Terms & Conditions

TERMS AND CONDITIONS

This Application (“App”) is owned, hosted and maintained by Kyrbit7 Health Tech Private Limited and its affiliates (“Company/us/we/our”) and which provides information about Company’s services and offers various plans to the registered users. These Terms and Conditions (the “T&C”) constitute a valid and binding agreement between Company and the user. By using this App, per se, you agree to be bound by all the terms and conditions as mentioned herein. The following terms and conditions and any amendments or modifications made thereto, govern the use of this App and any content made available from or through this App

By accessing this App, the user warrants that the user has fully read and understood these T&C and agrees to be legally bound by these terms and acknowledges unconditional acceptance without limitation or qualification of these T&C. We may change these terms at any time without any prior notice in writing or otherwise to the user, by posting changes on the App. The user may review these terms regularly to ensure that the user is aware of any changes made by us. The continued use of our App by the user, after changes are posted means that the user agrees to be legally bound by these terms as updated and/or amended. In the case of any violation of these T&C or any additional terms posted on App, we reserve the right to seek all remedies available by law and in equity for such violations.

General

1. We do not guarantee that the App, or any content on it or any service offered through it, will always be available or be uninterrupted. Access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to the user if for any reason the App or its content is unavailable at any time and/or for any period.

2. The user is responsible for making all arrangements necessary for the user to access the App (including, having access to an internet connection etc..).

3. The user is also responsible for ensuring that all persons who access our App through the user’s registered account or otherwise are aware of these T&C and other applicable terms and conditions, and that they comply with them.

Term

These T&C shall continue to be valid and binding upon the users until, the user continues to access and use the App. We may suspend or terminate the user from the use of the App at our sole and absolute discretion without any notice and cause. Notwithstanding anything stated under this T&C, these T&C will survive indefinitely unless and until we choose to terminate them.

Eligibility

1. The user must be competent and eligible to enter into legal binding agreements as determined by the provisions of Indian Contract Act, 1872.

2. The user must be above 18 (eighteen) years of age and must be a citizen of India. However, if the user is below 18 (eighteen) years of age then the user must obtain consent from their parent(s) or legal guardian(s). The parent(s) or legal guardian(s) accept these T&C and agree to take responsibility for: (i) user’s actions; (ii) user’s use of any of the services, information and functions made available on the App or purchase of any product, good or merchandise (including any part thereof) made available for sale on the App; and (iii) user’s acceptance and compliance with these T&C. If the user is below 18 (eighteen) years of age and does not have consent of their parent(s) or legal guardian(s), user must stop using/accessing the App.

3. The user should be of sound mind and should have a firm contractual capacity.

Registration

1. The user may access areas of the App that require registration by becoming a registered member and creating an account in the App. The user agrees to be responsible for maintaining the confidentiality of the passwords or other account identifiers which the user may choose and all activities that occur under user’s account. 

2. By registering on the App, user agrees that:

(i) user’s account and password are personal to the user and may not be used by anyone else to access the App;

(ii) user will not do anything which would assist anyone who is not a registered user to gain access to any area of the App requiring registration; and

(iii) user will not pass off as and/or impersonate another user.;

3. User agrees to notify us immediately in case of any unauthorised use of the user’s password or account identifiers by others.

Termination of registration

1. If the user no longer wishes to have a registered account, the user may terminate his account by deleting the same as provided in the App. If the user no longer accepts these terms and conditions, or any future modification to this T&C, user must cease using the App, continued use of the App indicates user’s continued acceptance of these terms and conditions.

2. If, for any reason, we believe that the user has not complied with these T&C, we may, at our sole discretion, cancel user’s access to the registration areas of the App immediately and without prior notice.

3. We may terminate user’s registered account, at our sole discretion, by emailing the user at the email-address used for registration stating that the agreement has terminated.

Acceptable Usage

1. The user will not copy, reproduce, republish, download, make available to the public, or otherwise use our App and/ or content in any way except for the user’s own personal, non-commercial use. The user also agrees not to adapt, alter or create a derivative work from any our App and/ or content except for the user’s own personal, non-commercial use. Any other use of our App and/ or content requires the prior written permission of us.

2. The user agrees to use our App only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of our App.

3. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our App and elsewhere on the Internet, which are likely to be accessible for a long time and the user has no control over who will read them eventually. It is therefore important that the user is careful and selective about the personal information that the user may disclose about himself/ herself/ itself and others, and in particular, the user should not disclose sensitive, proprietary or confidential information in his/ her/ its comments to our public sections/forums.

4. Any commercial or promotional distribution, publishing or exploitation of the App, or any content, code, data or materials on the App, is strictly prohibited. Other than as expressly allowed herein, the user may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the App. The user further agrees that he/ she/ it may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the App, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. The user acknowledges that he/ she/ it does not acquire any ownership rights by downloading any copyrighted material from or through the App. If the user makes other use of the App, or the content, code, data or materials thereon or available through the App, except as otherwise provided above, the user may violate copyright and other laws of India, other countries, as well as applicable laws and may be subject to liability for such unauthorized use.

