Terms Of Use

These terms of use (‘Terms’) are applicable for the use and access of the website, www.healthnvibe.com (‘Website’) and cross platform mobile application software, ‘Health N Vibe’ (‘App’) (collectively as ‘HealthnVibe’/ ‘HnV’), both owned and developed by Ms. Disha Gulati  (‘Holder’/ ‘We’/ ‘Us’/ ‘Our’), facilitating rendering of HnV Services (as defined below), from time to time, for the registered members including various third-party service providers, medical professionals, para-medicals, physiotherapists, therapists, psychologist, coach, trainers, instructors, agents, suppliers, sellers, etc. (collectively as ‘Partners’), end users, customers, clients (collectively as ‘User’/ ‘Users’), of Health N Vibe (‘Members’/‘You/ ‘Your’/ ‘your’), solely for your personal use. Access and use of HealthnVibe is subject to the following Terms that which you have read, understood, and agreed to be bound. Any other services offered by the  Holder or other features, content, or applications offered from time to time through the Website or App are governed by the following Terms.

 

Please read these Terms, Privacy Policy and other applicable policies (collectively referred to as ‘Agreement’) carefully before using/registering with/accessing HealthnVibe. Your access to or use of HealthnVibe or booking, purchase or availment of HnV Services shall signify your acceptance of the Terms and your agreement to be legally bound by the same.

 

Eligibility.

 

  1. You are eligible to use HnV Services by registering with HealthnVibe, if and only, you comply with the following conditions:
    • You have completed the legal age and capable to enter this Agreement as applicable in your jurisdiction;
    • You are eligible to enter in to a legally binding contract; and
    • You are not barred by any applicable law for the time being in force.
  2. In case you are not an individual but wishes to use HnV Services by registering yourself as a legal entity, then you should comply with the following conditions:
    • You are fully authorized to represent your legal entity to receive HnV Services;
    • The legal entity you are representing is a duly organized and validly existing under the applicable laws; and
    • The legal entity has obtained all such licenses and permissions which are in full force and effect.

Registration.

 

  1. You agree that, in order to access and use HnV Services, you will have to give an authenticated mobile phone number and other personally identifiable information to HealthnVibe. You acknowledge that in order to provide HnV Services through App, Holder may periodically access your contact list and/or address book on the mobile device(s) to find and keep track of mobile phone numbers of the contacts or other stakeholders/ Members using the App. You hereby give express consent to the Holder to access your contact list and/or address book.

 

  1. You further represent and warrant that:
    1. You have right, authority, and capacity to enter into these Terms;
    2. You agree that in order to use HnV Services, you will have to register with HealthnVibe and pursuant to such registration, you shall have access to certain features available;
    3. All registration information submitted is truthful and accurate;
    4. You are neither a competitor of the Holder nor using HnV Services for reasons that are in competition with the Services of the Holder;
    5. You are entitled to submit the information to the Holder and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights;
    6. You will maintain the accuracy of such information;
    7. Use of HnV Services does not violate any applicable law;
    8. You will keep your contact information accurate and up-to-date;
    9. You will not provide any false personal information to Holder, or create an account for anyone other than you without permission;
    10. If Holder disables your account, you will not create another one without Holder’s permission;
    11. You will not share your permanent and temporary log-in credentials or do anything else that might jeopardize the security of your account and other’s account;
    12. You shall not stalk or harass any other Users/ Members of HealthnVibe; and
    13. You shall not infringe any intellectual property or other proprietary rights of any third party.

 

License.

 

The Holder grants you a non-exclusive, revocable, non-transferrable and limited license to access and use HnV Services on your personal device as made available through HealthnVibe. The Holder may, from time to time, update or modify the features of HealthnVibe, release new versions or create new modules related thereto, each of which may, at the Holder’s discretion, be included within the license granted above. You shall not be permitted to sublicense or transfer any of your rights hereunder including without limitation, access to HealthnVibe through the respective login credentials authenticated for a particular you.

