Terms & Conditions
The Terms of Use (this “Agreement”) are a legal agreement between you (“you”) and Femverse Healthcare Solutions Private Limited.(“kynd,” "heykynd", "hey kynd", “we” or “us”) for use of the kynd mobile application, the website (heykynd.com), and all related services, features and content offered by the Company.
By logging in, or using the Application, You agree to be bound by these Terms, the Privacy Policy including any additional guidelines and future modifications. If You find any of these Terms or any provisions of the Privacy Policy unacceptable, do not tender Your acceptance to use the Application or any of its features. You acknowledge that the Company is providing You with a revocable, limited, non-exclusive, and non-transferable license to use the features of the Application.
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
When You use the Application You will be subject to these Terms of Use. We may update these Terms of Use from time to time and will notify You as and when We do so. Please ensure You read our Terms of Use and any updated version when You use the Application. Company and You may be individually referred to as a “Party” and collectively as “Parties”, as the context may require.
Acceptance of Terms
These Terms set forth a legally binding contract between You and Us. By using the Application, You agree to be bound by these Terms. Even if You only visit this Application or review any of the services offered by Us, You will be bound by these Terms. If You do not accept these Terms You must not use the Application.
For 18 and above
To accept these Terms, You must be at least 18 (eighteen) years of age or such other older legal age as is required in Your jurisdiction to form a legally binding contract in Your jurisdiction.
For minors below 18
In the event that You are below 18 (eighteen) years of age or such other older legal age as is required in Your jurisdiction to form a legally binding contract, please ensure that Your guardian accepts these Terms and has read and understood the provisions of the Privacy Policy on Your behalf.
1.1 In consideration of Your use of the Application, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You also agree to:
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provide true, accurate, current and complete information about Yourself as prompted on the Application;
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maintain and promptly update Your data to keep it true, accurate, current and complete.
1.2 If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of the Application (or any portion thereof) at any time.
1.3 You may access the Application as available for Your personal use.
1.4 You will be required to enter a valid phone number while registering on the Application. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, and/or e-mails, in case of any subscription/service updates.
Usage Limitations
In order to fully access and utilise the services offered by the Application, it is necessary to download the app from the Google Playstore, Apple app store and complete the phone number verification process. It is imperative to note that, without limitation to the aforementioned, if you are legally prohibited from undertaking binding obligations under the Indian Contract Act, 1872, or if, for any reason, you are unable to provide 'Consent' in accordance with the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are ineligible to register for, use, or avail the services provided by the Application.
Moreover, in addition to other stipulations within these Terms, you are prohibited from using this Application for any unlawful or prohibited purpose as specified by these Terms and/or any additional applicable terms. Your access to this Application may be promptly terminated at our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason at all.
Intermediary Application
The application serves as a platform to provide individuals information and knowledge about menstrual and reproductive health spanning from the onset of menstruation to menopause. The application is designed for use on mobile devices. By monitoring the cyclical changes in your body, you can identify patterns, enhance your overall well-being, and recognize deviations from your personal norms. The application also connects Patients and Practitioners, facilitating their interactions and transactions. We function as intermediaries, presenting to the End User/Patients Practitioners deemed most suitable for their requirements based on the Content provided to us or updated on the Website/Mobile Application, or applications developed on it, by Practitioners and End Users. This Content encompasses details related to the Practitioner's area of specialisation, expertise, experience, availability, and geographic location.
However, if a User decides to engage with a Practitioner presented/identified/listed by us, for any purpose whatsoever, such as posing a question, seeking medical advisory services, exchanging Patient information, charts, DICOM Images, or scheduling appointments, it is crucial to note that we are not involved in or liable for such interactions.
Medical/Health Services Disclaimer
1.1 Any information provided to You through this Application, including, but not limited to, any predictions, and/or advice should not be treated as medical advice, diagnosis or treatment.
1.2 kynd does not endorse any Practitioners displayed/available through the Application.
1.3 kynd assumes no liability for the consequences of using the application to transmit User’s medical/personal data to any other User, including but not limited to loss of data, device malfunctions, or other errors.
1.4 kynd is an application utilized by Practitioners to promote their services. By using kynd, the User acknowledges that kynd does not endorse any Practitioner's services.
1.5 The Company shall not be held responsible for any reason whatsoever, if You use this website Application as a method of self-diagnosis or treatment. The purpose of this Application is to keep track of Your Menstrual Health according to the dates and symptoms entered by You.
1.6 Any modification, development, maintenance, or updating of the Application, as well as any modification, transfer, license, or assignment of the rights in the Application, will be carried out at the sole discretion of kynd.
