Terms & Conditions
This user agreement is an agreement between you and OneMitr, governing the:
(i) your use of our website (“OneMitr”)
(ii) availing of our Services by you, which includes providing health care products through our Site/App (referred to as the “Services“).
By accessing the Site and/or the App, at your option, you agree to be bound by the terms of this Agreement and the terms and conditions. This Agreement governs the access and use of this Site/App and availing of our Services by you i.e., our visitors, users, or customers (“Users“). If you do not agree with the terms contained in this Agreement or the Privacy Policy, you are not permitted to use this Site/ App. OneMitr will not be liable for any consequences arising from your unauthorized use.
OneMitr may revise these terms of use at any time by amending this page and the terms hereof, and you shall be informed of the same periodically and at least once a year. However, you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
All changes are effective as soon as we post them, and by using the Site/App and availing of the Services thereafter, you agree to be bound by the revised terms and conditions of use.
Your use of the Site/App is subject to the most current version of the terms of use posted on the Site/App at the time of such use.
- ACCESS Initial Access
Access to the Site/App is available to every User however, any feature displayed on the Site/App is provided by us on a temporary basis and for promotional purposes, and we reserve the right to:
(i) withdraw or amend the promotional features that we provide on our Site/App and/or
(ii) We restrict your access to some parts of our Site/App without prior notice to you. We shall not be liable for exercising our right set forth hereunder. Full Access – To access the Services and view the full contents of the Site/App, you will need to register on the Site/ App, and you will be able to access after you create a “Registered User” account. In order to become a Registered User, you will be required to furnish certain information and details [including your name, mobile number, e-mail address, Age, and residential address] and any other information deemed necessary for registration.
Once you complete your registration on the Site/App, the Site/App allows you to have full access and view contents on the Site/ App; allows us to contact you and vice versa, if necessary; allows us to inform you of changes to the terms of use of the Site/App or describing new services that we enable on the Site/App; and allows you to make use of the Services and other functionality that we may establish and maintain on the Site/ App from time to time, subject to these terms and conditions.
Availing the Services –
To access the Services, you shall be required to register yourself and maintain an account as a Registered User with the Site/App, provide us with requisite information (depending on the service availed by you) and make requisite payment in that regard (as defined hereinbelow). PAYMENT Most Services made available to you are subject to the payment of consideration (“Consideration”), which shall vary depending on the type of Service being availed by you and the cost associated with providing the Services to you. Services requiring payment are always clearly indicated. If you elect to use paid aspects of the Site/App, you agree to the terms of sale, pricing, payment mechanism, and billing process applicable to such Consideration. The Consideration payable (which includes GST) can be found on this Site/App. We accept payment by credit card, debit card, net banking and/or other modes of payment accepted by our payment gateway service provider, Razorpay. Payment details shall be collected by the payment gateway service provider by using a secure financial data collection mechanism authorized by the Reserve Bank of India. Once the Consideration has been paid for, you agree that such payment is non-refundable after the cancellation window.
REPRESENTATIONS AND WARRANTIES By using the Services and completing the registration process, you represent and warrant that:
(a) all the information provided by you at the time of registering is accurate and complete;
(b) you shall maintain the accuracy of such information, and any changes thereto shall be regularly updated;
(c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into, abide by and comply with this Agreement;
(d) you are competent in accordance with applicable laws to enter into a binding contract and are not a person barred from using the Site/App and/or receiving the Services under applicable laws; and
(e) you are entitled to use the Site/ App in compliance with applicable national and international laws. We shall not be liable for any events arising as a consequence of any inaccurate/untrue representation provided by you on the Site/App.
TERMS OF USE OneMitr grants you permission to use the Services as set forth in this Agreement, provided that:
(i) you will not copy or distribute any part of the Site/App in any medium or in any manner whatsoever without OneMitr’s explicit authorization in this regard, and
(ii) you will otherwise comply with the terms and conditions of this Agreement. Upon completing the registration process, you will be provided with a username, password, or any other piece of authentication information as may be required by our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session.