5. The user must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The user must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App.

6. In connection with submissions by users, user further agrees that he/she/it will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless he/she/it is the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein

7. Company does not endorse any user submission or any opinion, recommendation, or advice expressed therein, Company expressly disclaims any and all liability in connection with user submissions. Company does not permit copyright infringing activities and infringement of intellectual property rights on its App, will remove all content and user submissions if properly notified that such content or user submission infringes on another's intellectual property rights. Company reserves the right to remove content and user submissions without prior notice.

Content

1. The content of the App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only. Reliance on any information appearing on the App, whether provided by Company, independent professionals/experts, visitors to the App or others, is solely at the user’s own risk. BY USING THE APP, YOU AGREE TO USE THE APP FOR THE INTENDED INFORMATION AND COMMUNICATION PURPOSES ONLY AND PARTICULARLY NOT FOR ANY MEDICAL PURPOSES. ANY INFORMATION SHARED BY THE INDEPENDENT PROFESSIONALS/EXPERTS ON THE APP SHOULD NOT BE MISCONSTRUED AS MEDICAL ADVICE, PRESCRIPTIONS, OR DIAGNOSES AND THE USER AGREES TO CONSULT A MEDICAL EXPERT/ MEDICAL PROFESSIONAL/ MEDICAL PRACTITIONER IN CASE OF ANY INDIVIDUAL HEALTH ISSUES.

2. The user may be able to link from the App to third party sites and third-party sites may link to the site (“linked sites”). The user acknowledges and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites. Links to linked sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites. The inclusion of any link to such sites on our App does not imply Company’s endorsement, sponsorship, or recommendation of that site. Company disclaims any liability for links (1) from another site to this App and (2) to another site from this App. We cannot guarantee the standards of any site to which links are provided on this App, nor will be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party site are accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked site. Any reliance on the contents of a third-party site is done at the user’s own risk and the user assumes all responsibilities and consequences resulting from such reliance.

Services

1. The Company provides an opportunity to the user to purchase its services through various service plans.

2. All services/service plans and information displayed on the App constitute an "invitation to offer". Request for booking of any service plan by a user shall constitute an "offer" which shall be subject to the terms and conditions as detailed in this Agreement and the relevant service plan. The Company may accept or reject user’s offer in its sole discretion which cannot be contested by the user.

3. User can purchase a service plan as detailed under the App or email us at Kyrbit18@gmail.com.

4. Once the request is placed it is an express intention to purchase Company’s services as per the service plans and the same may not be cancelled except as provided hereunder.

5. Based on the information provided by the user and subject to the Company’s verification of the same, the requests will be accepted by the Company for processing and the same will be confirmed via e-mail. 

6. All requests will be processed once the Company receives the payment for the service as detailed under the service plan

7. The prices for services are described on the App and are incorporated into these terms by reference. All prices are in Indian rupees and are exclusive of applicable tax. The prices, products and services are subject to change at the Company’s discretion. 

8. In the event of any inadvertent mistake by the Company in quoting the price of a service plan, the Company will notify the user of the error before the payment is processed. The User will then have the choice to either accept the correct price or to cancel its request.

9. The Company accepts online payment via Credit Card, Debit Card and Net Banking. The user is solely responsible for all charges owed for all goods and services booked and/or purchased through the App. The products and services of the Company can be purchased by a user by one-time lump sum payment or through easy monthly installments as provided in the App.

10. The user agrees, understands, confirms and states that the card details provided by the user to transact on the App will be correct, accurate and is owned by the user. In the event user uses a card belonging to any third party, then, user confirms that user has been authorized to or expressly permitted by such third party to use the card for making payments. The liability for use of a card fraudulently will solely be on the user and the onus to 'prove otherwise' shall be exclusively on the user. 

11. User shall be solely responsible for compliance of all applicable laws for making payments to Company. In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover any and all costs, expenses, charges, damages of any nature whatsoever, from any user using the App fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the App and any other unlawful acts or acts or omissions in breach of these T&C.

No Liability

1. The content and other information on this App is provided on an "as is" basis. To the fullest extent permitted by law, Company:

(i) excludes all representations and warranties relating to this App and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in this App; and

(ii) excludes all liability for damages arising out of or in connection with the disclosure of the information and/or user’s use of this App. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the user have advised Company of the possibility of such potential loss), damage caused to the user in any manner whatsoever including but not limited to the user’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

2. The use of this App is entirely at the user’s own risk, and in no event shall Company be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this App or sites accessed through this App, and/or content or information provided herein. COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION USER TAKES BASED ON THE CONTENT AVAILABLE ON THE APP. USER MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT ON THE APP, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. The user’s sole and exclusive remedy for dissatisfaction with the App is to stop using the App.

