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Terms and Conditions

  1. INTRODUCTION

 

  1. This application under the brand name “Instamed” (“Application”) is operated by Anahad Pharma Private Limited, a company incorporated and existing under the Companies Act, 2013 and having its registered office at North Delhi DL 110009, IN (hereinafter referred to as “Instamed” or “us” or “we” or “our”). These Terms (as defined hereinbelow) were updated as on 26th of November 2021[l1] .

 

  1. These Terms of use (“Terms”) govern the terms of usage of our Application. These Terms constitute an electronic document published in accordance with the provisions of the Information Technology Act, 2000 (“Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”), as amended from time to time.

 

  1. Instamed provides an e-commerce platform to facilitate, as an intermediary, delivery of pharmaceutical drugs and other pharmaceutical products (“Medicines”) from the third-party pharmacies (“Vendors”) to the Users (as defined hereinbelow) based on location services. The Application enables the Users (as defined hereinbelow) of the Application to replace the trip to local stores and get the Medicines delivered to them on-demand by providing a valid prescription from a doctor/ physician (“Prescription”). (“Service(s)”)

 

  1. GENERAL

 

You can determine when these Terms were last revised by referring to the date provided in Clause 1.1. Instamed reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing the Application, you agree that you are using the Application solely at your discretion and in no way did Instamed induce or invite or solicit you to visit the Application. You should not modify or edit or alter or use any content from the Application in any manner to hamper the position of Instamed.

 

  1. ELIGIBILITY AND CONSENT

 

  1. By accessing the Application, the user(s), or the parent/legal guardian of the user(s) who are Minors (as defined hereinbelow) (“User” or “Users” or “you” or “yours”), acknowledge that they have read, understood and agree to these Terms.

 

  1. If the Users are minors, i.e. under the age of 18 years (“Minors”), such Minors must use the Application under the supervision of a parent or a legal guardian who agree to be bound by these Terms.

 

  1. It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.

 

  1. USE OF APPLICATION

 

  1. Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Application, which allows you to access and use the Application on computer, mobile and tablets (“Devices”) that you own or control. You may use the Application on the Devices solely for your own personal and non-commercial use.

          The website serves as a technology platform for the purchase of pharmaceutical products, including drugs, nutraceuticals, Over the Counter (OTC) items, wellness products, and services provided by third-party retail pharmacies ("Retail Pharmacies"). The company and the website solely offer hosting and technology intermediary services to you and other users browsing or visiting the website.

 

All products listed for sale on the website, along with their content (such as product descriptions and images), are provided by the Retail Pharmacies and constitute third-party content describing third-party products and services. The company has no control over such third-party user-generated content, products, or services. The company does not create, initiate, or select the transmission or the information contained in such transmissions.

 

The authenticity, accuracy, or genuineness of the products and services provided by the Retail Pharmacies through the website are the sole responsibility of the Retail Pharmacies. The company bears no liability regarding the authenticity of the products and services facilitated through the website. The company does not represent or warrant the legal title of the products and services offered for sale by the Retail Pharmacies on the website.

 

Ownership of the products sold through the website does not transfer to the company, and the company holds no obligations or liabilities regarding any transactions made on the website.

 

  1. Application:  

 

  1. The Application is compatible with Android and iOS. The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, and Application updates from Instamed, your mobile carrier or third-party service providers.

 

  1. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Application.

 

  1. The Application may not work with all Devices or all mobile carriers. Instamed makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fee is charged for the Application, or other third party service providers charge fee for the products they provide, you agree to pay such fee to the respective party in exchange for your continued use of the Services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

 

  1. Instamed shall not be obligated, at any point of time, to provide workable service for any Devices that are not recognized by Instamed or those devices that may be purchased from any third-party which are not compatible with the Instamed ’s Application.

 

  1. Further, Instamed reserves the right to upgrade the Application from time to time to provide its Services in the best possible manner.