OneMitr has the right to disable any username/account, whether chosen by you or allocated by us, at any time if, in our opinion, you have failed to comply with any of the provisions of this Agreement. You will immediately notify OneMitr of any unauthorized use of your password or username by sending details of such unauthorized use to <———>. You are responsible for making all arrangements (hardware, software, etc.) necessary for you to have access to our Site/App and, thereby, the Services.
You are also responsible for ensuring that any persons who access our Site/App and, thereby, the Services through your account are aware of these terms and that they comply with them.
You are also solely responsible and liable to OneMitr for all activities that take place or occur from your devices under your account.
You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity, and we shall not be liable to you for any damages arising from your inability to log into your account.
Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload/post material, content, information, news, feedback, comments, questions, data, documents, pictures, and other information on the Site/ App, you must ensure that your User Material must not violate the following standards i.e., must not: belong to another person and contain any information that breaches his privacy; be defamatory, obscene, offensive, pornographic, hateful, harmful, insulting or harassing on the basis of gender, defamatory, vulgar, lewd, blasphemous, lascivious, invasive of another’s privacy (including bodily privacy), racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or violating laws of any jurisdiction in force (including data protection laws); promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; infringe any intellectual property including copyright, database right or trademark of any other person; be in violation of any legal duty owed to a third party, terms of a contract or confidence; be likely to harass, upset, embarrass, alarm, or annoy any other person or be harmful to child/minors; impersonate any person, or misrepresent your identity or affiliation with any person; advocate, promote, incite any third party to commit, or assist any unlawful or criminal act; contain a statement which you know or believe, or have reasonable grounds for believing, that if published is likely to directly or indirectly encourage or induce others to commit, prepare or instigate such person to commit an acts of terrorism; be such that it is known by you to be false, inaccurate, or misleading; contain any computer/software viruses, any computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource or other program for potentially damaging or limiting the functionality of any computer programs or files. threatens the unity, integrity, 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 to another nation; is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; When we consider that a breach of the User Material Standards (as stated above) has occurred or the terms of use under this Agreement has been breached, and we may take any action legally available, including all or any of the following actions: we may at our discretion take down any such User Material immediately; immediate, temporary, or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Site/App; immediate, temporary, or permanent removal of any other User Material already posted on the Site/App, upon your failure to cure the breach that is brought to your notice; initiate legal proceedings against you seeking legal, injunctive, or other equitable remedy; and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
By submitting User Material, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Material in any and all media or distribution methods (now known or later developed).
You agree that others may use your User Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak, and repurpose your User Material in accordance with these Terms.
If you delete your account, your User Material may remain available through the Services. You understand that OneMitr while performing the required technical steps to provide the Services to our other Users, may:
(a) transmit or distribute your User Material over various public networks and in various media, and
(b) make such changes to your User Material as necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that the license you provided shall permit OneMitr to take these actions. You confirm and warrant to OneMitr that you have all the rights, power, and authority necessary to grant the above license.
You shall not do any acts that breach the following terms of use of the Site/App, including but not limited to: Distribute, download, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the information/content provided to you as part of the Services or the Site/App; Attempt to decompile, reverse engineer, or otherwise disassemble any Service or content provided to you as part of the Services or the Site/App; Attempt to copy any software provided to you as part of the Services or the Site/App and its source code, or attempt to decrypt any part of such software that is provided to you; Create any derivative work or version of any software/information/content provided by us in relation to or to facilitate the use of our Services or any content provided as part of the Services; Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures, or any other like marks affixed to or embedded in the Services; Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content; Use OneMitr’s domain name or a domain name that is similar to OneMitr’s domain name; Access or use of the Site/App in any manner that could damage, disable, overburden, or impair any of the Site/App’s servers or the networks connected to any of the servers on which the Site/App is hosted; Access or attempt to access any content that you are not authorized to access by any means; Access the Site/App through any other means other than through the interface that is provided by us; Alter or modify any part of the Services/ content provided as a part of the Services; and Disrupt or interfere with the security of, or otherwise cause harm to the Site/App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers, or networks connected to or accessible through the Site/App or any affiliated linked sites.