1.7 The Application and Services provided by kynd are provided "as-is," as available, and without any warranties or conditions (express or implied). kynd disclaims all liability arising from the User's use or reliance upon the Application, the Services, the kynd Content, representations and warranties made by kynd, or any opinions or suggestions given by kynd or its contractors and agents (including Practitioners).
1.8 Specifically, kynd disclaims any liability arising from:
i. Pre-existing medical conditions;
ii. Adverse drug reactions;
iii. Sudden escalation of prior medical conditions or medical situations resulting from the omission of critical health information by a User.
1.9 You acknowledge that the open and real-time nature of the platform makes it impossible for kynd to vouch for the validity, authenticity, and honesty of user content. kynd is not responsible for any user content on the application or for the consequences of reading or relying on such content.
1.10 kynd does not guarantee the sending of any communication, notification, or reminder to you, whether as a feature of the application or not.
1.11 kynd shall not be responsible or liable for any breach or loss of data, including personal information, caused by events beyond its control due to technical reasons or third-party actions.
1.12 You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, including insufficient information for appropriate medical decision-making, potential inability to provide emergency care, delays in evaluation and treatment, security protocol failures leading to breaches of privacy, and lack of access to complete medical records.
1.13 A lack of guaranteed results from the Services provided by kynd, Practitioners, and authorised representatives; improvement or worsening of the User's condition may occur.
1.14 It is expressly clarified that the information obtained or received from kynd is for informational and personal use only. We provide no guarantees, representations, or warranties, whether expressed or implied, regarding professional qualifications, work quality, expertise, or other details pertaining to the Practitioners featured on the Website.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. KYND IS NOT INTENDED TO SUBSTITUTE FOR EMERGENCY MEDICAL CARE.
1.15 PLEASE NOTE, THE COMPANY, ITS OFFICERS, AND EMPLOYEES ARE NOT QUALIFIED TO GIVE MEDICAL ADVICE OR PROGNOSIS AND WE DO NOT GIVE ANY SUCH MEDICAL ADVICE. IT IS NOT INTENDED TO REPLACE MEDICAL ADVICE, PROGNOSIS, TREATMENT OR A REPLACEMENT FOR MEDICAL CONDITIONS, ILLNESS, CONTRACEPTIVES OR CONTRACEPTION ADVICE OR BIRTH CONTROL METHOD.
1.16 You expressly waive and release any claim that You may have against the Company or its directors, employees, healthcare experts, agents, contractors, affiliates and representatives at any time for any health concerns issues of any kind that You may experience as a result of Your use of the Application.
1.17 The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Application. Reliance on any information provided by the Company, employees, others appearing on the Application is solely at your own risk. The Application and any content on it is provided on an “AS IS” basis.
Online Consultations
It is advised not to use online consultation services in cases of medical emergencies such as accidents, bleeding injuries, burns, sexual abuse/assault, medico-legal cases, or critical conditions.
The Services provided are not a substitute for emergency care available at hospitals and should not be accessed in critical conditions. In the case of a Medical Emergency, as defined herein, users are advised to contact emergency services or rush to the nearest hospital. A "Medical Emergency" is defined as a serious and unexpected situation involving illness or injury that requires immediate medical attention, posing an imminent threat or risk to life, potentially leading to death without prompt medical intervention.
Online consultation services are offered with the express consent of the user and should not be considered a replacement for physical consultations; they are intended for general consultation purposes only. If diagnostic tests are recommended or a prescription is issued after an online consultation, it is important to note that these are based on information and preliminary examinations. Therefore, they should not be treated as entirely accurate, final, or conclusive. Practitioners reserve the right to modify prescriptions or recommended tests if the user provides additional information in future consultations.
Users must ensure that any interaction or communication with Practitioners, including sharing images or videos of body parts, occurs solely through the Application. Users are discouraged from relying on external modes of communication for interactions or communication with Practitioners.
User's Obligations
The User agrees to fulfill the following obligations, and failure to do so grants us the right to permanently suspend your account and/or claim damages for any losses or additional costs incurred by us:
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You certify that you are a woman at least 18 years of age, and violation of these conditions may result in appropriate legal action.
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You agree to comply with all local laws and regulations governing the downloading, installation, and/or use of the Application, including any usage rules set forth in this Agreement.
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If a minor accesses or uses the Application or Service, you will ensure that such access or use occurs through your account and under your personal supervision. You accept accountability and liability for the minor's activity on the Application, including the Services availed.
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All registration information you submit must be truthful and accurate, and you agree to maintain the accuracy of such information.