 

HnV Services.

 

  1. HealthnVibe (through Website and/or App) allows Users to avail, inter alia, the following services and/or buy products directly from the Holder as well as from various Partners [collectively ‘HnV Services’].

 

    1. Personal Training: Memberships/ subscription plans providing access to and/or booking of a single or individual session/ class to avail physical/ in-person consultancy/ coaching/ training provided by the Holder and/or relevant Partners, relating to, interalia, yoga, yoga therapy, running training, fitness training, mental health, yoga teacher training, corporate wellness programs, life coaching, habit development and nutrition management.
    2. Access to Virtual Content: Memberships/ subscription plans providing access to and/or booking of a single or individual session/ class to avail pre-recorded and/or do-it yourself audio and/or video content relating to, inter alia, yoga, yoga therapy, running training, fitness training, mental health, yoga teacher training, corporate wellness programs, life coaching, habit development and nutrition management (solely for your personal and non-commercial use).
    3. Virtual Training: Memberships/ subscription plans providing access to and/or booking of a single or individual session/ class to avail real-time audio and/or video consultancy/ coaching/ training, provided by relevant Partners, relating to, inter alia, yoga, yoga therapy, running training, fitness training, mental health, yoga teacher training, corporate wellness programs, life coaching, habit development and nutrition management (solely for your personal and non-commercial use).
    4. Consultancy: Booking of appointments with registered medical professionals, nutritionist, dieticians (an individual professional or through an organization) for physical / in-person and tele-consultations and diagnostic services.
  • Booking orders: Purchase products such as clothing, footwear and accessories of inhouse brands and/or from other third-party brands.
  1. Ancillary Services: Other ancillary services related to any of the above mentioned services including providing HnV Connect for communication between the Users and/or with the respective Partner, providing fitness scores, consumption data of above services, data generation on your performance, generation of photographs/ videograph of your activities, transaction summaries, invoices, reports, achievements, access to photos/ videos, medical records, lab reports, etc.

 

  1. The charges/ fee indicated on HealthnVibe for each of the above Services will be as determined by the Holder or respective Partners, as the case may be, and is excluding taxes and other applicable charges as mentioned therein. The charges and HnV Services may change at the Holder’s or Partners’ sole discretion and the Holder and Partners do not guarantee that the services will be available for delivery / performance at all times. Certain Services may be offered on pay per session or subscription options, which could be monthly, quarterly, half yearly, annually.

 

  1. Any order/booking made for a particular Service shall be, in addition to the terms mentioned herein, subject to additional terms and conditions of the Partners or their service providers / associates (including offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) mentioned on HealthnVibe, which you are presumed to have read and accepted at the time of placing the order/booking.

 

  1. The number of classes / sessions permitted to be booked shall be as per the respective membership’s terms and conditions. Access to the classes / sessions shall be subject to the slot availability and shall be accessible on first come first serve basis.

 

  1. Relevant Partner(s) may review your usage of the Services that violates these Terms, and suspend or terminate your membership at any time for any reason in at their sole discretion with or without notice to you. If any complaint is received against a User to the effect he/she has used the Services in violation of these Terms, then upon receiving such complaint relevant, the Holder reserves the right to terminate the account / User’s membership in question. Aforementioned also reserves the right to initiate legal action against You.

 

  1. You have provided Your consent to relevant Partner to share Your health and other records, if any, with the Holder, for providing services to you.

 

  1. In case of mental fitness services, your mental health service provider/ Partner may be supervised by a senior mental health professional to ensure best care possible for you. Further, you agree that all information regarding your counselling sessions (including all verbal and/or written exchanges) will be kept confidential, except if you indicate that you may be an imminent danger to Yourself or others.

 

HnV Connect.