 

  1. Third-Party Links:

 

  1. The Application may contain links to websites or applications offered by third parties, including advertisements and promotions (“Third-Party Sites”). We do not control or promote use of Third-Party Sites. Your use of any Third-Party Sites is entirely at your own risk and we are not responsible for any of the consequences faced by you for using these Third-Party Sites. We are not responsible for the practices employed by any websites or service linked to or from our Application, including the information or content contained within them. Instamed does not make any representations concerning the privacy practices or policies or terms of use of such Third-Party Sites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, promotional advertisements or other materials available on such Third-Party Sites. The inclusion or exclusion does not imply any endorsement by Instamed of the Third-Party Sites, the Third-Party Sites’ provider, or the information on such Third-Party Sites.

 

  1. Our Application may contain third-party content which may have opinions and views from third-parties. Instamed shall not be responsible for such opinions or any claims resulting from them. Such contents from the third-parties have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third-party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third-party shall continue to vest with such party and you agree and acknowledge that Instamed shall not be liable and in no way be held responsible for any claims arising therefrom.

 

  1. You hereby agree that Instamed has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application as it deems fit at any time without notice. Instamed makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that Instamed shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Application.

 

  1. USER ACCOUNT 

 

  1. To use certain features of the Application, you must set up an account (“User Account”) with Instamed on the Application and provide personally identifiable information about yourself including but not limited to, your name, gender, email address, account password, mobile phone number and billing/shipping address (“Personal Information”).

 

  1. All Personal Information and other information received by Instamed shall be protected in the strictest sense in accordance with the Privacy Policy (as defined therein) provided on the Application.

 

  1. If you choose to sign up, you agree to provide and maintain true, accurate, current and complete information about yourself. In addition to that you are responsible for any activity that occurs under your User Account. You agree to immediately notify Instamed of any unauthorized use of your User Account or any other breach of security.

 

  1. In the event, you fail to maintain and keep safe confidential information with regards to your User Account, Instamed will not be liable for any loss or damages as a result of such breach. If you suspect any unauthorised use of your User Account, you shall immediately notify Instamed by contacting on the customer number: 88222 88222 or email: care@instamed.in provided on the Application.

 

  1. It shall be your responsibility to keep your User Account up-to-date with the latest information in order to allow Instamed to communicate with you regards to the facilitation of the Services.

 

  1. TRANSACTIONS

 

  1. User Transactions 

 

  1. In order to use the Services provided by the Application, the User must have a User Account.

 

  1. Once you log into your User Account, you can place an order for the Medicines that you require. Instamed will require you to upload a valid Prescription for ordering certain Medicines that require prescription under applicable law. It is your responsibility to upload a valid and correct Prescription.

 

  1. Instamed shall not be responsible for the Services, in case of wrong information provided by the User or material information is not provided by the User. In addition to that, Instamed reserves the right to cancel any transaction initiated by you or on your behalf, if the doctor’s prescription is found to be false, inaccurate, and/or tampered with.

 

  1. By submitting such information, you grant to Instamed the right to provide such information to third parties for purposes of facilitating the completion of the transaction initiated by you or on your behalf. Verification of information may be required by you prior to the acknowledgment or completion of any transaction.

 

  1. All descriptions, images, references, features, content, specifications, and prices of services described or depicted on the Application are subject to change at any time without notice.

 

  1. Instamed reserves the right, with or without prior notice, to do any one or more of the following:

 

  1. discontinue any service;

 

  1. bar any User from making or completing any or all transaction(s); and

 

  1. refuse to provide any User with any Service.

 

  1. You agree to pay all charges that may be incurred by you or on your behalf on availing the Service through the Application. Further, the User also covenants to pay all additional charges that you may incur or may be incurred on your behalf from time to time while availing such Services.

 

  1. Instamed or our support team may call or message regarding your User Account or transaction(s). You agree that Instamed or its support team may, place such calls or messages using an automatic dialling/announcing device. You agree that Instamed or its support team may, make such calls or messages to a mobile or other similar device. You agree that Instamed or its support team may, for training purposes or to evaluate the quality of its service, listen to and record phone conversations you have with us through its customer service facility.