Upon termination/suspension of your account, you will no longer be able to access your account or any User Material or data you have stored on the servers.
All licenses granted to you by OneMitr to you on the Site/App or the Services will automatically terminate.
PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We collect some data when you register yourself as a ‘Registered User’ and/or avail of our Services. Such personal information is accorded an equitable treatment as per the terms of our Privacy Policy.
RIGHTS RESERVED BY ONEMITR
We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
We have the right to immediately terminate your access or usage rights and remove non-compliant information or material if you do not comply with the terms and conditions of this Agreement and/or the Privacy Policy.
We have the right to investigate and report to authorities for prosecution for the violations of the terms and conditions of this Agreement to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate the terms and conditions of this Agreement.
While we have no obligation to monitor your access to or your use of the Services/ content (or any feature or part of the Services), we have the right to do so for the purpose of operating the Site/ App and providing the Services, to ensure your compliance with the terms and conditions of this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or its agency under clause (b) of sub-section (3) of section 79 of the Act, we will discontinue from hosting, storing or publishing any unlawful information and we will remove or disable access within 36 (thirty-six) hours, to that information which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offense relating to the above, or any information which is prohibited under any law for the time being in force.
We also have the right to take down any User Material upon receiving actual knowledge of the same from any grievances third party or any governmental agency which claims (and provides evidence, if required) that any User Material posted or uploaded by you to our Site/App constitutes a violation of their intellectual property rights or of their right to privacy or the terms of use stipulated in Clause 4.7 above. However, we shall be entitled to, without vitiating the evidence in any manner, preserve such information and associated records for 180 (one hundred and eighty days) for investigation purposes or for such a longer period as may be required by the court or by governmental agencies having jurisdiction on us.
Any information collected from you during registration shall be retained by us for a period of 180 (one hundred and eighty) days after any cancellation or withdrawal of his registration.
We shall be entitled to report any cyber security incidents and share related information (including your User Materials, identity, and/or Personal Information) with the court, governmental agencies having jurisdiction over us, and/or Indian Computer Emergency Response Team in accordance with the policies and procedures as mentioned in the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.
Subject to the receipt of a complaint/grievance from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Service. OneMitr may (but shall be under no obligation to) use tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the terms and conditions of this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of OneMitr, its Users and the public. OneMitr shall not be responsible or liable for the exercise or non-exercise of its rights under the terms and conditions of this Agreement in this regard.
We reserve the right to introduce or change the prices of any and all Services. Notice of such change may be provided at any time by posting the changes on the Site/App itself.
OneMitr shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
DISCLAIMERS
You are solely responsible for your User Material that you upload, publish, display, link to or otherwise make available on the Site/App and representations that you make at the time of registration, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Material. OneMitr will not review, distribute, or reference any such User Material except as provided herein or in our Privacy Policy or as may be required by applicable law.
We hereby disclaim and exclude our liability for all action we may take in response to breaches of the terms of this Agreement or the Privacy Policy due to your direct or indirect action/inaction. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
We are not a medical institution, and our risk advisory shall not be considered as medical advice, diagnoses, treatment, or recommendations of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.
It is also possible that your use of the Services will result in you receiving information regarding products, merchants, and links to third-party sites selling the products you requested. OneMitr hereby disclaims any and all responsibility and liability associated with the same. You acknowledge and agree that OneMitr is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources on our Site/App (if any), or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from our Site/App.
Your correspondence or business dealings with, or participation in promotions of, advertisers you found on the Site/App or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that OneMitr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors through the Site/App.
The Site/App may sometimes contain links to other websites or resources for your convenience to provide further information. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. You shall not create a link to the Site/App from another website or document without OneMitr’s prior written consent.
The Site/App provides the Users with access to insurance-related information and related sources. Such information is provided on an “As Is Basis”, and we assume no liability for the accuracy, completeness use or non-obsolescence of such information. We shall not be liable to update or ensure the continuity of any information/content contained on the Site/App. We would not be responsible for any errors which might appear in (i) such information/content, (ii) information/content which is compiled from third-party sources; or (iii) for any unavailability of such information.
