TERMS OF SERVICE OF TRIMIYA APPLICATION & WEBSITE

Posted as of 15th Aug 2024

Last updated as of 15th Aug 2024

 

Welcome to Sattvaz Care Limited Liability Partnership’s Terms of Service for Application and Website

 

 

This Application and Website is created and operated by Sattvaz Care Limited Liability

Partnership having registered office address at D 406, Alpine Aura, Pune-Nasik Highway,

Borahdewadi, Moshi, Pune- 412105. This legal agreement is an electronic record in terms of

Indian Information Technology Act, 2000 and rules there under as applicable and the

amended provisions about electronic records in various statutes as amended by the Indian

Information Technology Act, 2000. This electronic record is generated by a computer system

and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Service and practices for access or usage of Trimiya (“Application/platform”) and Website.

We respect you and take the information provided by you very seriously and hence the creator of this Terms of Service ensures a steady commitment with regard to the protection of your invaluable information also to support the ongoing cause that you may share across on this Platform. We ask for this information so that we can understand more about the people who support us. The creator of these Terms of Service ensures your steady commitment to the usage of your platform and the services provided by Sattvaz Care LLP on the Application Trimiya (hereinafter referred to as the “Platform”).

For the purpose of these Terms of Service (“Terms of Service”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform and/or Trimiya, as the context so requires. “You”, “Your”, “Yourself”,User shall mean and refer to natural and legal individuals who shall be Users of this Platform provided by Trimiya and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Application, Platform or individual apart from the Users and the creator of this platform. “Platform” refers to the Trimiya Application created by the Sattvaz Care LLP.

 

GENERAL TERMS

   i.     The headings in each section of these Terms of Service or Privacy Policy are provided solely for organizational purposes, helping to structure the provisions in an orderly manner. These headings should not be used by either Party to interpret the provisions in any specific way that applies to Users. The Parties further agree that the headings do not carry any legal or contractual significance when You use the Platform.

  ii.     These Terms of Service (“Terms”) govern the use of or access to the internet-based portal available at https://www.trimiya.com/ on a computer or mobile device (the “Website”), as well as the “Trimiya” mobile application (the “App”), and the Products and Services (defined below). The Website and App are collectively referred to as the “Platform.”

 iii.     These Terms encompass any rules, guidelines, policies, additional terms, or disclaimers that we may issue from time to time. Such rules, guidelines, policies, additional terms, or disclaimers are considered part of these Terms and are fully incorporated herein.

 iv.     The use of this Platform by You is solely governed by these Terms of Service, Privacy Policy that may be uploaded on the platform and any modifications or amendments made thereto by Us from time to time, at our sole discretion. If You as a User continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms of Service and Privacy Policy.

  v.     These Terms constitute a binding and enforceable legal contract between Sattvaz Care LLP, with its corporate address at D406, Alpine Aura, Pune-Nashik Highway, Borhadewadi, Moshi, Pune 412105 (“Trimiya”, “we”, “us”, or “our”) and you, an end-user of our Products or Services (“you”). You represent and warrant that you (i) have full legal capacity and authority to agree and bind yourself to these Terms, and (ii) are of the age of majority or older in accordance with Indian law.

vi.       You expressly agree and acknowledge that these Terms of Service and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

vii.       You unequivocally agree that these Terms of Service and the Privacy Policy constitute a legally binding agreement between You and Us, and that You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of Service and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Service and the Privacy Policy binding on You and that your act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms of Service and the Privacy Policy.

viii.       By browsing, accessing, or using the Platform, or by availing the Services or purchasing the Products, you acknowledge that you have read, understood, and agreed to be bound by these Terms, and that you meet the requirements specified herein. If you do not agree with any of these Terms or fail to meet the stated requirements, please refrain from accessing or using the Platform, purchasing the Products, or utilizing the Services. Your use of the Platform is subject to your acceptance of all terms, conditions, and notices outlined in these Terms, including applicable policies incorporated by reference, as well as any amendments or modifications we may make at our sole discretion and post on the Platform. This may include imposing additional charges for access to or use of certain services. The Platform is operated, and Services and Products are offered in compliance with the laws in India. If you access our Services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. We make no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Any user who uses or accesses the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit. Where you use any third-party website or the products or services of any third party, you may be subject to alternative or additional terms and conditions of use and privacy policies.

We reserve the sole and exclusive right to amend or modify these Terms of Service without any prior permission or intimation to You, and You expressly agree that any such amendments or modifications shall come into effect immediately. If You do not adhere to the changes, You must stop using the Platform at once. Your continued use of the Platform will signify your acceptance of the changed terms.