 

  1. Text Messages 

 

  1. Your carrier’s standard message rates will apply to your entry or submission message, Instamed ’s confirmation, and all subsequent text messages. In addition to this, other charges may apply. All charges are billed by and payable to your mobile service provider.

 

  1. Instamed will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

 

  1. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Instamed as part of this Service. Instamed may use this information to contact you and provide Services you request from Instamed and may use an automatic dialling system to deliver text messages to you.

 

  1. PRESCRIPTION POLICY

 

  1. It is mentioned in Clause 6.1 of these Terms that Instamed shall require the User to upload a valid Prescription for ordering certain Medicines that cannot be sold without Prescription under the applicable laws (“Prescription Medicines”).

 

  1. Vendors shall not dispatch Prescription Medicines without a valid Prescription.

 

  1. In addition to the above mentioned, the Vendors shall only dispense Medicines in a quantity which shall be mentioned on the Prescription.

 

  1. If you are ordering any Prescription Medicines provided on the Application, you agree and undertake to send us a scanned copy of the Prescription via e-mail, Whatsapp, or any other form of electronic communication. The acceptance of the Prescription by Instamed to process your order further shall be subject to the approval of the qualified support team.

 

  1. You hereby agree to provide authorization to the members of our support team to show your Prescription to an external doctor to verify its validity.

 

  1. You must seek professional advice from your physician before purchasing or consuming any medicine from the Application.

 

  1. Instamed disclaims all liabilities that may arise from a breach of this Clause 7. The User undertakes and agrees that he shall not hold Instamed liable for any loss or damages arising out of wrong medication, overdose, inadequate dose, among others administered to the you/the patient. In addition to that, Instamed will have no liability in the event that the User provides wrong/forged Prescription.

 

  1. TERMS OF SALE 

 

  1. When you place an order to purchase Medicines from Instamed, you will receive a notification confirming receipt of your order and containing the details of your order. The order confirmation e-mail is an acknowledgement that Instamed has received your order, and does not confirm acceptance of your offer to buy the Medicines ordered.

 

  1. Once you place an order on the Application, and upon acceptance, you will receive a unique tracking identity number once the Medicines are dispatched for delivery. The User may use the tracking identity number on the Application to check the status and location of the purchased Medicines and its estimated time of delivery. It is clarified that we engage third party pharmacies to effectuate deliveries of the Medicines and hence, we do not guarantee the accuracy or correctness of the tracking status and the status may be subject to inconsistencies arising out of time-lags in updating the information and/ or other technical difficulties which are not in our control.

 

  1. Instamed reserves the right to cancel any transaction upon its sole discretion without any liability to you.

 

  1. Instamed reserves the right to discontinue any program/offer available on its Application at any time.

 

  1. Instamed reserves the right, without prior notice, to limit the order quantity of any Medicines available on the Application.

 

  1. Instamed acknowledges and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by the Instamed and/or its affiliates.

 

  1. You understand that all Medicines shall be sold and dispensed by a Vendor registered on Instamed’s Application.

 

  1. TERMS OF DELIVERY 

 

  1. You can place an order for Medicines on the Application from your closest Vendor. The Application shows you the Vendor located close to your location by using your mobile’s location services.

 

  1. Once, you place the order through the Application and the Vendor accepts your order, the Vendor shall dispatch the Medicines ordered by you.

 

  1. The delivery of the Medicines shall be completed by the Vendor within 3 (three) – 5 (five) hours of acceptance of such order.

 

  1. The Vendor will make best efforts to deliver the Medicines in the provided timeline. However, such timeline is provided on an assumption basis and might vary depending upon the circumstances.

 

  1. Instamed disclaims all liability arising out of late delivery of Medicines. The User undertakes and agrees that he shall not hold Instamed liable for any loss arising out of late delivery and/or receiving any damaged, expired and/or sub-standard Medicines.

