines and summaries, articles, images, videos, and computer coding is protected by copyright either by Website/ Application or its contributors, licensors, partners and sponsors. No one may reproduce any of these materials, either in print or electronic form, without prior written permission from the owner(s) except as detailed below.
Most of the information on the Website/ Application has been written by medical professionals . This material is in the public domain and is not subject to copyright restrictions. Therefore, is a special permission required to use it or reproduce it. However, any reproduced material should contain proper acknowledgement of Website/ Application as the originator and the Website/ Application Web site, Website/ Application , as the source.
Artwork, graphics, and text developed for Website/ Application by private-sector designers, photographers, and writers under contract to Sudha foundation may be owned by the originators. Permissions requests, including credit line and/or fees for use of privately owned material, must be negotiated directly with the private-sector contractor, independent of the government. To inquire about the ownership of Website/ Application I materials or to obtain contractor contact information, write to:
For doctors/medical students/patient:- To fully avail the Services of the Website/ Application and use of it, a one-time user registration is required by means of using a verification code which will be sent to the Users mobile by sms or email. You may access the services by signing in as User by providing the following information which shall include but not be limited to Name, Gender, Mobile Number, Photo, Email id, Date of Birth, emergency contacts and etc.
The Website/ Application also offers Sign Up process with our own sign up system and other platforms such as Facebook and Google+.Website/ Application uses Facebook Connect and Google+ platforms as a medium for signing up only. The user data collected by the Website/ Application shall only be through the above mediums which will be provided by the intended user through their Facebook or Google+ profile, no other data shall be collected/used by the Website/ Application apart from those that was permitted during Sign Up process. However, kindly note that the manner in which Facebook and Google+ uses, stores and discloses your information is governed solely by its policies, and the Website/ Application bears no liabilities/responsibility for its privacy practices and/or other actions of any third party site or service that may be enabled within the Service.
Registration for this Website/ Application is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the application, You may do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the application or availing any of its Services.
Further, at any time during Your use of this Website/ Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website/ Application. A User may terminate his/her use of the Website/ Application at any time. The Foundation may terminate these Terms and close a User account at any time without notice and/or suspend or terminate a User’s access to the Website/ Application at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that the Foundation may discontinue the Website/ Application without any prior notice.
The Foundation reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the software as a service offered on the Website/ Application, or any portion thereof, at any time, without notice or cause. The Website/ Application also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of the Website/ Application and/or other visitors to the Website/ Application. The Website/ Application reserves the right to limit, deny or create different access to the Website/ Application and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 5 hereinabove.
The membership of this Website/ Application is free and this includes the browsing of the site and the use of the services. However, We reserve the right to amend the charges for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website/ Application. Certain files within the Website/ Application shall have to be purchased in order to gain access to the same.
The Website/ Application uses third Party payment gateway payU money and Pay pal to handle financial transactions on the Website/ Application. We are not responsible for these third Party services. Such services are depended on the respective third party legal terms. The billing details provided during payment should be up-to-date, such as the billing address and the Users name. Payment information on the Website/ Application of users using our services is stored on the database for the respective Website/ Application as encrypted using basic encryption of which can be decrypted to reveal the original information. This information is provided to us by the third Party payment gateway services we use to provide online payment functionality, and hence, may contain certain personal information.
We are not responsible for what information is sent to us and it’s stored as this is sent to us via third Party and we cannot control the information sent. However, storage of this information is necessary for legalities and auditing as well as for verification and more. Currently, the information stored that may be deemed personal to the User is their first name, last name and their address zip code.