 

  1. The Holder may provide access to HnV Connect, a social portal through which you may access and share a variety of resources, information and data including planning training activities with other Users/ Members/ Partners updating your fitness profile, viewing public profile of other Users, adding and accessing videos, photos and status updates, access to communication forums and certain product information. In order to access HnV Connect, you shall create a HnV Connect profile on your account by providing certain details including your name, image, interested training activities, and such other details as may be required (‘HnV Connect Profile’). In case you choose to make your HnV Profile public, you agree that all the information on your HnV Connect Profile including username, images, photos and other activity details shall be visible to all the Users on HnV Connect and the Users will be able to access, like or comment on the activities on your HnV Connect Profile. Further, it allows you to view other Users profiles who have attended the same class/session and vice versa. You can always opt-out and make your profile private.

 

  1. HealthnVibe may offer the opportunity to get your photographs clicked (either single photo or in a group with other users) or appear in a video during a class/session in fitness centres (‘Image Content’). You acknowledge that these Image Content uploaded by HealthN Vibe upon obtaining due permission from you shall be accessible to all the Users who have attended the said session/class. The said Users may download or take a screenshot of the same.

 

  1. HnV Connect allows you to upload/submit photos, reviews, ratings, suggestions, recommendations, content, questions, clarifications, answers, content and other information (‘User Content’), and may be visible to other Users. The Holder is only acting as a repository of data, User Content and those submissions made by you and do not represent the views/ clarifications of the Holder, and Holder makes no guarantee as to the validity, accuracy or legal status of any User Content.

 

  1. You affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Holder to use all the proprietary rights in and to any and all User Content and intellectual property of them to enable inclusion and use of such User Content in the course of Services being provided on HealthnVibe.

 

  1. You own all of the User Content, network data and other information that you may upload on or share through HnV Connect. The Holder does not claim any ownership rights in your User Content except to the extent otherwise provided in this Agreement.

 

  1. You further agree that you will not: (a) submit any User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the Holder of such rights or have the permission from your rightful Holder to share the material and to grant Holder all of the license rights granted therein; (b) publish falsehoods or misrepresentation that could damage the Holder or any third party, including, without limitation, loss of reputation, credibility, revenue; and (c) post any User Content that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, nationality and is in the nature of being derogatory, slanderous to any third party.

 

  1. These User Content and Image Content may also be seen, accessed, or downloaded through third-party services such as search engines, APIs, websites and other services. The Holder disclaims any and all liabilities with respect to the misuse, loss, modification, unavailability of the Images or content available on HealthnVibe. All rights, title and interest including all intellectual property rights in HnV Connect including images, photos, videos, content, any derivatives, modifications, enhancements and new inventions undertaken in the HnV Connect shall belong to and vest entirely with the Holder. The Holder, in its sole discretion, may from time to time make additions to, deletions from, or modifications to ever-evolving HnV Connect, specifications and/or communications facilities, including to comply with changes, or contemplated changes, in law.
  2. For the User Content, you are hereby granting the Holder and its affiliates a worldwide, transferable, non-exclusive and sublicensable right to use, copy, modify, distribute, publish and process, create derivative work, and such other right including displaying the said content on public platform including social media platform without any consent, notice and/or compensation to you or any third party. Unless stated otherwise, all contents uploaded by HealthnVibe are believed to be in the public domain as either promotional materials or publicity photos as the Holder may determine.

 

  1. The Holder may access, review, screen, and delete User Content uploaded on HnVConnect at any time and for any reason, if the Holder thinks the User Content violates these Terms. You alone, though, remain responsible for the User Content you create, upload, post, send, or store on the your HnV Connect Profile. You will not, and will not permit any person, directly or indirectly, to (a) use HnV Connect including Image Content or any User Content for any illegal, misleading, or fraudulent activity,  or other activity which infringes the rights of the Holder or others; (b) make available, sublicense, otherwise transfer or assign, or otherwise exploit HnV Connect or do anything to interfere with or impair the intended operation of HnV Connect; (c) edit, change, prepare any derivative work of or alter in any way any of the Image Content or content provided on HnV Connect,  (d) input, upload, transmit or otherwise provide to, or through the any information or materials that are in violation of law, injurious, contain, transmit or activate any viruses, malicious or harmful code, or any other similar software or programs; and (e) act in a manner intended to exceeding any restrictions or limitations set forth in these Terms of Use.