Indemnity

1. The user agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents 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 Company 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 the user pursuant to these terms.

2. The user agrees that the user is solely responsible for anything he/ she/ it may post such as any information, content, user information, personal or sensitive data or any sort of query, response, information, etc. on the App, and that the user agrees to defend, indemnify, and hold Company, its officers, directors, employees, agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from the user’s violation of these T&C or any claims based upon the user’s posts/submissions on the App.

Intellectual Property Rights

1. The trademarks, logos and service marks or any other right associated with intellectual property displayed on the App shall be the property of Company and/or its affiliates, as the case maybe or respective third parties. The user is not permitted to use the same.

2. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company has the license into the trademark "Kyrbit7", and Company and/or its affiliates, as the case maybe owns all intellectual property rights to and the App including, without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user acknowledges and agrees that he/ she/ it shall not use, reproduce or distribute any content from the App belonging to Company and/or its affiliates.

3. The users agree and acknowledge that any infringement of the intellectual property rights of Company and/or its affiliates will result in legal action against the user.

4. Company respects the intellectual property of others, and we ask our users to do the same. Company has no responsibility for content on other Apps linked to the App that you may find or access. It is Company's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Company and/or others.

Warranty

1. All content is available on "as is" basis, without warranties, representations, or guarantees of any kind. Company disclaims any and all implied warranties respecting content on App. The opinions expressed in App are the opinions of the individual author/ independent professional or expert and do not reflect the opinions of Company.

2. Company makes no warranties or representations about the accuracy or completeness of the App's content or the content of any sites linked to the App and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the App. We do not guarantee that the App will be secure or free from bugs or viruses and the users should use their own virus protection software, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the App. Company does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked App/App/content or featured in any banner or other advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Applicable Law and Jurisdiction

These T&C are governed by the Indian laws, without respect to its conflict of laws principles. The courts of Gurgaon, Haryana and High Court of Punjab and Chandigarh shall have the exclusive jurisdiction in respect of any and all legal dispute or matter arising out of user’s use and access of the App. The parties expressly agree that in case any dispute arising out of services rendered, access or use of the App or content they shall make all attempts to resolve it by amicable settlement and discussion.

Entire Agreement

These T&C shall constitute the entire agreement between the parties and supersedes all other terms and conditions and/ or agreements relating to the subject matter, and set out the complete legal relationship between Company and any other party arising from or connected with the subject matter. For the avoidance of doubt, in the case of any conflict between these T&C, and any other agreement, these T&C shall apply.

Severability

If any part of these T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the T&C shall continue in effect.

Notices

Any and all notices, statements or other communication relating to any disputes, grievances experienced by the user shall be given or made in writing in the English language and delivered by electronic mail or sent by prepaid post with recorded delivery addressed to us at the following address: Kyrbit18@gmail.com

COOKIES POLICY

This App ("App") is owned, hosted and maintained by Kyrbit7 Health Tech Private Limited ("Company" or "We" or "Us"). We are committed towards protecting the privacy of the users who visit and register on the App ("User" or "Users"). We use "Cookies" and other similar technology to automatically collect information about the Users activity as the Users navigate through the App. By using the App, the User agree that these types of Cookies can be placed on the User’s device and further acknowledge the acceptance without limitation or qualification of Cookies Policy as mentioned herein ("Cookies Policy"), which forms a legally binding contract between the User and Us.

User acknowledges that this Cookies Policy shall be read as part of the Privacy Policy mentioned in respect of the App. Unless otherwise defined herein, the defined terms used in this Cookies Policy shall have the same meaning as assigned to them in the Privacy Policy.

Cookies are software code that the App sends to the browser when Users access the App. They are small data files stored on the hard drive of the User’s device by an App Among other things, Cookies enable us to recognize the Users and maintain their web session while they browse on the App Cookies are linked to personal information and We use them to collect and store information about the individual usage, preferences and activity patterns of the Users on the App However, Cookies does not give us access to User’s device.

We may combine any information about the User that We collect automatically on the App by use of the Cookies including User ID, registration information and/or any information that We maintain in our database or that We receive by any other legal arrangement. We use this information to improve the App, to help understand the preferences of the User, tailoring and measuring advertisements and to provide the User with a better and a more personalized experience.

In addition, the Users device or browser may offer settings that warn the User each time a cookie is being sent and allows the User to choose to disable/turn off all the cookies and to delete them. However, if the Users turn cookies off, some features that make the User’s experience more efficient, will be disabled and may not function properly. The User expressly acknowledge that the Company shall not be responsible for cookies placed in User’s device by any other App/app and information collected thereto including but not limited to any linked site (as defined under the Privacy Policy).