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You will use the Application solely for personal and non-commercial purposes; any other use is strictly prohibited.
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Search results for Practitioners on the Website should not be considered an endorsement by kynd of any particular Practitioner. Engaging with a Practitioner for medical services is done at your own risk.
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kynd is not involved in providing healthcare or medical advice or diagnosis and is not responsible for interactions between you and the Practitioner. You acknowledge that kynd will not be liable for:
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a) User interactions and associated issues with the Practitioner;
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b) the ability or intent of the Practitioner(s) in fulfilling their obligations towards Users;
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c) any wrong medication or quality of treatment given by the Practitioner(s), or any medical negligence on the Practitioner(s) part;
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d) inappropriate treatment or any inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
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e) any misconduct or inappropriate behavior by the Practitioner or their staff;
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f) cancellation or no show by the Practitioner or rescheduling of booked appointments or any variation in fees charged, provided these are addressed under the kynd Guarantee Program.
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Users are permitted to share feedback regarding their experiences with the Practitioner, but it is crucial that such feedback complies with applicable laws. However, Users acknowledge that kynd is not obligated to take actions to implement the content of Users' feedback, such as suggestions for delisting a specific Practitioner from the Website. Despite the above, kynd assumes no responsibility for any drugs/medicines prescribed or therapies recommended by the Practitioner
Services
1.1 To avail any services offered by the Company, You will have to register with the Application to create Your account. You may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, phone number, birth date, and e-mail address.
1.2 The Company offers You a technology platform via the Application which facilitates You to update Your information to help You track Your menstrual health symptoms, flow duration and also assist you with suitable notifications contingent to the information update by You.
1.3 The Company does not guarantee the consistency or the stability of the Application. Further, any services provided by the Company may be subject to change at the discretion of the Company, and the Company does not require Your permission for the same.
1.4 kynd gathers, directly or indirectly, and presents on the Application pertinent details concerning the profiles and practices of listed Practitioners. This information includes their specialization, qualifications, area of practice, experience, fees, location, visiting hours, and similar particulars. While we make reasonable efforts to ensure the accuracy and regular updating of such information, we disclaim any responsibility for inaccuracies or incompleteness in Practitioner Content displayed on the Application.
1.5 The Application also automatically syncs the data entered by You to Your registered e-mail address.
1.6 The Application allows You to password protect it, in the event that You wish to do so.
Refunds, Cancellations, Disputes, and Chargebacks
a. No cancellations or refunds are allowed in Kynd.
b. In exceptional cases, users may request a refund for a purchase by emailing care@kyndhealth.com, providing a clear and specific reason, and outlining the violated terms. The Company will decide on refund requests at its sole discretion, and such requests must be submitted within 30 days of purchase.
c. If a customer paid through a third-party EMI provider like Simpl, Axio, or a bank, they are responsible for subsequent payments as raised by the lender. Kynd is not responsible if the customer chooses to discontinue services.
d. For customer plan cancellations purchased via EMI, kynd will facilitate refunds (if applicable) following the relevant refund policy. The customer should check with the respective bank/issuer offering the EMI for information on how cancellations or refunds affect EMI terms and any associated pre-closure or interest charges.
e. The EMI facility is offered by respective banks to the customer, and Kynd has no role in its approval, extension, pricing, modification, pre-closure, closure, or related matters, which are decided solely by the bank/lender.
f. The EMI facility is subject to the terms and conditions of each bank/lender, and customers are advised to contact the bank/lender for any complaints, disputes, or inquiries about an EMI transaction.
g. kynd is not liable for any disputes related to the EMI facility offered by respective banks/issuers.
Password security & carrier charges
If You download the Application, You may be required to choose a password, passcode, and nick name. You are responsible for maintaining the confidentiality of Your password, passcode and account information, and are fully responsible for all activities that occur under Your password, passcode or account. If there is any compromise on Your password and/or Your passcode You can change Your password and or passcode using the ‘forgot password’ and/or ‘forgot passcode’ functionality.
Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.
Prohibited Conduct
You agree that You shall not use the Application in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material:
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in violation of any applicable law or regulation;
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in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
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that belongs to another person and to which the user does not have any right to;
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that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
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harm minors in any way;
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deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
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impersonate another person or entity;
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contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s computer systems or site or the Company’s users, customer’s computer systems or site;
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threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
If You become aware of misuse of the Application by any person, please contact support@heykynd.com
Termination of Account
You agree that the Company may at any time and for any reason, terminate Your access to the Application, or restrict or suspend Your access to all or any part of the Application at any time, for any or no reason, with or without prior notice, and without liability. If there is a suspicion of untoward or illegal activity, we may suspend Your account immediately.