 

Other Terms of use of HnV Services.

 

  1. You will be eligible to use the Services only when you fulfil the following conditions: (a) you have attained at least 18 (eighteen) years of age, and (b) You are competent to enter into a contract under the applicable laws. If you reside in a jurisdiction that restricts the use of the Virtual Services because of age or restricts the ability to enter into contracts such as these Terms of Use due to age, uou must abide by such age limits. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless the Holder, Partners and their associates, service provider from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Holder, Partners and their associates, service provider that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such individuals pursuant to these Terms.

 

  1. Subject to payment of necessary fee / purchase of required membership and availability of slots, you shall be permitted to book and participate in various underlying Access to Virtual Content Service and Virtual Training Services (‘Sessions’).

 

  1. In order to participate in the Sessions, you must book the Sessions in advance through HealthnVibe. Further, you may also need to comply with certain technical requirements to participate in the Sessions.

 

  1. Any memberships / single Sessions bought or booked are non-transferrable and non-refundable.

 

  1. For workout / fitness Sessions, you must ensure that you are physically and medically fit to participate. You must understand your physical and medical limits and attend the Sessions within the said limits. You agree that participation in the Sessions by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that your participation in the Sessions is voluntary and that you knowingly assume all such risks and hence hereby release Holder, relevant Partner or any third-party associates of all liability arising out of such aforementioned risks. Holder, relevant Partner or any third-party associates do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or concerning the Sessions.

 

  1. HealthnVibe shall only be able to take a photo in or capture your video of the Session only if you enable access to the camera of your device. If you choose to not to be captured, you may disable the access to your camera in your device settings.

 

  1. HealthnVibe also permits access to a variety of audio and/or videos relating to habit development, lifestyle trainings, nutritionist and such other content as provided by it / its associates. Access to such audio and/or videos is solely for personal, informational and reference purposes and you shall be solely responsible for their usage. The Holder, relevant Partner and/or any third-party entity does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with your usage of or participation in such Virtual Content Services as offered on HealthnVibe.

 

  1. The number of Sessions permitted to be booked, availed, cancelled shall be as per the terms and conditions laid down by the respective Partner. The Holder/ relevant Partner will have no liability if any Session is later cancelled by the relevant Partner. The Holder / relevant Partner shall use best efforts to intimate you in advance of such rescheduling or cancellation of Sessions, however, the Holder / relevant Partner shall not be responsible in any manner for any inconvenience or loss caused to you as a result of such rescheduling or cancellation. Your sole recourse in case of such rescheduling / cancellations shall be booking of an alternate Session.

 

  1. The Holder may record audio and / or video of any and all Sessions conducted under Virtual Training Services, for quality and safety purposes, which may be referred to in case of any complaints / disputes.

 

  1. The Holder disclaims any guarantee of exactness as to the duration, type, satisfaction from any Virtual Services fulfilled by any service provider respectively. Further, the Holder makes no representation that Virtual Services as provided are appropriate or safe for use.

 

  1. You may cancel or reschedule appointments using HealthnVibe, subject to permitted cancellation & rescheduling timelines and availability of a timeslot/such respective Partner of appointment. The Holder reserve the right to cancel or reschedule appointments.

 

  1. As part of the Services provided to you, after availing such services, You agree to provide honest feedback/review about the concerned Service, if required by the Holder.

 

  1. In case of any dissatisfaction with the Services, you shall first file a formal complaint with the customer service of the Holder, prior to pursuing any other recourse. The complaints can be lodged at contact@healthnvibe.com, and upon lodging a complaint you agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The decision of the Holder on the complaints shall be final and you agree to be bound by the same.

 

Fees, Charges and Subscriptions.

