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.

The terms and conditions, mentioned herein read with the privacy policy available at https://svaaswellness.com/privacy-policy (“Privacy Policy”) along with any specific terms of usage for the Svaas Products shall be collectively known as the Terms and Conditions. Before you decide to access the Svaas Platform and/or avail the services made available through the Svaas Platform. These Terms and Conditions (or “Agreement”) is an agreement between you (the “Individual/Patient/Caregiver/ Beneficiaries”, Corporates collectively referred as “User”/ “you”/”your”) and Svaas Wellness Limited in connection with your visit and your use of Svaas Products offered by Svaas through the Svaas Platform. The said terms and conditions shall also apply to any product offered through the Svaas website and/or mobile application.

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

You must be 18 years of age or older to register, use the Svaas Products, or visit or use the Svaas Platform in any manner. By registering, visiting and using the Svaas Platform, you represent and warrant that you are 18 years of age or older. You, being the primary subscriber of the Svaas Products state that on behalf of yourself and your identified Beneficiaries, you have the right, authority and capacity to use the Svaas Platform and/or avail the Svaas Products made available through the Svaas Platform for yourself and the Beneficiaries and that you agree to abide by the terms mentioned herein.
You acknowledge to be bound by the Terms and Conditions mentioned herein for availing any of the Svaas Products offered by Svaas. If you do not agree with any part of the terms and conditions, please do not use the Svaas Platform or avail any Svaas Products.
The content and offerings on the Svaas Platform may change from time to time, at the sole discretion of Svaas, and this Terms and Conditions will apply to all visits, and use of the Svaas Platform to avail the said Svaas Product and/or offerings.
Use of Svaas Platform is not appropriate for emergencies. If you think you have a potential or actual medical emergency, or if at any time you are concerned about your treatment, please visit your nearest clinic or hospital.
The Svaas Platform or its content thereof does not endorse or promote self-medication. Self-medication can be hazardous and harmful hence all products under drug license should be consumed or used only under supervision of a registered medical practitioner.
Svaas reserve the right to modify or terminate any portion of the Svaas Platform, Products services and offerings, and the terms hereof for any reason and at any time, and such modifications shall be automatically updated. You should read the terms and conditions at regular intervals. Your use of the Svaas Platform following any such modification constitutes your agreement to follow and be bound by the revised terms.
Your access to use of the Svaas Platform and the Svaas Products will be solely at the discretion of Svaas.
Any offerings by Svaas through this website is limited to the territory of India and is only available to Indian citizens.

2. TERMS OF USE APPLICABLE TO ALL USERS

The Svaas Platform is owned, operated and managed by Svaas whereby Svaas through its network of doctors and hospitals and other third party healthcare service providers endeavour to provide a host of healthcare services to any User who avails the Svaas Products and/or the services mentioned on the Svaas Platform.
The Svaas Platform provides you with a host of different product plans that can be availed by you depending on your requirement, only after due payment made on the Svaas Platform. As an introductory offer, Svaas also offers a free health counselling that you may avail to get a preliminary understanding of Svaas’s offerings.
You on behalf of yourself and the Beneficiaries understand and agree that by consenting to avail/purchase Svaas Products and/or offerings, you have read and understood the contents of this Agreement, and freely provide the declarations stated below:

All the information and declarations provided by you to Svaas Wellness Limited are provided voluntarily and are true, accurate and complete to the best of your knowledge and information, and that you have read the terms of this Agreement and agree to be bound by them.
If you want to opt for a self-assessment from our Platform and/or any of the other Svaas Products, your interaction with any of our counsellors for any health and wellness counselling shall be based on the information provided by you about yourself.
By opting for the Svaas Products and/or services , you freely consent to Svaas Wellness Limited and/or any other relevant hospital, or such similar provider, establishment, or clinic (who at any time has attended to you and your other family members through Svaas in the past or present concerning anything which affects your physical and mental health) for providing it with your medical information and records for the purpose of reviewing your eligibility for availing the Svaas Products and the provision of any services thereunder.
You understand and agree that any self- assessment report, recommendation that gets generated by our counsellors through the Products and/or the services opted by you, shall be solely based on the information provided by you and must not be construed by you as a cure, treatment diagnosis of any condition that you may have informed our counsellor of.
You hereby grant Svaas the permission to verify your identity through your Aadhaar Card number and other Government issued identification and obtain access to your credit score from any credit information company, in accordance with applicable law.
You hereby authorise Svaas to process, use, store, disclose and transfer any information, including medical information, as is made available by you or the relevant hospital or such similar provider, establishment, or clinic, for the sole purpose of providing and improving its services, fulfilling its contractual obligations to you, billing, conducting background screening, investigations, claims assistance for your insurance, and carrying out any other activity related or incidental thereto, subject always to the requirements under the Information Technology Act 2000 or any other applicable law in force.
Svaas and its partners do not guarantee the accuracy of the medical treatment availed through the Svaas Platform. If a patient avails online consultation, the advice provided by the doctor through online consultation is subject to the limitations of an online platform and the doctor may require you to visit him / her physically at the clinic.

