Effective: 1st Aug 2021
This website and / or application and /or platform, and all services provided by Avanzar Tech Solutions Private Limited (“SpringHomeo”). The terms “you” and “your” refer to you, the person or entity using the website, application and/or procuring any goods, service or product from SpringHomeo.
SpringHomeo offers the website, application, platform and any services conditioned upon your acceptance of all terms conditions policies and notices stated here. By procuring a service from SpringHomeo, or by use of the application, website or platform, you agree to be bound by these terms and conditions (“Terms of Service or “Terms”), as applicable, to the use of this website, application, platform and any services.
Please note that by use of this website, application, platform and any services provided by SpringHomeo, you also agree to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink: [<>], other policies of SpringHomeo.
These Terms of Service apply to: (A) medical practitioner or health care provider (whether an individual professional or an organization) or similar institution providing the services on the Platform (“Medical Professional”); (B) A patient, his/her representatives or affiliates, searching for or consulting a Medical Professional through the Platform (“Patient”); and (C) all users of the website, platform and any services provided by SpringHomeo, except as may be specifically agreed otherwise in writing.
Please read these Terms of Service carefully before accessing or using the website, platform and using any services provided by SpringHomeo. By accessing or using any part of the website, application or platform or by the use of any services provided by SpringHomeo, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service of this agreement, then you may not access the website, application, or platform or the use any products, application or services provided by SpringHomeo. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service.
Any new product or services provided by SpringHomeo, or any new features or tools which are added to the website or platform shall, unless specifically stated otherwise, be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. SpringHomeo reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to SpringHomeo’s website or platform. It is your responsibility to check this page periodically for changes. Following the posting of any changes, your continued use of or access to the website or platform or the use of the product or services from SpringHomeo, constitutes acceptance of such revised Terms of Service.
Bold terms, not defined elsewhere in these Terms of Service, shall mean as follows:
“Consultation Services” means the service provided by SpringHomeo that facilitates Patients & Medical Professionals to communicate and may access this feature on the Platform for the purposes of consultation with a Medical Professional.
“Delivered Records” means the electronic or physical copy of all/any of the Records stored online on the cloud-based offering or offline with ‘Medical Practitioner’
“Healthcare Records” shall mean and include the personal medical records of individuals who are patients of the users of the Platform comprising of (without limitation) all indoor and outdoor patient records including diagnostic reports, lab reports, prescriptions, patient vital data and parameter recordings, doctors notes, dietician notes, nursing notes and records, consent forms, reports of investigations done, prescribed treatment, pathology and radiology reports, audio notes, surgical and other operative videos, hospital admission forms or other data, and all necessary documents or other information relating to the medical health of each respective individual patient etc
“Intellectual Property Rights” means: (a) patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, rights in knowhow and other Intellectual Property Rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world; (b) rights under licenses, consents, order or statutes or otherwise in relation to a right under paragraph (a); (c) rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist; (d) the right to sue for past infringements or any of the foregoing rights.
“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law;
“Platform” means the CRM application, web-based platform, Tele-Consultation platform and any Mobile Application owned and operated by SpringHomeo, including any updates thereof, to be used for the provision of the Services;
“Records” means all necessary and relevant documents of the user of the Digitization Services for which the Digitization Services is required to be provided which includes but is not limited to all Healthcare Records of its patients, all other necessary documents or information relating to the business of the user of the Digitization Services such as spreadsheets, tables, photographs, drawings, diagrams, audio recordings, videos, reports, lists, or any other data, financial details, personal and health data of each of its respective employees;
“Services” Consultation Services (Both Online Tele-Consultation and Physical), Medicine Delivery and all other features and services provided by SpringHomeo on the Platform;
“User” means any user of the Services or Platform.
“Third Party Pharmacy” means a separate Pharmacy(Stand Alone or Pharmacy Chain) which provides/dispenses medicines to SpringHomeo Users as a third party/vendor/supplier
2. Acceptance of the Terms of Service
2.1 The User agrees that the User shall be bound by these Terms of Service by using the Platform, by accessing the Platform, or by otherwise availing of the Services from SpringHomeo. If the User does not accept these Terms of Service, the User will not be permitted to avail the Services.
2.2 For the User’s use of the Platform and the Services, SpringHomeo grants the User a limited, non-exclusive, non-transferable right to install and / or use the Platform. However, the User shall not copy the Platform or any of its components, except for the purpose of making a backup copy for the User’s personal use. SpringHomeo also grants the User a non-exclusive, non-transferable license to access such content on the Platform which is owned by SpringHomeo.
3. Conditions for use
3.1 By agreeing to these Terms of Service, a User represents that the User is at least the age of majority i.e. 18 years. The User represents and warrants that the User has the full power and authority to accept the Terms of Service and use the Services provided by SpringHomeo, or otherwise use the Platform under these Terms of Service and that these Terms of Service are binding upon the User and enforceable in accordance with their terms. All Services by SpringHomeo for providing any Services are governed by these Terms of Service.
3.2 Please note that the Platform will be also subject to the terms of service of the Google Play Store or Apple App Store, as and when applicable. If there is any conflict between Google Play Terms of Service or Apple App Store Terms of Service and these Terms of Service with respect to a User’s use of the Platform, then, these Terms of Service shall prevail.
3.3 The User agrees that the User shall, as required or instructed by SpringHomeo, update the Platform (if so required) and / or any device to operate the Platform, as may be instructed by SpringHomeo.
3.4 Any use of the Platform shall be consistent with all applicable laws, including without limitation, the Information Technology Act, 2000, the Indian Penal Code, 1860, the Indecent Representation of Women Act, 1986, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Telemedicine Practice Guidelines and all other applicable rules, regulations and guidelines.