 

  1. Membership for any Virtual Services may start with a free trial for such period of time as specified when you signed up. If you begin your subscription/membership plan with a free trial, we may begin billing you for periodical membership fees at the time of subscription purchase or at the end of the free trial period unless you cancel your membership prior to the end of the free trial period.

 

  1. You agree to pay for all fees and charges incurred while using HnV Services including additional taxes or third party charges (if any).

 

  1. You may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annual with recurring, non-recurring options.

 

  1. Non-recurring subscription(s) are non-cancellable. However, you may cancel your recurring subscription(s) at any time by going to your Account Settings and cancelling your subscription before the respective renewal date to avoid billing of the next period’s subscription fee.

 

  1. Refunds shall not be claimed for any partial-term subscription period.

 

Payment Services.

 

  1. All payments in respect of the HnV Services shall be made to the Holder through HealthnVibe. You acknowledge and agree that the Holder may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.

 

  1. In order to make payments online, you undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment in good standing. By providing the Payment Details, you represent, warrant, and covenant that: (1) you are legally authorized to provide such Payment Details; (2) you are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law. You may add, delete, and edit the Payment Details provided from time to time.

 

  1. The Holder is not liable for any payments authorized through HealthnVibe using your Payment Details, in particular, the Holder is not liable for any payments that do not complete because of insufficient balance, incorrect payment details, expiry of payment card, or such other circumstances beyond the Holder’s control preventing the execution of the transaction.

 

Refund/ Cancellation Policy.

 

  1. Any HealthnVibe Services memberships / sessions / classes / consultant bookings bought by the Users are non-refundable, non-exchangable, non-transferable and non-saleable.

 

  1. You can request for cancellation of orders placed for buying goods and request for refund by way of HealthnVibe credits/ adjustment in future orders against the same. However, acceptance of cancellation / pause requests shall be at the Partners’ / Holder’s discretion as the case may be.

 

  1. You may request for cancellation of your subscription to the Virtual Services, however the same must be done before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Details you have provided. Refunds cannot be claimed for any partial-term subscription period.

 

  1. The Holder and / or relevant Partner shall have the right to cease/terminate relationship with you unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to you subsequently.

 

Restrictions on Use.

 

  1. You may not:
    • Remove any copyright, trademark or other proprietary notices from any portion of HealthnVibe work;
    • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit HealthnVibe except as expressly permitted by the Holder;
    • Decompile, reverse engineer or disassemble HealthnVibe except as may be permitted by applicable law;
    • Link to, mirror or frame any portion of the Services;
    • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
    • Attempt to gain unauthorized access to or impair any aspect of HealthnVibe or its related systems or networks or Services; or
    • Attempt to interfere with services to any other users, host or network, including, without limitation, via means of submitting a virus to App or Website, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing” etc.
  2. In addition to the above, You shall not:
    • Reformat or frame any portion of the pages that are part of HealthnVibe;
    • Create your accounts under fraudulent pretences;
    • Submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Holder;
    • Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
    • Take any action that imposes, or may impose, an unreasonable or disproportionately large load on HealthnVibe; and
    • Use the Services to transmit, distribute, post, or submit any unauthorized information, photo, video or any content that is libelous, defamatory, obscene or in violation of these Terms or any other policies of HealthnVibe.

Remedies with Holder.

  1. You understand and agree that the Holder may review any content, questions, opinion, recommendations, reviews, ratings (collectively ‘User Content’) posted on HealthnVibe, and in case the Holder finds, at its sole discretion, that you violate any of these Terms, then it reserves the right to take actions to prevent/control such violation, including without limitation, removing such offending User Content from HealthnVibe and/or terminating the registration of yours and/or blocking your use of the Services.

 

  1. The Holder shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting you who involved in such violations.

 

  1. User acknowledge that in no event shall the Holder be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services. You also acknowledge that in any such event the Holder shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the courts and other appropriate forums.