Certain contents on the Site/App may contain opinions and views of third parties. OneMitr shall not be responsible for such opinions or any claims resulting from them. Further, OneMitr makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
OneMitr has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features, content or functionality of the Site/App or the Services, as it deems fit at any time without any requirement of prior notice.
Some parts of the App/Site are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. OneMitr reserves the right at its sole discretion to remove, review, edit or delete any content. However, OneMitr will not be responsible or liable for any User Material or any content uploaded by Users directly on the Site/App, irrespective of whether we have certified any answer uploaded by the User. OneMitr would not be responsible for verifying whether such questions/answers or any material placed by any user contain infringing or unlawful materials or not.
OneMitr may, based on any form of information provided by you at the time of access to the Site/App (including free download/trials) or at the time of registration, and only if you provide such information, contact you through messages, email and call, to give information about its Services as well as give you notifications on various important updates on the App, this Agreement and/or Privacy Policy and/or to seek permission for demonstration of its Services. You hereby expressly grant such permission to contact you through telephone, messages, and e-mail, and you will hold OneMitr indemnified against any liabilities arising out of financial penalties, damages, or expenses in case your mobile number is registered with National Do Not Call Database (DNC). By registering yourself on the Site/App as a Registered User, you agree to make your contact details available to our employees, associates, and representatives so that you may be contacted for passing on important information and/or promotions.
OneMitr has made efforts to ensure that the personnel advising are educated, technically qualified, and trained in the field on which they are advising in order to enable quality control. However, OneMitr makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from the User relating to the same is most welcome, and OneMitr reserves the right and discretion to take any action in this regard.
Access to certain elements of the Services may be subject to the provisions of this Agreement and fair usage policy. OneMitr reserves the right to determine the criteria for the provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Services or registrations does not automatically entitle the User to any and all elements of the Site/App/Services provided by OneMitr. OneMitr shall be entitled to exercise its discretion while providing access to and determining the continuity of certain elements of Site/App/Services. OneMitr reserves the right to extend, cancel, discontinue, prematurely withdraw or modify any part of the Services at its discretion.
OneMitr has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the Site/App/Services as it deems fit at any time without notice. Further, OneMitr has the right to amend the terms of this Agreement from time to time without prior notice to you. OneMitr makes no commitment, express or implied, to maintain or continue any aspect of the Site/App. You agree that OneMitr shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Site/App /Services.
You agree that your use of the Site/App/Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Site/App/ Services are provided on an “As Is” and “As Available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing or usage of trade. OneMitr shall use all reasonable endeavours to ensure that the Site/App/ Services are capable of being used in an uninterrupted manner but it does not guarantee or warrant that: (i) the Site/App/ Services will meet your specific requirements; (ii) the Site/App/ Services will be uninterrupted, timely, secure, or error-free; and (iii) the quality of any Services, content, information or other aspect availed, purchased or obtained by you through the Site/App will meet your expectations; and (iv) any errors in the Services/Site/App will be corrected by OneMitr at its discretion.
You acknowledge that you have carefully read the terms and conditions of this Agreement and fully understand that they include and incorporate a comprehensive and binding release of liability by you with respect to OneMitr and its employees, directors, and officers. Under the terms of this Agreement herein, you expressly agree to release and discharge OneMitr and its employees, directors and officers from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against them in the form of indemnity, damages, tort claim or equity claim. For the avoidance of doubt, to the extent lawfully permitted, the release and waivers set out in clause 7 above include any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
INTELLECTUAL PROPERTY
- All rights, title, and interest in the usage of the terms of this App/Site/content/Services, including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith, are reserved by us.
- All rights, title, and interest in and to the App/Site/content/Services are and will remain the exclusive property of OneMitr and its licensors. Any use of this App/Site/content/Services, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited.
- Except as expressly provided in these terms of use, no part of OneMitr and no content, trademarks, data, statistics, or independent research conducted and posted by OneMitr may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including mirroring the same to any other computer, server, site, or other medium for publication or distribution of any for any commercial enterprise, without OneMitr’s prior written consent.