 

  1. MODE OF PAYMENT            

 

  1. Registration on the Application and the access thereof is free. You agree to make all payments directly to Instamed for the purchase of the Medicines through the Application.

 

  1. You agree and acknowledge that you shall not hold Instamed responsible for any loss or damage caused to you during the process, due to any acts or omission on the part the Vendors or the collection agents or for any actions/ omissions which are beyond the control of Instamed.

 

  1. Payment for the Services availed through the Application may be made by availing any of the following options (“Payment Methods”):

 

  1. Payments can be made by Credit Card/Debit Card /Net Banking/UPI

 

  1. User may make payments by way of Cash on Delivery/Credit Card/Debit Card/Net-banking

 

  1. While availing any of the Payment Methods, Instamed will not be responsible, whatsoever in any respect of any loss or damage arising to you directly or indirectly due to:

 

  1. Lack of authorization for any transaction; or

 

  1. Exceeding the present limit mutually agreed by and between you and your bank; or

 

  1. Any payment issues arising out of the transactions; or

 

  1. Decline of transaction for any other reasons.

 

  1. The payment made by you shall be inclusive of all taxes and other statutory fees (if any).

 

  1. We shall on a best effort basis make sure that the pricing and availability of Medicines on our Application is accurate. However, sometimes there could be an error on the pricing of a product or its availability. In you undertake and agree that you shall not hold Instamed liable for the any typographical errors and Instamed reserves the right to cancel the sale on its own discretion.

 

  1. The mere use of payment facility shall not render Instamed liable for the non-delivery of the ordered Medicines, breach of representations and warranties, or fraud caused by the Vendors in regards to the Services available on the Application. However, if the User has incurred a loss due to a direct fault attributable to Instamed, appropriate amount shall be refunded to the User. 

 

  1. The User accepts and agrees that the payment facility provided by Instamed is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment facility.

 

  1. To the fullest extent provided by applicable law, you acknowledge and agree that Instamed will not be liable for any actions or omission on the part of the Vendors.

 

  1. CONTENT

 

Instamed provides content on its Application which may be produced by us or by third-party. Instamed is in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. Instamed takes reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold Instamed liable for the falsification of any such provided information. In addition to that, no information provided on the Application must be considered as medical advice. In the event you have some questions regarding the Medicines or your own health, we encourage you to speak to your doctor or physician.

 

  1. INTELLECTUAL PROPERTY

 

  1. Unless otherwise agreed, you will not acquire any rights in any intellectual property on the Services or in their labels which include trademarks or brand logos and any such rights which you may by law acquire will be assigned automatically to Instamed. You agree not to remove deface or cover up any name plates, logos or trademarks appearing on the Services. Instamed owns all right, title, and interest in and to Instamed ’s registered and unregistered, domestic and foreign, trademarks, service marks, trademark applications, service mark applications, trade names, patents, patent applications, copyrights, copyright applications, discoveries, know-how and trade secrets of and relating to the Services, including any and all templates created by Instamed. No one may copy, reproduce, transmit, post, distribute or create derivative works from the Services without express, prior written authorization from Instamed. No rights are granted to you hereunder other than as expressly set forth herein.

 

  1. You may not decompile, reverse engineer, or disassemble the contents of the Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Services or remove any copyright, trademark registration, or other proprietary notices from the contents of the Services.

 

  1. You will not (a) use the Services for commercial purposes of any kind, or (b) advertise or sell the domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Services in any way that is unlawful, or harms Instamed ’s or any of its Representatives (as defined hereinbelow).

 

  1. AGREEMENT TO RECEIVE MAILS AND NOTIFICATIONS 

 

You by way of accepting these Terms consent to the receipt of communication from Instamed by way of e-mails, newsletters and Short Message Service (SMS) notifications. You expressly grant us permission to contact you in the abovementioned ways for updating you about our Services or for marketing or promotional purposes. You shall indemnify Instamed for any liabilities including financial penalties, damages, reasonable expenses if your mobile number is registered with Do Not Call (DNC) Database. If you do not wish to receive communication from Instamed by way of e-mails, newsletters and SMS notifications anymore, you can send an email to care@Instamed.in. 