 

 

Intellectual Property Rights.

 

  1. You acknowledge and agree that the Holder or Holder’s licensors or such other third party own all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in HealthnVibe, its content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.

 

  1. Unless agreed otherwise in writing with the Holder, nothing in the Terms gives you or any third party a right to use any of Holder’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

 

  1. The Holder acknowledges and agrees that unless otherwise specified in any other document pertaining to specific content, that it obtains no right, title or interest from you under these Terms in or to any of the User Content that you submit, post, transmit or display on, or through HealthnVibe, including any intellectual property rights which subsist in the User Content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless Holder agrees to otherwise in writing, you agree that you are responsible for protecting and enforcing those rights and that Holder has no obligation to do so on your behalf.

 

  1. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within HealthnVibe.

 

  1. You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any Holder or organization in a way that is likely or intended to cause confusion about the Holder or authorized user of such marks, names or logos.

 

Confidential Information.

  1. You may be given access to certain non-public information, software and specifications of the App (‘Holder’s Confidential Information’), which is confidential and proprietary to the Holder. You may use Holder’s Confidential Information only as necessary in exercising rights granted to them in this Agreement.

 

  1. You agree that you will not disclose Holder’s Confidential Information without Holder’s prior written consent.

 

  1. You agree that you will protect Holder’s Confidential Information from unauthorized use, access, or disclosure in the same manner that you would protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

 

  1. Holder’s Confidential Information includes, without limitation:
  1. All software, technology, programming, specifications, materials, guidelines and documentation relating to HealthnVibe;
  2. Holder’s Application Program Interface (“API”) Data; and
  3. Any other information designated in writing by the Holder as “Confidential” or an equivalent designation.

 

  1. Holder’s Confidential Information does not include information that:
  1. Has become publicly known through your breach;
  2. Has been independently developed without access to Holder’s Confidential Information, as evidenced in writing;
  3. Has been rightfully received by you from a third party who has the lawful right to disclose such information;
  4. Is required to be disclosed by law or by a governmental authority;
  5. You also agree to protect all the personal and other information of the other Users which are confidential and proprietary to the particular User in the same manner as it is protected as your confidential and proprietary information; or
  6. Username Credentials.

 

  1. Holder acknowledges that it employs industry standard security protocol to ensure that the information which you store in, transmit or transfer through HealthnVibe is protected.

 

  1. HealthnVibe is hosted on a secure server. Access to data is protected by password by the database server, which only accepts connections from the web server, and all the information transmitted from your account to the web server are secured by industry standard transport layer security, specifically server-side SSL.

 

  1. You shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under your username. You agree to: (a) notify the Holder immediately of any unauthorized use of your username and passwords or any other breach of security; and (b) ensure that you log off from your account at the end of each session.

 

  1. The Holder will not be liable for any loss or damage arising from your failure to comply with this clause.

 

Additions and Alterations to Terms of Use.

  1. The Holder reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting on the Website.

 

  1. The Holder will inform you of such additions/alterations through e-mails, messages to your account, notices posted on the Website, or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted on the Website.

 

  1. Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

 

  1. Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue use of the Services immediately.

Term and Termination.

  1. These Terms shall remain in full force and effect unless and until your account is terminated as provided herein.

 

  1. Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement.

 

  1. The Holder further reserves the right to terminate this Agreement or discontinue the Services provided through HealthnVibe or any portion or feature thereof for any or no reason and at any time without liability to you.

 

  1. You may also terminate this Agreement for any or no reason and at any time. Upon such termination for any reason, you shall cease to have access to the App and to the use of any HnV Services.

 

  1. The Holder will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
  2. Such applicable sections of this Agreement shall survive following any termination of this Agreement.

 

Third Party Content.

HealthnVibe may contain features and functionalities that allow access to third party content, including websites, data, information, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. You should make whatever investigation you may feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for their dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. If you have any problem resulting from use of any third party services, or suffers data loss or other losses as a result of problems with any of other service providers or any third-party services, the Holder shall not be responsible for the same. The Holder has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites.