 

PLATFORM OVERVIEW

Sattvaz Care LLP ("Sattvaz Care") operates an online platform www.trimiya.com and mobile App “Trimiya” dedicated to providing customized health solutions and promoting overall well-being through the use of FDA approved ayurvedic products and associated services. The platform offers a range of products including ayurvedic medicines, capsules, oils, syrups, juices, shampoos, nutraceuticals, food supplements etc.(“Products”), each formulated with high-quality ingredients and processed to maintain their efficacy and purity standards. These products are categorized to cater specifically to areas such as hair care, digestive care, and more, ensuring comprehensive solutions for diverse health needs. In addition to product offerings, Sattvaz Care provides supplementary services including personalized diet plans and Yoga and Diet recommendations. These services are designed to complement the efficacy of the products and support holistic health management for its users.

All products offered by Sattvaz Care undergo stringent quality control measures to ensure compliance with FDA standards and to maintain the highest levels of ingredient purity and potency. Users of the Sattvaz Care platform is encouraged to carefully review product information, including ingredients and usage instructions, before making any purchase or using any service offered through the platform. While Sattvaz Care strives to provide accurate and reliable information, Information provided on the platform is intended for general informational purposes only and should not be construed as a substitute for professional medical advice, diagnosis, or treatment.

You acknowledge and agree that the displayed content, including but not limited to catalogs of drugs, pharmaceutical products, and other goods or services, along with related information on the Website and App—such as text, copy, audio, video, graphics, etc.—is provided solely for general informational purposes. Furthermore, you understand and acknowledge that the Company makes no warranty or representation regarding the authenticity of the information provided on the Website, and it is incumbent upon you to conduct your own verification.

The Platform is available for free on the Website Android operating systems. For more information about the Platform, users may visit www.trimiya.comwww.trimiya.com or contact us via email at contact@trimiya.com

 

PRODUCTS AND SERVICES

 

1.     Products: The Platform offers a wide range of Ayurvedic medicines, pharmaceutical products, nutraceuticals, food supplements, and other health-related items, including hair are and digestive care products (collectively referred to as "Products"). These Products are sold directly by Trimiya from its licensed premises. Eligibility for returns or exchanges of Products is governed by our Return, Refund, and Cancellation Policy.

2.     Services: The Platform provides various services, including the ability to purchase Products, consult with our health experts via chat or calls, book paid consultations with medical practitioners, undergo health assessments, receive diagnoses and feedback, access prescribed Products, receive Product recommendations, and utilize customized health plans. Additional services may include free trials, health progress tracking, and other services that may be offered on the Platform (collectively referred to as "Services").

3.     Sale of Products: The listing and display of a Product on the Platform constitute an invitation for you to make an offer to purchase that Product. Placing an order on the Platform represents your offer to purchase the selected Product(s) from us ("Offer"). Upon receiving your order, we will send an email acknowledging receipt of your Offer, which does not imply acceptance of the Offer.

a.     Once you place an order, you will receive an Order Confirmation via mobile SMS and/or email, detailing your order. Please note that this Order Confirmation is simply an acknowledgment of your order and does not signify acceptance of your Offer.

b.     b. The contract of sale between you and us is finalized only when the Product is shipped or dispatched to you. An email and/or SMS will be sent to your registered mobile number confirming that the Product has been shipped or dispatched ("Shipment Confirmation"). We reserve the right to refuse or cancel any order for any reason prior to sending the Shipment Confirmation.

c.     c. In cases where your order is dispatched in multiple packages, you may receive separate Shipment Confirmations for each package. Each Shipment Confirmation and corresponding dispatch will constitute a separate contract of sale between you and us for the specific Product(s) mentioned in that Shipment Confirmation.

d.      All communications from us will be sent to your registered mobile number and/or email address, or any other contact information you may designate for a specific transaction. It is your responsibility to ensure that your registered contact details on the Platform are accurate and up to date. Additionally, we may send you notifications and reminders regarding the scheduled delivery of purchased Products. While we strive to provide timely reminders and notifications, we shall not be liable for any failure to send such communications.

e.     Please be aware that we dispense Products only in quantities that match the requirements specified in a valid e-prescription.

f.      All orders placed on the Platform are subject to the availability of the Products, our acceptance of your Offer, and your continued compliance with these Terms and any other applicable legal conditions.

g.     By placing an order, you authorize us to make any necessary declarations to governmental authorities on your behalf, including affirming that the Products ordered are for personal, non-commercial use.

h.     The Platform enables you to purchase prescription medications ("Prescription Drugs") against a valid medical prescription issued by a qualified medical practitioner, which must be provided to a registered pharmacist for dispensing.

 

4. Completion of Sale

Upon our acceptance of your order, the Products will be dispensed at the pharmacy in accordance with the terms you have specified. Dispensation will occur under the direct or personal supervision of a licensed pharmacist, as required by applicable laws.

5. Transfer of Ownership and Completion of Sale

You acknowledge and agree that ownership and title to the pharmaceutical drugs and services will transfer to you immediately upon their dispensation and invoicing, thereby completing the sale.