- By accepting the use of terms hereunder, you agree that OneMitr does not transfer/assign the title of the Site/App to you, and nothing in the terms and conditions of this Agreement shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you, we retain the full and complete right, title and interest to the Site/App, and all intellectual property, title and interest to the Site/App, and all intellectual rights therein. You shall not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Site/App in any manner contrary to this Agreement.
- Any usage of the App/Site/content/Services without the written authorization of OneMitr shall be considered a breach of this Agreement, and you shall be required to indemnify OneMitr for all liability incurred in this regard.
- Subject to the terms of use set forth in this Agreement, OneMitr grants you a non-transferable, non-exclusive, non-sublicensable limited right and licence for you to access and use the App/Site/content solely for the purpose permitted, i.e. posting User Material, using the Site/App/content to avail the Services.
INDEMNITY AND LIMITATION OF LIABILITY
- You agree to defend, indemnify and hold harmless OneMitr, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service/Site/ App/content; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Material caused damage to a third party. This indemnification obligation will survive this Agreement and your use of the Service and/or the Site/App.
- The content/material displayed on our Site/App is provided without any guarantees, conditions, or warranties as to its accuracy. OneMitr is not liable for:
– conditions, warranties, and other terms, which might otherwise be implied by statute, common law, or the law of equity;
– Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Site/ App or in connection with the use, inability to use, or results of the use of the Services or our Site/ App, any Sites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time, and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.
- Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Site/App to use the Services.
- In the event you breach this Agreement, you agree that OneMitr will be irreparably harmed and may not have an adequate remedy in money or damages. In such an event, OneMitr shall be entitled to obtain an injunction and/or other equitable remedy against such a breach from any court of competent jurisdiction. OneMitr’s right to obtain such relief shall not limit its right to obtain other remedies.
FORCE MAJEURE
- OneMitr shall not be liable for any failure to perform or delay in performance of any of its obligations under this Agreement due to Force Majeure. For the purpose of this clause, “Force Majeure” shall mean fire, explosion, flood, earthquake, Act of God, act of terrorism, war, rebellion, riots, sabotage, strike, lockout, stoppage of work, aggravated epidemic, aggravated pandemic, quarantine situations, failure or diminishment of power, internet availability or other services not under the control of either of the Parties, governmental or military acts or orders or restrictions, terrorist attack, cyber-attack, power outage or any such events or circumstances which are wholly outside the control of the OneMitr and/or any party affected thereby.
- OneMitr will use all reasonable endeavours to mitigate the effect of Force Majeure. Should an event of Force Majeure continue for a period of longer than 45 (forty-five) consecutive days and OneMitr is still unable to perform its obligation, then OneMitr may terminate the arrangement with you under this Agreement upon notice to you without being liable for any compensations or claims.
- Nothing contained in this Agreement should be used as an excuse to delay payment of any dues owed to any Party under this Agreement.
GOVERNING LAW
- The jurisdictional court of Mumbai, India, shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Site/ App or the Services. In case you are from a different country, we retain the right to bring proceedings against you for breach of any of the terms and conditions of this Agreement in India or your country of residence, country of use or other relevant country. The laws of Mumbai, India govern this Agreement and these terms and conditions of use of the Services.
- OneMitr accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than that of India, the mere fact that the Site/ App can be accessed or used or any facility can be availed of in a country other than India will not imply that we have anything to do with your jurisdiction or its citizens or accede to the laws of such country.
MISCELLANEOUS
Notice: All notices, updates or changes to this Agreement and Privacy Policy served by OneMitr shall be provided only via email registered with your account or as a general notification on the Site/App. If you are not registered with your email ID, you will not receive such specific notice.
- Entire Agreement: This Agreement, along with the Privacy Policy and any other notice/guidelines made applicable to the Site/App from time to time, shall constitute the entire agreement between OneMitr and You with respect to your access to or use of the Site/App and the Services thereof.
- Assignment: You cannot assign or otherwise transfer Your obligations under this Agreement or any right granted hereunder to any third party. OneMitr’s rights under the Agreement are freely transferable by OneMitr to any third parties without the requirement to seek your consent.
