Terms & conditions
GENERAL TERMS AND CONDITIONS
Svaas Wellness Limited (“Svaas”/”us”/” we”) is the owner of the internet domain the Svaas Website and several other Svaas products hereinafter referred to as “Svaas Platform”. The Svaas Platform is managed and operated by Svaas. The Svaas Platform is a one-stop-solution, connecting patients & health care service providers through its digital platform to enable an eco-system of hassle free healthcare. The Svaas Platform offers several healthcare subscription plans and curated healthcare services to its customers through its network of doctors and other healthcare service providers. Each subscription plan provides an unique combination of healthcare services and for availing each such plan, the User needs to avail the said services by subscribing to each such Svaas product offerings (“Svaas Products”). The User may in its sole discretion choose to subscribe to any of the Svaas Products. The terms of each such Product shall be applicable in addition to the terms mentioned herein. As individuals, one may avail the Svaas Products either for oneself or for itself along with dependants i.e. Spouse and 2 Children (upto the age of 21 years) or as a corporate, one can avail the Svaas Products and services for its employees ,hereinafter (“Beneficiaries”). While, the Svaas Website only aims at providing information about the Svaas Products and offerings, the actual service offerings by Svaas are hosted on the Svaas Mobile Application and a User must download the Svaas Mobile Application to avail the subscribed Services.
By accessing the Svaas Platform, you irrevocably accept all the conditions stipulated herein below and agree to abide by them. The Terms and Conditions mentioned herein supersedes all previous oral and written terms and conditions (if any).
Your access of the Svaas Platform, signify your acceptance of the terms mentioned below:
1. GENERAL CONDITIONS
3. PAYMENT, FEES AND TAXES
4. DATA PRIVACY
All content on the Svaas Platform shall be the sole property of Svaas Wellness Limited and protected by Indian copyright laws to the extent applicable. All legal right, title or interest to the trademark, logo, service marks, graphics used herein shall vest solely and exclusively in Svaas Wellness Limited. Your use of the Svaas Platform grants you no right or license to reproduce or otherwise use any content herein or the trademarks of Svaas or any third party.
6. LIMITATION OF LIABILITY
i) In no event, including but not limited to negligence, shall Svaas, or any of its directors, officers, employees, agents (collectively, the “Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Svaas Platform or the content, materials and functions related thereto, even if such parties has been advised of the possibility of such damages. In no event shall Svaas be liable for:
a) provision of or failure to provide all or any service by any third party partner to an end User contacted through the Svaas Platform;
b) any unauthorized access to or alteration of data or content for no fault of Svaas
ii) Svaas Wellness Limited disclaims all and any liability for any harm or damages resulting from your access or use of this Svaas Platform and/or any action taken or omitted to be taken upon reliance on any of its contents. In particular, Svaas Wellness Limited does not make any warranties or representations of any nature whatsoever, including the accuracy or completeness of the content placed on this Svaas Platform. Svaas Wellness Limited shall not be liable for any damages to your computer equipment or other property on account of your use, access, browsing download of the Svaas Platform or any content herein. If you are dissatisfied with the Svaas Platform, your sole remedy is to discontinue using the Svaas Platform/s.
7. APPLICABLE LAW
1.1 By installing, subscribing to, accessing or using the Svaas Platform, you agree to this EULA. If you do not agree to this EULA, you may elect to uninstall or unsubscribe from the Svaas Platform and/or some of its features may not be made available to You. The Svaas Platform may also fail to operate and provide You with optimum experience.
1.3 You affirm that You are 18 years of age or above, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these EULA, and to abide by and comply with these EULA. You must not access Svaas Platform or accept this EULA if You are a person who is either barred or otherwise legally prohibited from receiving or using Svaas Platform under the laws of the country in which You are resident or from which You access or use Svaas Platform.
1.4 You may use the Svaas Platform and the Content only in geographic locations where we offer our service and have licensed such Content. The Content that may be available to watch will vary by geographic location and will change from time to time.
You agree and acknowledge that:
2.1 The Svaas Platform includes third party service providers Svaas is not responsible for the accuracy of any information and/or product or service provided by a third party, service provider. which may be accessed by You and Your use of the Svaas Platform. Your decision to rely and/or avail such third party services through the Svaas platform, must be at your sole risk and discretion.
2.3 Mobile or website internet transmissions are never completely private or secure and the transmission of any information/data and Your use of the Svaas Platform maybe affected, interrupted or disrupted for reasons beyond Svaas’s reasonable control. Any message or information You send using Svaas Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2.5 These Terms apply to all users of the Svaas Platform, including those users who view and access the Svaas Platform.
2.6 If You are availing any Svaas product/service offerings on the Svaas Platform, your use of such product/service will be subject to the product specific terms. We may ask you to provide additional data and information for the purposes of enabling the services (including without limit postal address, medical and bank account details) and may also share the same with our partners limited to the specific purpose.
2.7 To use Svaas Platform, you may require appropriate internet access and/or mobile data connection. You are solely responsible for any fees charged by your Internet access provider including carrier data plans, extra charges or taxes that you may incur when using Svaas Platform. Svaas, its Affiliates or any third party service provider do not make and hereby expressly disclaim any and all liabilities or responsibilities associated with Your access to the internet and related fees.
3. OWNERSHIP AND GRANT OF LICENCE
3.1 You acknowledge that (i) all rights, title and interest including without limitations the intellectual property rights in the Svaas Platform, software, and any content used within and along with it anywhere in the world belong to us and/or our licensors and/or our partners, (ii) rights in the Svaas Platform is licensed (not sold) to You and You have no rights in, or to, the Svaas Platform other than the right to use the Svaas Platform in strict conformity with the terms of this EULA.
3.2 In consideration of You agreeing to abide by the terms of this EULA, we grant You a revocable, non-sub-licensable, non-transferable, non-exclusive limited right and license to access and use the Svaas Platform in object code only, subject to terms of this EULA and other terms incorporated by reference. We hereby expressly reserve all other rights, title and interest in the Svaas Platform and its products and services.
3.3 You agree that the Svaas products and services made available through the Svaas Platform is solely for your use only.
4. LICENSE RESTRICTIONS
4.1 LICENSE RESTRICTIONS
4 Except as expressly set out in this EULA, you agree:
(a) not to copy the Svaas Platform (including its specific design, user interface) except where such copying is incidental to normal use of Svaas Platform
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Svaas Platform;
(c) not to make alterations to, or modifications of, the whole or any part of Svaas Platform, or permit the Svaas Platform or any part of it to be combined with, or become incorporated in, any other programs including any root software;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Svaas Platform or attempt to do any such thing except to the extent permitted by applicable law solely because it is essential for the purpose of achieving inter-operability of Svaas Platform with another software program
(e) not to provide or otherwise make available the Svaas Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(f) to comply with all technology control or export laws and regulations that apply to the technologies used or supported by Svaas Platform in Your use of the Platform.
5. ACCEPTABLE USE RESTRICTIONS
5.1 not use the Svaas Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Svaas Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of Svaas Platform;
5.2 not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of Svaas Platform or any service associated (to the extent that such use is not licensed by this EULA);
5.3 not use the Svaas Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
5.4 not collect or harvest any information or data obtained from any Svaas Platform or our systems or attempt to decipher any transmissions to or from the servers running any service for the Svaas Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.
6. YOUR CONDUCT AND RESPONSIBILITY
6.1 not use the Svaas Platform to do anything that is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another user’s privacy, or is otherwise tortious or violates Svaas’s content guidelines, rules or policies;
6.2 not to do any such act that is grossly harmful, blasphemous; hateful, or racially, ethnically objectionable or disparaging.