6. Purchase and Shipment of Products

We reserve the right to refuse any order you place for Products. At our sole discretion, we may limit or cancel quantities purchased per individual, household, or order. These restrictions may apply to orders made under the same customer account, the same credit card, or those using the same billing or shipping address. In the event of changes or cancellations to your order, we will attempt to notify you via the email address, billing address, or phone number provided at the time of purchase. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors. All Products will be prepared for shipment in a manner that ensures safe dispatch and arrival. Please be aware that delivery delays may occur due to circumstances beyond our control. We are not liable for such delays. Notifications regarding your order details and expected dispatch date will be sent to you via email and SMS.

7. Delivery:

Delivery of pharmaceutical drugs, products, and services will be handled by independent contractors. You acknowledge that the delivery personnel engaged by the Company act as your agents during the delivery process. The Company assumes no control over the products after dispatch and bears no additional obligations beyond standard delivery procedures. As these services are facilitated by your agents with your consent, the Company holds no liability or responsibility regarding the delivery.

8. Terms for Availing Customized Plan

Trimiya provides an online platform for users to access customized health solutions for hair and digestive care, facilitated through a personalized plan created by health experts and registered medical practitioners following a health assessment, consultation, and diagnosis ("Customized Plan").

To avail a Customized Plan, users must complete a health assessment on the platform. The assessment may include questions on various health-related topics, and users may need to provide additional information such as images, dietary habits, diagnostic test reports, and family medical history. Users are expected to provide accurate, truthful, and up-to-date information during the assessment process.

Following the assessment, a Customized Plan will be suggested. Upon your confirmation, payment for the Customized Plan will be processed. Please note that product delivery under the Customized Plan is subject to review and approval by a registered medical practitioner. The sale is considered complete only when the products are shipped or dispatched, and you receive an email and/or SMS    confirmation stating that the products have been shipped or dispatched.

The Customized Plan will include instructions on how to use the products, dietary and lifestyle recommendations, and possibly Yoga and Diet plan. After the Customized Plan is delivered, a health expert may contact you to guide you on how to follow the plan and answer any questions you may have.

Diet and Yoga recommendations provided to you are based on expertise of third-party Diet and yoga practitioners. Your reliance on these recommendations is at your sole discretion and responsibility. The Company will not be liable for the quality of services provided by these practitioners, and any issues should be reported to us for necessary action as required by law. You affirm that you will not take any action against the Company for any adverse effects seen while following the recommendations.

 

9. Terms for Online/Tele Consultation

a.     We facilitate access to healthcare products and services through our platform. The terms "Health Expert," "Doctor," "Registered Medical Practitioner," or similar terms refer to any Registered Medical Practitioner (RMP) with whom you have a doctor-patient relationship. All consultation services offered via the platform are provided by third-party RMPs, who are independent contractors. The Company is not liable for any advice or consultations provided by these practitioners, nor for any resulting losses.

b.     We explicitly state that we do not offer telemedical consultations. The content, data, graphics, text, images, information, suggestions, guidance, and other materials provided on the platform are for informational purposes only and do not constitute medical advice. They should not be relied upon as a substitute for professional medical advice, evaluation, or care, except for advice, information, or direction obtained directly from a doctor.

c.      You acknowledge that the third-party RMPs are independent contractors, and their services are availed by you with your explicit consent. The Company is not responsible for any advice, medical consultation, or losses arising from your engagement with these RMPs. Your reliance on these RMPs is at your sole discretion and responsibility. The Company will not be liable for the quality of services provided by these RMPs, and any issues should be reported to us for necessary action as required by law. You affirm that you will not take any action against the Company for any acts or omissions by the RMPs.

d.     You are responsible for ensuring the accuracy of the information you provide, and the Company will not verify this information. The opinions, statements, and consultations provided by the RMPs do not reflect the Company's opinions. We make no warranty that the services will meet your requirements or that they will be uninterrupted, timely, secure, or error-free. This includes any data loss or service interruption caused by our employees. The Company is not responsible for transmission errors or data corruption.

 

10. No Doctor-Patient Relationship: Trimiya does not replace your relationship with your physician or healthcare provider. The information provided should not be relied upon as a substitute for professional medical advice, evaluation, or care from your physician or other qualified healthcare providers.

a.     You acknowledge that some of the content provided on the platform or during services may come from individuals in the medical, health, and wellness professions. However, this does not create a doctor-patient relationship. The content is intended to inform you about various medical conditions, diagnoses, and treatments but does not constitute direct medical advice.

b.     In the case of a medical emergency requiring prompt attention or in critical health situations, these services should not be used. You should immediately contact your nearest doctor or hospital. The services are not intended for real-time use and may not be suitable for situations where a face-to-face consultation is necessary. The Company discourages delaying professional medical advice based on information obtained from the platform. You are responsible for the accuracy of the information you provide, and the Company does not verify the information submitted for using the services.

c.      The opinions, statements, answers, and tele-consultations ("Consultations") provided by the medical practitioners through the platform are the independent opinions and statements of the practitioners and do not reflect the views of Trimiya or its affiliates. The exchanges between medical practitioners or health experts and users via the chat window or phone, as well as any e-prescriptions, will be accessible to Trimiya for quality monitoring purposes and for providing the products and services.

d.     The Company makes no warranty that the Services will meet your requirements or that they will be uninterrupted, timely, secure, or error-free. This includes any data loss or service interruptions caused by the Company's employees. The Company is not responsible for transmission errors or data corruption.