You understand and agree that any Svaas Product and/or services availed through the Svaas Platform or through third party platforms whose link is provided at the Svaas Platform, shall be availed by you solely at your discretion. Any services availed at or through a third party platform will be governed by the terms of such third party platform.
You must always act in accordance with the medical advice received from a healthcare practitioner. Svaas itself does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or any specific medical advice. Svaas’s role is to merely enable easy access of doctor consultation (whether physical/ teleconsultation) for better health outcomes without any access to or influence over such consultation and without liability or obligation of any nature whatsoever, to you. If you opt to connect with a medical practitioner displayed on our Svaas Platform, your interaction with the medical professional will be in an individual capacity and Svaas shall not be responsible for the quality, conduct, professional services and interaction with the doctor except for facilitation of appointment and ensuring that the consultation is provided to you by the doctor in accordance with your subscription plan.
You agree that Svaas is merely acting as a facilitator between you and the other independent third party heath service providers and neither acts as your insurance partner nor as a clinical establishment having the obligation and/or the intent to provide such services. Any subscription fee paid to Svaas is only towards the facilitation of such services by independent third party service providers and not for providing the services on its own.
Any pharmacy and/or diagnostic services made available through the Svaas Platform to you is through a network of independent third party service providers. Svaas itself does not sell any medicine or diagnostic services. Svaas’s role is to merely enable easy access of medicines and diagnostic tests through its broad network of third party partners at a discounted rate to the patients for better health outcomes without any service / performance liability or obligation of any nature whatsoever, to you. If you opt to buy medicines and avail diagnostic laboratory services through the service providers listed on the Svaas Platform, you must mandatorily use the Svaas Platform to make the payment to avail such discounts. Svaas shall not be responsible for the quality, conduct, professional services and interaction with the pharmacy/ laboratory except for facilitation of the service and ensuring that the pharmacy and/or diagnostic services is provided to you by the partner in accordance with your subscription plan.
While Svaas takes reasonable steps to ensure that the credentials of all third party partners of the Svaas Platform including doctors associated with it are verified, Svaas make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided by the third party service providers and/or the doctors listed on the Svaas Platform.
Although Svaas has attempted to provide accurate links and up-to-date information, no guarantee is made to this effect. The use of this Svaas Platform is voluntary and the use of any information provided on this Svaas Platform is at your own risk. Svaas disclaims all liability in respect of anything done or not done pursuant to the information supplied on this Svaas Platform, to the fullest extent permitted by law. Svaas makes no representations on the accuracy or completeness of the information on this Svaas Platform or obtained by following any link through this Svaas Platform and will not be liable for any losses, damages, injuries from the display or use of the information furnished herein. In no event, Svaas shall be liable to the User or anyone else for any decision made or action taken by the User or anyone else on basis of the information provided on the Svaas Platform. No medical, legal or any other decision shall be based solely upon the information provided through Svaas.
You shall not use the recommendations, self- assessments reports obtained through the Svaas Platform for self –medication unless validated by a registered healthcare practitioner. Also, you must not consider the reports, assessment reports generated through any counselling services availed on this Svaas Platform as a cure, diagnosis and/or treatment of your condition.
The Svaas Platform and the Svaas Products are not meant for emergency healthcare. If you are facing a medical emergency (either on your or another person’s behalf), please contact a nearby medical practitioner, ambulance service or hospital directly.

3. PAYMENT, FEES AND TAXES

You as the purchaser agree to pay all subscription fees applicable to your use of Svaas Products and services and can be executed through different means including (but not limited to) credit and debit cards, third-party payment services, payment wallets and gateways and in some cases cash for e.g. when you are buying medicines from an offline store. The subscription fee and/or the discount available for availing pharmacy and/or diagnostic products is dependent on the Svaas Product that you purchased from Svaas Platform.
If you are a Corporate user, the mode of payment of the subscription fees shall be governed by the agreement entered between you and Svaas.
The charges for any Svaas products or services may attract taxes, cess or any other charges as levied by competent authorities in a given region. These additional charges shall be borne by You and shall be paid at the time of purchase. You shall be solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Svaas is in no way responsible for any of the taxes except for its own income tax.
All Users must pay the subscription fees online through the applicable facility made on the Svaas Platform, as available from time to time unless agreed otherwise in writing. Each User understands and agrees that Svaas uses third party payment gateways and support services to process online fee payment. Svaas is not responsible for any loss or damage caused to any User during this process as these third parties are beyond the control of Svaas. You are responsible for providing valid payment information (for any of the payment means including but not limited to those mentioned above) at the time you purchase any Svaas plan, products and services.
Svaas reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Product or service at any time.
In order to process the payments, Svaas and/or third party payment partners may require the details of your bank account, credit card number, etc. You agree that Svaas may pass your payment information and related personally identifiable information to its designated third party payment providers for their use in charging you for appropriate services utilized. The ultimate responsibility of payment lies with you.