6.3 not misuse any right of publicity, moral right, or other proprietary right against Svaas and/or any of its partners;
6.4 not use, upload any file or attachment which contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party from the Svaas Platform; or
6.5 not impersonate any person or entity to avail the Svaas products and services
7. TRADEMARKS AND COPYRIGHTS
Svaas, the Svaas logo and other Svaas trademarks, service marks, graphics, and logos used in connection with the Svaas Platform are trademarks or registered trademarks of Svaas and/or its Affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the Svaas Platform and/or the content is the copyright of Svaas and/or its licensors and content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. The unauthorized copying, modification, use or publication of the Svaas Platform, content and these marks is strictly prohibited. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.
8. LIMITED WARRANTY AND DISCLAIMER
8.1 Any implied warranties including those prescribed by statute are expressly disclaimed by Svaas.
8.2 To the maximum extent permitted by law, the Svaas Platform is provided to you “as is,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with the service providers. Svaas do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. Svaas and its affiliates do not warrant against interference with your enjoyment of the Svaas Platform; will meet your requirements; that the Svaas Platform will be uninterrupted or error-free, or that the Svaas Platform will interoperate or be compatible with any other service or that any errors in the Svaas Platform will be corrected. No oral or written advice is provided by Svaas and/or its affiliates. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.
8.3 We do not refer, endorse, recommend, verify, evaluate or guarantee any result, actions, outcome, information in connection with this Svaas Platform or the products and/or services offered, nor do we warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of anything said, displayed, promoted or provided for in this Svaas Platform, as it is merely acting as a facilitator while actual services are provided by the service providers. The user is responsible for his/ her own decisions and actions undertaken including while availing any products and/or services from the Svaas Platform.
9. LIMITATION OF LIABILITY
In no event will Svaas, its affiliates and/or licensors be liable for loss of profits, special, incidental or consequential damages resulting from possession, access, use or malfunction of the mobile application, including but not limited to, Loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages, or punitive damages from any causes of action arising out of or related to this Eula, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Svaas, its affiliates and/or its licensors have been advised of the possibility of such damages. In no event shall Svaas’s and/or its affiliates’ liability for all damages (except as required by applicable law) exceed an amount of five hundred rupees. These limitations of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any central, state, or municipal law, which cannot be pre-empted. This Eula gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
This EULA will terminate automatically if you fail to or Svaas suspects that you have failed to comply with its terms and conditions. In such event, Your Svaas Platform may be disabled and You must cease using the Svaas Platform. Svaas reserves the right, without liability, to change, suspend, remove, disable or terminate your access to the Svaas Platform and/or its products and services, at any time for any reason (including without limitation to protect our interests, on account of investigation for a suspected violation of this EULA or as a result of us finding that a violation of this EULA has occurred), with or without notice. Svaas further reserves the right to change, modify, update, impose limits, deny or create different access to the use of the Svaas Platform and materials comprising the Svaas Platform and/or its features, or any part thereof, without prior notice provided however that Svaas will comply with all applicable privacy laws in implementing such changes.
You hereby agree to defend, indemnify and hold harmless Svaas, its Affiliates, licensors, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Svaas Platform comprising of the Svaas products and/or services; (ii) Your violation of any term of this EULA; (iii) Your violation of any third party rights. This defense and indemnification obligation will survive this EULA and Your use of the Svaas Platform.
12. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA: (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
13. OTHER IMPORTANT TERMS
13.1 CONTACT INFORMATION:
(a) Customer Support: Any enquiries You may have about Our products or services or if You need assistance with the Svaas Platform, You may write to Us at ______________.
(b) Data Privacy: Data Privacy: To ask questions on data privacy, exercise applicable data subject rights (to the extent you may enjoy any data subject rights as per privacy laws applicable to you) and our privacy practices, please e-mail us at email@example.com.
13.3 GOVERNING LAW AND DISPUTE RESOLUTION: Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, this EULA, its subject matter and its formation, are governed by Indian law. You and we both agree that the courts of Hyderabad will have non-exclusive jurisdiction.
SVAAS WELLNESS LIMITEDformerly known as “Regkinetics Services Limited”8-2-337, Road No. 3, Banjara Hills,Hyderabad, Telangana, India, 500034.
© 2023 SvaasWellness