Preservation/Disclosure
You acknowledge, consent and agree that the Company may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
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comply with legal process nationally or internationally;
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enforce this Agreement;
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respond to claims that any Content violates the rights of third parties;
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protect the rights, property or personal safety of the Company, its users and the public; or
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pursuant to the terms of the Privacy Policy (http://heykynd.com/terms-and-privacy-policy/).
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we may use Your information to reach You for marketing or promotional purposes through any channel.
Security Components
You understand that the Application and software embodied within the Application may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Application.
Your use of the application
All materials on the Application, including, without limitation, names, logos, trademarks, images, text, columns, graphics, graphs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by the Company. You acknowledge and agree that all Material on the Application is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in the Application, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Company’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Application or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
Links to Third Parties
Our Application may contain links to other apps or websites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their applications or websites. The Company does not assume any responsibility or liability for the actions, product, and content of any such applications or websites. Before You access or visit any third party applications or websites, You should review the applicable terms of use and prevailing policies for such applications or websites. If You decide to access any such third party platform, You do so at Your own risk.
International Use
Due to the global nature of the Internet, You agree to comply with all applicable local (Indian) laws and regulation rules regarding use of the Application. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which You reside.
Trademark, Copyright and Restriction
1.1 The Application is proprietary software developed and made available exclusively by the Company. The Company is the sole owner of the Application, and all software created to make the Application available to You. The Company provides You with a single limited license to download, use and access the Application on Your mobile telephone devices for the limited purpose of using the services. The license is specifically personal, non-transferable, and non-exclusive. All content on the Application, which is including, but not limited to, designs, text, graphics, graphs, images, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of the Company.
1.2 All icons and logos are trademarks of and proprietary to the Company. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
1.3 All Content is the exclusive copyright of the Company or its licensors, except the Third Party Content and link to third party apps or websites. Systematic retrieval of the Company’s Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the Company is prohibited. In addition, use of the Content for any purpose not expressly permitted by the Company in these Terms is prohibited and may invite legal action.
1.4 All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Application is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the Company, modification of the Content, use of the Content on any other website, Application or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is commercial use for the purposes of these Terms.
1.5 The Company respects the intellectual property of others. In case You feel that Your trademark or copyright has been infringed, You can write to us at info@heykynd.com.
Terms and Termination
1.1. These Terms of Use shall remain in full force and effect for so long as You use the Application. You may delete Your account at any time, for any reason, by following the instructions on the Application. The Company however does not offer any refunds.
1.2 The Company reserves the right to terminate the services or the Application without prior notice. Your account or Your access to the Application maybe terminated immediately, with or without notice to You, and without liability to You, if the Company believes that You have breached any of these Terms, the Privacy Policy, or any false or misleading information, or interfered with use of the Application by others.
1.3 The Company reserves the right to cancel delete or deactivate Your Account, if it believes the same has been compromised, or is being used fraudulently, at its own discretion.
Disclaimer of Warranties and Liability
1.1 All Material on this Application, (including but not limited to software) and services, included on or otherwise made available to You through this Application are provided on “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
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The Application will be constantly available, or available at all; or
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The information on the Application is complete, true, accurate or non-
1.2 The Company will not be liable to You in any way or in relation to the Material, or use of, or otherwise in connection with the Application. The Company does not warrant that the Application, information, content, materials, product (including software) or services included on or otherwise made available to You through the Application are free of viruses or other harmful components.
1.3 Nothing on the Application constitutes, or is meant to constitute, advice of any kind.
1.4 SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES’, OR ITS AGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE AFORESAID SERVICES SHALL EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY THE COMPANY FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.
Exclusions and Limitations
Those who access or use the Application from other jurisdictions do so at their own volition and are responsible for compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You; all other provisions of these Terms remain in full force and effect.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
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Your use of and access to the Application;
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Your violation of any Terms and the Privacy Policy contained herein;
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Your violation of any third party right, including without limitation any copyright, property, or privacy right.
Additional Terms
1.1 We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Application, to obtain certain premium Content through the Application, or for other reasons. These additional terms are part of this Agreement, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
1.2 We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the service or any of the Application (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Application.
1.3 This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
1.4 This Agreement together with the Privacy Policy and any other legal notices published by the Company on the Application, shall constitute the entire agreement between You and the Company concerning the Application and governs Your use of the Application, superseding any prior agreements between You and the Company with respect to the Application.
1.5 The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
1.6 These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Hyderabad.
Grievance/Feedback
In case of any grievance arising from the use of the App, please contact the support. The contact details of which are set forth below: