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
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 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
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
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
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