4. DATA PRIVACY

By use/access of the contents the Svaas Platform, you authorise Svaas Wellness Limited to collect, store and use the personal information provided by you about yourself and/or your beneficiaries and/or collected from third parties across the world or publicly available professional information about you in an encrypted form to personalize the information we deliver to you, to complete any identity verification, to respond to any communications from you, to administer your use and access to the Svaas Platform and to any external links herein or to analyse or predict aspects concerning your interests, behaviour etc. You also hereby consent to our use of your personal information provided by you or accessed by us from your use of the Svaas Platform to (a) improve our Platform, mobile application and the Svaas Products; (b) carry out research on User demographics; (c) audit the downloading of data or consumption of content available herein; (d) to contact you or to send your information that may be useful or of interest to you or beneficial to you; (e) for use in our legitimate business purposes, such as data collection and analysis, audits, developing new products, and enhancing and improving our , products or services; or (f) to develop and/or maintain relations and communications with you, to provide you with the status/details/other information about our products and services, to organize the approval, processing and signing of contracts, acts, invoices and other contractual documentation, to promote our new products, works and services, to confirm the high level of our products and services, to invite you to the meetings, events and organize them. You hereby agree to our sharing of your personal information to our third party vendors or service providers including our technical helpdesk or call centre operations and allow us to permit our affiliates or our select third parties to provide information on products or services that may be useful to you or of interest to you.
As a registered member, you give us and our partners’ permission to send you emails related to the new content uploaded on the Svaas Platform from time to time. If you are unwilling to receive these e-mail notifications, you can simply indicate your preference by clicking the Unsubscribe button in your email notification.
We may disclose aggregate statistics about visitors to the Svaas Platform, subscription to or other viewing or downloading of contents herein in order to describe our services to prospective partners, investors, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these will not include any personally identifiable information.
You are responsible for maintaining the confidentiality of your account and all the communication shared by Svaas with you via Svaas app, sms or email. You must immediately notify Svaas in case your account is compromised. You are not permitted to allow any other person or entity to use your identity for using any of Svaas’s Platform / services.
You may add Beneficiaries (if permitted by the subscription plan) to your account on Svaas Mobile Application. If you seek to consult and/ or access your Beneficiaries records through your Svaas account, you are responsible for the records of your nominated Beneficiaries and all obligations that your Beneficiaries would have had, had they maintained their own individual Svaas account. If you believe that someone has used your personal details without your permission or attempted to impersonate you to gain access to our Svaas Platform, do let us know immediately by contacting us through this web site or by writing to us at dataprivacy@svaaswellness.com
In case of non-compliance with any applicable laws, rules or regulations, or the terms mentioned herein (including the Privacy Policy) by a User, Svaas has the right to immediately terminate the access or usage rights of the User to the Svaas Platform.

5. COPYRIGHT

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

The terms of the Svaas offerings through the Svaas Platform is governed by the laws of India and the courts at Hyderabad shall have exclusive jurisdiction over any disputes arising out of or in relation to the use of the Svaas Platforms and/or the Svaas products and/or services or the information to which it gives access.By proceeding to use the Svaas Platform and accessing its contents, you agree that you have read and fully understood the above and that you agree to abide by the foregoing as a condition of your use and access to this Svaas offerings We use cookies to enhance your experience. By continuing to visit this Svaas Platform you agree to our use of cookies.

TERMS OF USE

1. GENERAL

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.

1.2 The terms of this EULA incorporate by reference Svaas’s Privacy Policy (“Privacy Policy”) as set out at https://svaaswellness.com/privacy-policy . By using Svaas, you agree to be bound by the Privacy Policy.

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.

2. ACKNOWLEDGEMENTS

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.

2.2 You will need to make Your own independent judgment regarding Your (i) direct interaction with any third-party landing pages/ websites/ applications where Svaas redirects You; We assume no liability for the same and Your correspondence with any third party service provider including payment facilitators found on Svaas Platform. All dealings between you and such third party through the Svaas Platform shall be solely between You and such third party. We urge you to refer and review the terms of use, warranties and license agreements of such third-party service provider’s websites, applications and other landing pages that you interact with.

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.

2.4 For Svaas Platform to provide optimum End User experience, we may collect and/or obtain certain End User information (including device-related information, IP address, location data etc.). All such End User information shall be collected, used and processed in accordance with the provisions of the Svaas Privacy Policy. The Svaas Privacy Policy explains how we collect, use and share Your data when You use Svaas Platform.

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

is used only for the purpose of achieving inter-operability of Svaas Platform with another software program;
is not disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the Svaas Platform;

(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

You must:

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

You must:

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.

10. TERMINATION

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.

11. INDEMNITY

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 dataprivacy@svaaswellness.com.

13.2 MISCELLANEOUS: This EULA and the Privacy Policy represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Svaas reserves the right, at its discretion, to change, modify, add or remove portions of this EULA provided that in case of any material changes which impacts the rights and obligations of the End User. Subject to requirements of express consent under any applicable data privacy laws which we comply with, your continued use of the Svaas Platform after we make changes is deemed to be acceptance of those changes, so please check the applicable EULA and/or policy(ies) periodically for updates. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.

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.