 

11. Eligibility of Use

 

a.     Access to the platform is available only to individuals who can form legally binding contracts under the Indian Contract Act, 1872. Minors, undischarged insolvents, and other individuals deemed "incompetent to contract" under the Act are not eligible to use the platform. The Products are also unavailable to users suspended or removed from our system for any reason. If you do not meet these qualifications, you will not be permitted to place orders for Products or Services through the platform.

b.     By accessing and using the platform or availing of the Services, you represent that you are an Indian national, located in India, of legal age to form a binding contract, and not barred from entering into a contract under Indian law. If you are under eighteen (18) years of age, you may use the Services through your legal guardian, in accordance with applicable laws. We reserve the right to cancel your account or refuse you access to the platform if we discover that you are under the age of 18. We also reserve the right to refuse access to new users or terminate access granted to existing users at any time without providing reasons, and you have no right to object.

c.     You are allowed only one active account and are prohibited from selling, trading, or transferring your account to another party.

 

ACCOUNT CREATION

1.     To access specific features of our Platform, utilize our Services, or purchase Products, you must register and create an account ("Account").

2.     You are solely responsible for (i) keeping your Account and password confidential and restricting access to your device; (ii) all activities conducted under your Account or password. You agree to immediately notify Trimiya of any unauthorized use or breach of your Account; (iii) complying with the Telemedicine Practice Guidelines dated March 25, 2020, and any other applicable laws, rules, regulations, and guidelines as updated from time to time; and (iv) ensuring you log out from your Account at the end of each session. We are not liable for any loss or damage resulting from your failure to maintain the confidentiality of your Account or password.

3.     You guarantee that all information provided in connection with your Account is accurate, complete, current, and true. You agree to promptly update your details on the Platform in case of any changes or modifications.

4.     You are responsible for maintaining the confidentiality of your Account and all related information, as well as all activities conducted under your Account. Transactions, delivery of Products, or access to Services may be subject to additional procedures, guidelines, rules, and terms of service ("Additional Terms"). In the event of a conflict between these Terms and the Additional Terms, the Additional Terms shall prevail for the relevant service.

5.     We are not liable for any loss or damage arising from your failure to comply with the obligations set forth in Paragraph 4. You may be held liable for losses incurred by us or any other user of or visitor to the Platform due to unauthorized use of your Account resulting from your failure to maintain its security. The Platform may offer restricted access to unregistered users. Using another user's Account to access Services or Products is strictly prohibited. If any information you provide is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect such, we reserve the right to suspend or terminate your Account and deny you current or future access to the Platform.

6.     You confirm that you are the authorized holder of the credit card, payment instrument, or original Account used for transactions on the Platform. We are not responsible for any financial loss, inconvenience, or distress caused by the misuse of your ID, password, credit card number, or Account details while using the Platform.

PAYMENT TERMS

1.    Price Accuracy: While we aim to provide accurate product and pricing information, prices are subject to change without prior notice. Occasionally, pricing errors may occur, and we reserve the right to correct them in accordance with applicable laws.

2.    Full Payment: Unless specified otherwise during checkout, you agree to pay the total price for the Product and/or Services. Discounts and offers are at our sole discretion, and we reserve the right to cancel or refuse the application of any discount or offer on your order.

3.    Pricing Errors: The final price of a Product and/or Service will be confirmed only upon order placement. If a Product or Service is listed with an incorrect price or incorrect information due to a technical error, we reserve the right to cancel or refuse any orders placed for that Product/Service unless it has already been delivered. If an item is incorrectly priced, we may contact you for further instructions or cancel your order and notify you accordingly. The price displayed in your shopping cart may differ from the price at checkout, and the price applicable at the time of placing the order will be final.

4.    Returns/Cancellations: Eligibility for returns or cancellations is governed by our Returns, Refund, and Cancellation Policy.

5.    Taxes: Prices and fees displayed are exclusive of applicable taxes, which will be added at checkout. Each user or third-party service provider is responsible for complying with all tax obligations. We are only responsible for our own taxes.

6.     Shipping & Additional Charges: Any applicable shipping fees or additional charges will be automatically added to your invoice and displayed on the platform during checkout.

7.     Additional Terms:

a.     All commercial terms, including pricing, delivery, and dispatch of Products and/or Services, are based on principal-to-principal contractual obligations between you and Trimiya.

b.     Refunds are contingent upon compliance with these Terms.

c.     We reserve the right to decline orders from users with a history of questionable transactions, including breaches of agreements or policies.

d.     You are responsible for obtaining and complying with any required licenses or permissions to use, purchase, or possess certain Products under applicable laws.

e.     Payment security is managed through API integration. Please refer to our Privacy Policy for information on how your confidential data is handled.

f.      Any disputes related to third-party services must be resolved directly between the user and the third party (e.g., banks, payment gateways) without involving us.