 

  1. CONDUCT OF THE USERS

 

  1. You hereby agree, undertake and covenant that, during the use of the Services, you shall not host, display, upload, modify, publish, transmit, update or share any information that:

 

  1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, insulting or harassing on basis of gender, libellous, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India;

 

  1. infringes any patent, trademark, copyright or other proprietary rights;

 

  1. violates any law for the time being in force;

 

  1. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

 

  1. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

 

  1. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

 

  1. provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;

 

  1. interferes with another Users use of the Service;

 

  1. You may not decompile, reverse engineer, or disassemble the contents of the Service or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Service or remove any copyright, trademark registration, or other proprietary notices from the contents of the Service; and

 

  1. You will not (a) use the Service for commercial purposes of any kind, or (b) advertise or sell the Service or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Service in any way that is unlawful, or harms Instamed or any of their Representatives.

 

  1. CONFIDENTIALITY

     

As elaborated under the Privacy Policy, Instamed will keep all confidential information confidential, including your Personal Information, and shall not disclose it to anyone except as provided in the Terms and required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Instamed acknowledges that its employees, directors, agents and contractors (“Representatives”) shall use the confidential information only for the intended purpose for which it is provided. Instamed shall use all reasonable endeavours to ensure that its Representatives acknowledge and comply with the provisions of these Terms of confidentiality. 

 

  1. PROPRIETARY RIGHTS 

 

The Service is protected by copyright laws as well as other intellectual property laws as applicable. Instamed and its licensors shall retain ownership in and to the Service and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Service subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed or assigned to you except as contemplated herein.

 

  1. PRIVACY POLICY

 

The Users agree that they have read through the Privacy Policy that is provided on the Application and have understood and agreed to the terms incorporated therein. The Users consent to the use of their personal information and non-personal information by Instamed in accordance with the terms of and for the purposes set forth in the Privacy Policy.

 

  1. FEEDBACK AND SURVEYS 

 

Any feedback you provide with respect to the Service any surveys undertaken by Instamed shall be deemed to be non-confidential. Instamed shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) Instamed is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iv) you are not entitled to any compensation or reimbursement of any kind from Instamed for the feedback or survey data under any circumstances, unless specified.

 

  1. ASSIGNMENT

 

Instamed reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third-party.

 

  1. TERMINATION 

 

  1. These Terms are effective unless and until terminated by either you or Instamed.

 

  1. You may terminate the Terms at any time, provided that you discontinue any further use of the Application.  Instamed may terminate the Terms at any time and may do so without any prior notice.

 

  1. DISCLAIMER OF WARRANTIES

 

THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE SERVICE ARE PROVIDED BY INSTAMED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. INSTAMED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. INSTAMED SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT THE USER’S SOLE RISK. INSTAMED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, INSTAMED DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

  1. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL INSTAMED , OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD-PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSTAMED  IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF INSTAMED VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF FEES PAID BY THE USER TO INSTAMED. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

 

  1. SEVERABILITY AND WAIVER 

 

These Terms, the Privacy Policy and other referenced material herein or on the Service, are the entire agreement between you and Instamed with respect to the Services as entailed herein, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Instamed with respect to the service and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

  1. INDEMNITY 

 

You agree to defend, indemnify and hold harmless Instamed, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Instamed  or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms, or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms. 

 

  1. JURISDICTION

 

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Delhi, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Delhi, India and the language used shall be English

 

  1. GRIEVANCE REDRESSAL

 

In accordance with the Act and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

 

Name: Shikhar Agrawal

 

Address: Block number 310, 3rd Floor, Business Bay, Road Number 11, Near Aapee Central, Chakala Industrial Area, MIDC, Andheri East, Mumbai 400047, Maharashtra

 

      Contact: 88222 88222

 

      Email ID: care@Instamed.in