- Waiver: No failure on the part of any Party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by Applicable Law.
- Severability: In the event that any provision of this Agreement is determined to be invalid or unenforceable in any jurisdiction, the remaining provisions herein shall remain in full force and effect and shall be liberally construed so as to effectuate the purpose and intent of the parties as stated in this Agreement.
- Relationship: The Parties expressly agree that nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant or employer and employee between the Parties hereto or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
Feedback:
- Any feedback You provide with respect to the Site/App/Services shall be deemed to be non-confidential. The Site/App shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that: (i) Your feedback does not contain confidential or proprietary information of you or of third parties; (ii) OneMitr is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Site/App/ Services may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from OneMitr for the feedback under any circumstances unless specified.
Grievance Redressal and Customer Care:
We make all best endeavors to provide you with a pleasant experience. If you have any questions about the Site/App/Services, please contact us at hello@cancermitr.com.
If you have any grievance against the Site/App/Services/ their contents/other user or their User Materials regarding violation of this Agreement, the Privacy Policy, terms of service or applicable law, you may make a complaint against such violation to the following person
Name: Kalpesh Tambe
Contact Number: 7718814077
Email id: hello@cancermitr.com
The Grievance Officer shall upon receipt of such complaint – (i) acknowledge the complaint within 24 (twenty-four) hours and dispose-off such complaint within a period of 15 (fifteen) days from the date of its receipt in the manner set-forth in Clause 4.5 hereinabove; (ii) seek/avail requisite advisory, order, notice or direction from the appropriate governmental agency, any competent authority or a court of competent jurisdiction; and/or (b) within 24 (twenty-four) hours from the receipt of a complaint/grievance from you or any person on your behalf, in relation to any content which is prima facie in the nature of any material which exposes your or any individual’s private area, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content. You can provide us with the requisite details of your grievance/the violation/ violative content or communication link, as may be necessary, to the email of the Grievance Officer.
Disclaimer
By accessing and using the OneMitr website and platform (“Site/App”), you acknowledge and agree to the following terms and conditions:
– User Material Responsibility: You are solely responsible for any material you upload, publish, display, or link to on the Site/App, including representations made during registration. OneMitr acts as a passive conduit for the distribution and publication of user material and will not review, distribute, or reference such material except as provided herein in our Privacy Policy or as required by applicable law.
– Liability Exclusion: We hereby disclaim and exclude liability for any action we may take in response to breaches of this Agreement or the Privacy Policy due to your direct or indirect action/inaction. Our actions are not limited, and we may take any other action we reasonably deem appropriate.
– Not a Medical Institution: OneMitr is not a medical institution, and any risk advisory provided should not be considered as medical advice, diagnoses, treatment, or recommendations. Always consult qualified healthcare professionals for any medical concerns.
– Third-Party Links and Content: The Site/App may contain links to external websites or resources. We disclaim any responsibility and liability associated with such links or external content. Your interaction with advertisers or vendors found on the Site/App is solely between you and such parties.
– Interactive Features: Certain parts of the Site/App are interactive, and user contributions may be subject to editorial control. We reserve the right to remove, review, edit, or delete any content at our discretion, but we are not responsible for user-generated content.
– Contact Information Usage: By providing your contact information, you agree to be contacted by OneMitr for informational and promotional purposes. We will handle your information in accordance with our Privacy Policy.
– Information Accuracy and Quality: Information provided on the Site/App, including insurance-related information, is provided on an “As Is” basis. We make no warranties regarding the accuracy, completeness, or adequacy of such information.
– Changes and Discontinuation: We reserve the right to change, modify, suspend, or discontinue any aspect of the Site/App or Services at any time without notice. We also reserve the right to amend the terms of this Agreement without prior notice.
– Disclaimer of Warranties: Your use of the Site/App and Services is at your sole risk. We provide the Site/App and Services on an “As Is” and “As Available” basis, without warranties of any kind, express or implied.
– Release of Liability: By using the Site/App, you release and discharge OneMitr and its employees, directors, and officers from any and all claims or causes of action. This release includes claims under the tort of negligence.