8.     Payment Processing: Payment details such as bank account information or credit card numbers may be required to process your orders. Payments are facilitated by third-party payment processors, and we are not responsible for any loss or damage incurred during this process, as these third parties are beyond our control.  Payment. processing will be governed by the terms and policies of these Payment Processors, in addition to these Terms. We are not liable for any errors by the Payment Processor. In the event of unsuccessful payments, refunds will be processed in accordance with the Payment Processor’s terms.

THIRD-PARTY SERVICES

1.     The Services may include content, documents, information, or other services that are owned, licensed, or provided by third parties ("Third-Party Services"), or may contain links to such services. You acknowledge that Third-Party Services are created, provided, and managed solely by the respective third parties, and your use of these services is entirely at your own risk.

2.     Trimiya makes no warranties or representations regarding Third-Party Services and disclaims all liability arising from or related to them, including but not limited to their accuracy or completeness. All intellectual property rights associated with Third-Party Services remain the property of the respective third parties.

TERM AND TERMINATION

1.     These Terms will remain in effect until terminated as outlined below.

2.     Trimiya reserves the right to terminate your access to or use of the Services, in whole or in part, at any time and at its sole discretion if you breach any obligations, responsibilities, or covenants under these Terms.

3.     Upon termination

a.     Access to the Services will be discontinued;

b.     You will no longer be eligible to use any features of the Services or purchase

Products; and

c.     These Terms will terminate, except for those provisions that are expressly stated to survive termination or are intended to do so.

4.     Notwithstanding any provisions to the contrary, upon termination of your access to or use of the Services, any outstanding amounts owed by you in connection with the Services or Product purchases will become immediately due and payable.

5.     All rights accrued prior to termination will remain in effect post-termination, and any clauses intended by their nature to survive termination will continue to be valid and enforceable.

CONSENT TO USE DATA

 

You agree that Trimiya may collect and use the information you provide in accordance with

its Privacy Policy.

 

PRICING INFORMATION AND PAYMENT

Trimiya strives to offer competitive prices for the products available on the Website. The pricing details for purchasing products are detailed under these Terms. The following points clarify the relationship and transaction process:

a.     Principal-to-Principal Relationship: By accepting these Terms of Service, you acknowledge that your relationship with Trimiya is on a principal-to-principal basis. Trimiya acts as an independent contractor, with no control or liability over the products or services listed/offered on the Website.

b.     Legally Binding Contract: By initiating a requisition on the Website, you enter into a legally binding contract to purchase the products and/or services, either on a cash-on-delivery basis or another specified mode.

c.     Delivery Conditions: The delivery of products will be made only if satisfactory documents and prescriptions comply with applicable laws.

d.     Notification of Delivery: You must electronically notify Trimiya using the appropriate Website features immediately upon delivery or non-delivery within the specified period. Failure to notify within the given time will be construed as a deemed delivery.

e.     Right to Refuse Orders: Trimiya reserves the right to refuse orders from users with a history of questionable transactions or breaches of agreements/policies.

f.       Liability: Trimiya is not liable for damages, interests, or claims resulting from the non-processing or delay in processing transactions beyond its control.

 

REGISTRATION

You are required to register yourself on the Platform in order to avail the Platform and its services. The registration and the use of the Platform are free of cost.

For the purpose of registration, you shall be required to provide the following information on the registration link available on the homepage of the platform.

1.     Name

2.     Age

3.     Mobile Number

4.     Email

5.     Address/ Location

6.     Payment Details

7.     Profile Picture

The Registrations shall be deemed complete only upon your authentication and verification of your details through the mobile or email authentication.

As a responsible platform, we do not let you link your social media platform for registration purpose or otherwise.

ELIGIBILITY

a)     You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind themselves to these Terms of Service following the Law. However, if you are minor using this platform, you may do so with the consent of your legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.

b)    You further represent that you will comply with these Terms of Service and all applicable local, state, national and international laws, rules and regulations.

c)     You shall not use the Platform if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.

All the Content displayed on the Platform is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platform and whilst feedback and comments by You can be made via the Platform, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. You shall not copy, adapt, and modify any content without written permission from Us.

 

INDEMNITY

You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees, agents and representatives (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Service. Further, You agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

a.     Your use of the Platform,

b.     Your violation of these Terms of Service;

c.     Your violation of any rights of another;

d.     Your alleged improper conduct according to these Terms of Service;

e.     Your conduct in connection with the Platform;

 

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without the consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Platform and/or the Services or materials contained therein. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.

 

LIMITATION OF LIABILITY

1.     The use of the Services or the Products is at your sole risk. The Founders/ Promoters/ Partners/ Associated people of Trimiya are not responsible for any consequences arising out of the following events:

a.     If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;

b.     If you have fed incorrect information or data or for any deletion of data;

c.     If there is an undue delay or inability to communicate through email;

d.     If there is any deficiency or defect in the Services managed by Us;

e.     If there is a failure in the functioning of any other service provided by Us

f.      If there is theft, destruction, or unauthorised access to Trimiyaʼs records, programmes, services, server, or other infrastructure relating to the Services.

g.     If there is failure of the Services to remain operational for any period of time or the collection or processing of your personal information by Trimiya.