Disputes.

  1. These Terms shall be governed by and interpreted and construed in accordance with the laws of India. You will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law in Delhi.
  2. If anyone brings a claim against the Holder related to your actions, your use of HealthnVibe, User Content, you will indemnify and hold the Holder harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim.
  3. The Holder shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Holder may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by you. Although the Holder provides rules for your conduct, the Holder does not control or direct your actions on HealthnVibe and is not responsible for the User Content you transmit or share on or use on HealthnVibe or for any of your actions using the Services. The Holder is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content you may encounter on HealthnVibe. The Holder is not responsible for the conduct, whether online or offline, of you.

Disclaimer, Indemnity and Limitation of Liability.

  1. The Holder tries to keep HealthnVibe, bug-free, and safe, but you agree to use it at your own risk. The Holder is providing the Services as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

  1. The Holder does not guarantee that HealthnVibe will always be safe, secure or error-free or that HealthnVibe will always function without disruptions, delays or imperfections.

 

  1. The Holder does not warrant that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain from HealthnVibe will be accurate or reliable; (d) the quality of any products, services, information or other material rented or obtained by you through HealthnVibe will meet your expectations; or (e) any errors in any data or software will be corrected.

 

  1. The Holder is not responsible for the actions, content, information, or data of third parties, and you release the Holder, Holder’s directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

 

 

  1. The Holder will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with these terms of HealthnVibe.

 

  1. In certain jurisdictions, applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to user. in such cases, the Holder’s liability will be limited to the fullest extent permitted by applicable laws.

 

  1. The Holder is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, failure of communication on account of technical problems, or traffic congestion on the internet or at any website or combination thereof, including injury or damage to you or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web or in connection with the Services.

 

  1. In no event will the Holder be liable to you for any direct, indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this Agreement or your use of HealthnVibe, User Content, or other Holder products and services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not you have been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in this Agreement is found to have failed its essential purpose. In any case, the Holder’s aggregate liability under this agreement will not exceed the aggregate fees you paid for access to HealthnVibe.

 

  1. You agree to indemnify, defend and hold harmless the Holder and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and Partners on HealthnVibe (“Indemnitees”) from and against any and all 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 the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms. Further, you agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of HnV Services, any misrepresentation with respect to the data or information provided by you, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.

 

Contact Us.

You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Holder. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to contact@healthnvibe.com. However, this may limit the extent of Services that you can avail.

If there are any questions regarding these Terms, the same can also be mailed at contact@healthnvibe.com.

General.

  1. These Terms along with the Privacy Policy and other policies make up the entire agreement between the parties regarding the Services, and supersedes any prior agreements or understandings.

 

  1. The appropriate fees for the Services provided by the Holder shall be as per the terms mentioned in HealthnVibe. The fees shall be paid by You as advance at the time of obtaining the Services including all applicable taxes.

 

  1. If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.

 

  1. The Holder’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.

 

  1. Any amendment to or waiver of these Terms must be made in writing and signed by the Holder.

 

  1. You will not transfer any of your rights or obligations under these Terms to anyone else without the Holder’s consent.

 

  1. All of the Holder’s rights and obligations under these Terms are freely assignable by the Holder in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

  1. Nothing in these Terms shall prevent the Holder from complying with the applicable laws.

 

  1. These Terms do not confer any third party beneficiary rights.

 

  1. You should carefully read the Holder’s Privacy Policy as it governs the Holder’s treatment of any information, including personally identifiable information and sensitive information you may submit on HealthnVibe.

 

  1. The Holder reserves all rights not expressly granted to you.

 

  1. If under any law, you are entitled or obligated to act contrary to these terms, you consent to provide the Holder with a comprehensive explanation of the reasons for such act in writing at least 30 days before you act in such manner.

 

  1. You will comply with all applicable laws when using or accessing HnV Services.