9. USER’S OBLIGATIONS
You are a restricted User of this Website/ Application.
a. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/ Application. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/ Application is not permitted.
b. You agree not to access (or attempt to access) the Website/ Application or Services by any means other than through the interface that is provided by the Website/ Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/ Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/ Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/ Application. You acknowledge and agree that by accessing or using the Website/ Application or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/ Application. Further, You may report such offensive content.
c. In places where this Website/ Application allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
ii. Engage in any activity that interferes with or disrupts access to the Website/ Application or the Services (or the servers and networks which are connected to the Website/ Application);
iii. Impersonate any person or third party entity, or falsely state or otherwise misrepresent your affiliation with a person or third party entity;
iv. Publish, post, disseminate, any information which 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" under the relevant laws of Maharashtra and India
v. Post any file that infringes the copyright, patent or trademark of other legal third party entities;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/ Application or another's computer;
vii. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner;
viii. Probe, scan or test the vulnerability of the Website/ Application or any network connected to the Website/ Application, nor breach the security or authentication measures on the Website/ Application or any network connected to the Website/ Application. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website/ Application, or any other customer of the Website/ Application, including any Website/ Application Account not owned by You, to its source, or exploit the Website/ Application or Service or information made available or offered by or through the Website/ Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/ Application;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/ Application, system resources, accounts, passwords, servers or networks connected to or accessible through the Website/ Application or any affiliated or linked sites;
x. Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
xi. Use the Website/ Application or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/ Application or other third parties;
xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii. Violate any applicable laws or regulations for the time being in force within or outside INDIA;
xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/ Application contained herein or elsewhere;
xv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xvi. Threaten the unity, integrity, defense, security or sovereignty of INDIA or any other country, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
xvii. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside INDIA;
xviii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xix. Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.You shall not engage in advertising to, or in solicitation of, other Users of the Website/ Application to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website/ Application or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website/ Application. It shall be a violation of these Terms of Service to use any information obtained from the Website/ Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of third party entity or the persons providing information or materials on the Website/ Application) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website/ Application. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/ APPLICATION. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website/ Application. You hereby represent and warrant that you have all necessary rights in and to all content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous,
10. FORCE MAJEURE
Neither the Foundation nor the Website/ Application shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, weather and other natural phenomena; riot, sabotage, labour shortage or dispute; internet interruption, technical failure, hacking, piracy, cheating, illegal or unauthorized.
12. SUSPENSION OF USER ACCESS AND ACTIVITY
ociation with the Website/ Application, and/or refuse to usage of the applicationto the User, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other Users or to the Website/ Application/Company, at the sole discretion of the Company.
13. INTELLECTUAL PROPERTY RIGHTS
All information, content, services and software displayed on, transmitted through, or used in connection with the Website/ Application, , as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website/ Application, and solely for Your personal, non-commercial use.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website/ Application, not to insert any code or product or manipulate the content of the Website/ Application in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method.
14. LIMITATION OF LIABILITY
a) The Website/ Application accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Website/ Application or any product purchased or service availed of by the User through the Website/ Application. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website/ Application will not be liable to you for the unavailability or failure of the Website/ Application/Application.
b) Users may be held legally responsible for damages suffered by other Users, the Website/ Application or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website/ Application.
c) All Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
d) The Website/ Application expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website/ Application and which is incurred by you in connection with the Website/ Application, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
e) To the fullest extent permitted by law, the Website/ Application shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website/ Application.
f) The Website/ Application shall do everything in its power to ensure the protection of the documents and records, in the event that even after such attempt the said documents are stolen or destroyed then the User shall not hold the Website/ Application liable for the same.
15.DISCLAIMERS OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE/ APPLICATION, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/ APPLICATION IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WEBSITE/ APPLICATION MAKES NO WARRANTY THAT
a) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
b) MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
c) ANY ERRORS OR DEFECTS IN THE WEBSITE/ APPLICATION, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WEBSITE/ APPLICATION ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/ APPLICATION IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WEBSITE/ APPLICATION ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE/ APPLICATION WITH RESPECT TO THE THIRD PARTY WEBSITE/ APPLICATION OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/ APPLICATION INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/ APPLICATION, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL THE WEBSITE/ APPLICATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENODOR OR THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/ APPLICATION, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
17.DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of[must be in Chennai●], India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at[ Chennai ●]. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in[Chennai ●], India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Foundation by the User reducing the same to writing, and sending the same to the registered office of the Foundation by Registered Post, or the email address Info @ careultimate.com
20. MISCELLANEOUS PROVISIONS
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Liability: The Website/ Application and the Companyshall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
21. CONTACT US
If you have any questions about this Agreement, the practices of the Website/ Application, or your experience with the Service, you can e-mail us at INFO @careultimate.com