2.     Trimiya makes no warranty that (i) the Platform or the Services will meet your requirements; (ii) the results that may be obtained from the use of the Platform, Services or materials will be effective, accurate or reliable; (iii) the quality of the Platform, Services or other materials will meet your expectations; or that (iv) any errors or defects in the Platform, Services or other materials will be corrected.

No advice or information, whether oral or written, obtained by you from us or through or from use of the Services shall create any warranty not expressly stated in the Terms.

 

3.     The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Platform or any service availed of by Us through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, quality, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Platform.

4.     You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Service by reference.

5.     The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Service.

6.     To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

7.     You acknowledge and agree that any material or data downloaded or otherwise obtained through the Platform is done at your own discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. By using our Services and Products, you accept full responsibility for any consequences that may arise from such use. You expressly agree and acknowledge that Trimiya shall have no liability with respect to any damages or losses resulting from your use of the Platform, Services, or Products.

8.     Notwithstanding anything to the contrary contained herein, neither Trimiya nor any of its affiliates, subsidiaries, or related parties shall be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, or any loss of revenue, profits, or business opportunities, whether arising directly or indirectly from the use of the Platform, these Terms, or the Services. You agree to waive, release, discharge, and hold harmless Trimiya, its affiliated and subsidiary companies, its parent companies, and each of their respective directors, officers, employees, and agents from any and all claims, losses, damages, liabilities, expenses, and causes of action arising out of or related to your use of the Platform or Services.

9.     We are not liable for any impact on your access to or use of the Platform or Services that results from incompatible hardware, software, or an insecure internet connection.

10.   You understand that your data may be transmitted over various networks and may be subject to changes to conform to the technical requirements of connecting networks or devices. This transmission may occur without encryption. You acknowledge and accept the risks associated with such data transfer.

11.  The material provided on this Platform is for general informational purposes only and should not be relied upon as the sole basis for making decisions. You should consult more accurate, complete, and timely sources of information before making any decisions. Any reliance on the material available on the Platform is at your own risk.

12.  You acknowledge and agree that Trimiya is a technology platform and is not engaged in providing medical or healthcare services. We do not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, or other information provided through the Platform. All content available on the Platform is intended for general information purposes only and does not constitute an advertisement, promotion, or professional medical advice, diagnosis, treatment, or recommendation. You are responsible for conducting your own due diligence, investigation, valuation, and evaluation of the Services and any products available through the Services.

13.  Trimiya provides the Services and Products in compliance with applicable laws in India. We are not responsible for any discrepancies between such laws and those governing healthcare services in other countries. If you access or use the Services or Products outside of India, it is your responsibility to ensure that such access or use is lawful in your location. Trimiya shall have no liability in this regard.

14.  We shall not be liable for any delay or failure to perform our obligations or carry on our business due to acts, events, omissions, or accidents beyond our control. This includes, but is not limited to, strikes, lock-outs, industrial disputes, utility service or telecommunications network failures, acts of God, war, riot, civil commotion, malicious damage, compliance with laws or governmental orders, accidents, breakdowns, fires, floods, storms, or default by suppliers or subcontractors.

15.  The third party registered medical practitioners will not be examining you physically and may not have access to all or some of your medical history that might be critical to consult you. The third party registered medical practitioners will not have the benefit of information that would be obtained by examining you in person, observing your physical condition and by going through your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the third party registered medical practitioners may not be aware of facts or information that would affect his or her opinion of you.

diagnosis. You acknowledge and agree, by requesting a consultation through the Platform, that -

a.     the advice/information/opinion on diagnosis you may receive could be limited and provisional;

b.     in case of a second opinion, where there is a difference of opinion among our third party registered medical practitioners and your physician, you would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;

c.     the third party registered medical practitioner is reliant on information provided by you and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion, consultation, test results, and all details therein null and void;

d.     in some events, the third party registered medical practitioners may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;

e.     in rare cases, the third party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/ Users and the consultation may be refused forthwith;

f.      in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and

g.     delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms.

NOTICE AND TAKEDOWN

 

If you come across any content on the Platform that you believe to be defamatory, obscene, illegal, offensive, sexually explicit, promotes bigotry or hatred, deceptive, misleading, abusive, indecent, harassing, invasive of privacy (including bodily privacy), insulting, or discriminatory based on gender, race, or ethnicity, or content that encourages money laundering, gambling, or any other illegal activities, please notify us immediately using the contact information provided below. Additionally, if any content appears to threaten the unity, integrity, security, or sovereignty of any nation, or contains harmful software viruses, or violates these Terms in any other manner, we ask that you inform us promptly. Upon receiving your notification, we will make every reasonable effort to review and remove the objectionable content within a reasonable time frame.

TERM

1.     These Terms of Service shall continue to form a valid and binding contract between You and Us and shall continue to be in full force and effect until You continues to access and use the Platforms.

2.     You may terminate your use of the Platform at any time.

3.     We may terminate these Terms of Service and close your account at any time without notice and/or suspend or terminate Your access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.

4.     Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

5.     It is also hereby declared that We may discontinue the Services and Platforms without any prior notice.

 

TERMINATION

We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Platform, or any portion thereof, at any time, without notice or cause.

 

COMMUNICATION

By using this Platform and providing Your identity and contact information to Us through the Platform, You agree and consent to receive e-mails from Us and/or any of its representatives at any time.

You can report to “contact@trimiya.com if you find any discrepancy with regard to Platform or content-related information and We will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by Us relating to any services availed by You on the Platform or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

 

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this Platform and you:

1.     Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if You have provided incorrect information.

2.     Agree to ensure the Email address and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.

3.     You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

4.     Understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Platform.

5.     Authorize the Platform to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.

6.     Understand and agree that, to the fullest extent permissible by law, the Platform or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this Terms of Service, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

7.     Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission.

8.     Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive content on the Platform.

9.     You agree to collaborate with us in the creation and distribution of testimonials, case studies (with identifying details removed), marketing materials, and criteria for evaluating the value, benefits, and cost savings associated with the Platform, Products, and Services.

You further undertake NOT to:

1.     Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);

2.     Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.

3.     Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);

4.     Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;

5.     Violate any applicable laws, rules or regulations currently in force within or outside India;

6.     Violate any portion of these Terms of Service or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;

7.     Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Platform;

8.     Infringe upon any intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, or other proprietary rights belonging to any party.

9.     Use the Services to transmit, send, or upload any data or material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other malicious software or code intended to harm or negatively impact the operation of any computer software, hardware, or systems.

 

Further:

10.  Access and Monitoring of Medical Consultations: You acknowledge and agree that the exchanges between you and the third-party registered medical practitioners over the telephone, including the reports, prescription/e-prescription, will be accessible to the Company. This access is for the purpose of monitoring the quality of the consultation. The consultation provided by the third-party registered medical practitioners will be conducted via a secure and recorded line.

11.  Limitations of Remote Medical Consultations: You acknowledge and agree that the third-party registered medical practitioners may not physically examine you and may not have full access to your medical history, which could be critical for accurate consultation. The practitioners will not have the benefit of an in-person examination or access to your complete medical records, which typically inform a physician's diagnosis and treatment decisions. Consequently, the services provided may differ from those offered in a traditional face-to-face medical setting.  The medical advice or opinion provided through the Website may be limited and provisional, as it is based on the information you provide and lacks the benefit of a physical examination. The medical opinion is not intended to replace a face-to-face consultation with a physician and does not establish a doctor-patient relationship. In cases where there is a difference of opinion between our third-party registered medical practitioners and your physician, you are responsible for deciding whether to pursue further consultation, procedures, or treatments. The medical expert's advice relies on the information you provide. If this information is found to be falsified, misleading, or incomplete, the medical opinion rendered will be considered null and void. In some cases, the medical expert may determine that the information provided is inadequate and may request additional details. Without this, they may refuse to provide a consultation. The medical expert may determine that a query cannot be adequately addressed without a physical examination and may refuse the consultation. There is a potential risk of a breach of privacy of personal medical information due to possible failures in security protocols. Delays in medical evaluation and response could occur due to service deficiencies or failures as outlined in these Terms of Service. We strongly encourage you to proactively share your complete medical history and consult with an in-person physician, sharing the opinions provided through the Company’s services with them for a comprehensive understanding of your health.

12.  You hereby expressly authorize us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

13.  By indicating Your acceptance to use any services offered on the Platform, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.

14.  You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.

15.  You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the platform without prior intimation whatsoever.

16.  You agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

a.     belongs to another person and to which you have no right to;

b.     is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c.     is in any way harmful to minors;

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

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

f.      Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

g.     Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

h.     Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

 

CANCELLATION, RETURN, AND REFUND POLICY

 

1.     Cancellation Policy: Orders placed through the Website may be cancelled only if they have not yet been dispatched for delivery. Once an order is in the dispatch process, cancellation is no longer possible.

2.    Return Policy: All sales are final. Once payment has been completed, products and orders cannot be returned under any circumstances. No returns will be accepted after the payment has been processed.

3.     Refund Policy: If a refund is applicable, the process will be initiated upon approval. The refunded amount should be credited to your account within seven (7) business days from the date of approval.

 

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit Your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:

1.     If you are in breach any of these Terms of Service or the Privacy Policy;

2.     If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.

 

INTELLECTUAL PROPERTY RIGHTS

 

 

1.     All logos, trademarks, brand names, service marks, software code, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Platform and are protected under copyright, trademark and other applicable laws. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

2.     All trademarks, logos, and service marks displayed on the Platform (collectively referred to as "Marks") are either the property of Trimiya, its third-party partners, or other respective third parties. Unauthorized use of the Marks is prohibited without the prior written consent of Trimiya or the relevant third parties who own the Marks.

3.     Except as expressly stated otherwise, Trimiya retains ownership of all intellectual property rights related to the trademark "Trimiya", the domain name "trimiya.com", and the Platform. This includes, but is not limited to, all rights, title, and interest in copyright, related rights, patents, utility models, designs, know-how, trade secrets, inventions (including patent-pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

4.     You shall not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.

5.     You are aware all intellectual property, including but not limited to copyrights, relating to said services resides the owners, and that at no point does any such intellectual property stand transferred from the aforementioned with creators.

6.     The content available on this Platform is protected by copyright. You may not copy, reproduce, distribute, display, modify, or create derivative works from any material on this Platform without our express written consent. This includes, but is not limited to, information, text, documents, and images. Any unauthorized use of the content is prohibited.

7.     From time to time, Trimiya may solicit feedback, including bug reports and suggestions related to our Products or Services (“Feedback”). By providing Feedback, you grant Trimiya an unrestricted, perpetual, worldwide, royalty-free, and irrevocable license to use, copy, disclose, publish, display, distribute, and exploit such Feedback without any compensation or acknowledgment to you. You waive any rights related to such Feedback and agree to provide any necessary documentation to support this waiver.

8.     When you upload or submit information, content, ideas, suggestions, proposals, plans, or other materials (collectively, “Content”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, display, store, host, communicate, modify, adapt, translate, and create derivative works from the Content. This license is granted for purposes related to the functioning of the Platform, our Services, or Products, including facilitating teleconsultations with medical practitioners and sharing information with them and health experts and Doctors.

9.     Your use of the Platform, Services, and Company Content is governed by a limited, revocable, and non-exclusive license granted upon registration. This license is for personal use only and is intended solely for accessing Services, identifying Products, purchasing Products, and processing returns and refunds. Commercial use is not permitted.

10.  The license does not include: (a) Resale of Products or commercial use of the Platform or Company Content, (b) Collection and use of product listings, descriptions, or prices, (c) Any use of the Platform, Services, or Company Content beyond the scope defined in these Terms, (d) Downloading or copying Account Information, (e) Data mining, robots, or similar data gathering tools to extract parts of the Platform, (f) Creating or publishing databases featuring parts of the Platform.

11.  Nothing in these Terms grants you any rights to our or any third party’s intellectual property, except as expressly provided herein.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed by You that the contents of this Section shall survive even after the termination or expiry of these Terms of Service and/or Privacy Policy.

.

DISCLAIMER OF WARRANTIES AND LIABILITIES

1.     You further agree and undertake that you are accessing the Platform at your sole risk and are that you are using the best and prudent judgment before availing any features on the Platform or accessing/using any information displayed thereon.

2.     You agree that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.

3.     It is further agreed by You that the contents of this Section shall survive even after the termination or expiry of the Terms of Service and/or Privacy Policy.

 

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

 

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed by You hereto that the formation, interpretation, and performance of these Terms of Service and any disputes arising therefrom will be resolved through Arbitration. It is further agreed by You that the contents of this Section shall survive even after the termination or expiry of the Terms of Service and/or Privacy Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by Us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Pune, Maharashtra, India. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto. Each party to the arbitration shall bear its own costs with respect to any dispute.

You expressly agree that the Terms of Service, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

 

NOTICES/GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by You may be communicated to us by emailing to contact@trimiya.com.

 

MODIFICATION OF SERVICES AND PRODUCTS

Trimiya retains the right to add, modify, or discontinue any of its Services or Products, whether in part or in whole, at its sole discretion and at any time, either temporarily or permanently. This right includes the ability to make such changes with or without cause. Trimiya shall not be held liable for any consequences resulting from the addition, modification, suspension, or discontinuation of its Services or Products.

MISCELLANEOUS PROVISIONS

Entire Agreement: These Terms of Service, read with the Privacy Policy, form the complete and final contract between You and Us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

Modification: Trimiya reserves the right to modify these Terms at any time, including the addition of new terms or conditions regarding the use of the Platform or the availability of Services or Products. Any such modifications will be communicated to you. Unless you explicitly reject the changes (in which case these Terms will terminate), the modifications will become effective immediately and will be considered part of these Terms. If you do notaccept the changes, these Terms will end.

Waiver: The failure of either Party at any time to require performance of any provision of these Terms of Service shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Service.

Severability: If any /clause of these Terms of Service is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Service shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Service shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Service shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving provision to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

Assignment: You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without Trimiyaʼs prior written consent. Trimiya may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. Trimiya may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.

Notices: All notices, requests, demands, and determinations for Trimiya under these Terms (other than routine operational communications) shall be sent to contact@trimiya.com. Third-Party Rights: No third party shall have any rights to enforce any terms contained

herein.

Contact Us: If you have any questions about these Terms of Service or the Privacy Policy, the practices of the Platform, or your experience, you can contact us at contact@trimiya.com