3.5 The Platform also collects payments due to medical practitioners, pharmacies and diagnostic laboratories / centres for their services that are booked through the Platform. SpringHomeo reserves the right to change the charges and payment terms at any time. If SpringHomeo does not receive the relevant payment for any services availed through the Platform, SpringHomeo reserve the right to suspend or cancel the order for the said service or to not provide the User with the service. Any charges paid are non-refundable except in SpringHomeo’s sole discretion.
3.6 SpringHomeo shall use a third-party payment aggregators for processing payments. The processing of payments will be subject to the terms, conditions and privacy policies of the payment aggregator, in addition to these Terms of Service. SpringHomeo does not control and is not liable for the security or performance of the payment gateway. SpringHomeo reserves the right to correct, or to instruct the payment aggregator to correct, any errors or mistakes, even if payment has already been requested or received.
3.7 SpringHomeo Platform will be using different ‘third party’ platforms for handling various communications (calls – inbound, outbound calls, SMS, WhatsApp Messages, Video Calls, Internal platform chats, etc.) with the Users and Medical Professionals.
4. Use of the Consultation Services by a Patient
4.1 For use of the Consultation Services, the Patient can choose the Medical Professional. In cases where Users cannot or does not choose a Medical Professional, SpringHomeo may assign a Medical Professional without any liability.
4.2 In case any prescription is being provided to User by the Medical Professional, the same is being provided basis the online or offline consultation in accordance with applicable laws, however it may vary when examined in person, hence, in no event shall the prescription provided by Medical Professional be relied upon as a final and conclusive solution and SpringHomeo shall have no liability for the same.
4.3 The Patient agree to use the advice from Medical Professional on the Platform pursuant to an ongoing treatment with their medical practitioner, a condition which does not require emergency treatment, physical examination or medical attention, medical history available as records with them for reference, a record of physical examination and report thereof with them, generated through their local medical practitioner, consultation with their medical practitioner before abandoning or modifying their ongoing treatment etc.
4.4 The Patient acknowledges that by using the Consultation Services, the Medical Professionals may not be conducting physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination and the Patient acknowledges and agrees that the Patient is aware of this limitation and agrees to assume the complete risk of this limitation and acknowledges that SpringHomeo shall not be liable in any manner for the same.
4.5 The Patient understands that the Consultation Services shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation and the advice provided by the Medical Professional is based on general medical conditions, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the Patient is procuring medical services or engaging in communication with the Medical Professional.
4.6 Notwithstanding anything contained herein, SpringHomeo is not in any manner responsible for any drug/medicines prescribed or the therapy or the advice prescribed by the Medical Professional or any communication exchanged between the Patient and the Medical Professional, whether on the Platform or otherwise. SprinHomeo is also not responsible for the accuracy/correctness of the ‘Third Party Pharmacy’ in dispensing of the drug/medicines, as per the prescription of the Medical Professional.
4.7 Any conversations that the Patients have with the Medical Professional will be subject to doctor patient confidentiality and treated as such as per the applicable laws and SpringHomeo’s policies.
4.8 The Patient hereby agrees to SpringHomeo carrying out an audit of his/her consultations, communications or other information on the Platform for the purpose of improving treatment quality, user experience, and other related processes.
4.9 The Patients are required to refrain from raising any personal queries or advice on the Platform which are not related to a specific disease / medicine and use abusive language on the Platform. SpringHomeo reserves the right to restrict access of the Platform to the User for any breach of these Terms of Service.
4.10 The Patients shall be prepared to share all relevant documents or reports to the Medical Professional promptly upon request. The Patients may share images or videos of the affected areas of their body parts with the Medical Professional only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. SpringHomeo shall not be responsible for any such information, images or videos shared by the Patients with the Medical Professional. The Patients understands and agrees to provide accurate information and will not use the Platform for any acts that are considered to be illegal in nature.
4.11 For the use of the Consultation Services on the Platform, the Patient shall not obtain consultation for more than one Person. In the event, the Patient attempt to obtain consultation for more than one Patient through a single consultation, such consultations may not be addressed by the relevant Medical Professional.
4.12 The Patients are required to make payment for the Consultation Services in the manner prescribed by SpringHomeo and for the amounts as specified. If a Patients decides to engage with a Medical Professional to procure medical services or engages in communication, exchange of money for services outside of Platform, the Patient shall do so at their own risk.
4.13 The Patient shall indemnify and hold harmless SpringHomeo and its affiliates, subsidiaries, vendors, suppliers, representatives, directors, officers, employees, interns, third party pharmacy and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Platform by the Patient, by breach of the Terms of Service or violation of any law, rules or regulations by the Patient, or due to such other actions, omissions or commissions of the Patient that gave rise to the claim.
4.14 Please note that SpringHomeo and its employees and officers do not practice medicine, do not provide medical consultation, do not prescribe medication, do not manufacture medication and do not prepare/dispense medication. SpringHomeo merely provides the Platform which is a technology platform and infrastructure that enables a User to connect with Medical Professional listed on the Platform and to use the messaging or communication facilities of the Platform that are designed to enable you to communicate with others to consult with a Medical Professional. The use of the Platform does not create a doctor/patient relationship between the User and SpringHomeo. SpringHomeo shall not be responsible or liable for any defect or deficiency in the medical consultation, diagnosis, treatment recommended, medicine prescribed to a User by any Medical Professional or by any Third party pharmacy.
5. Use of the Consultation Services by a Medical Professional
5.1 The Medical Professional shall promptly reply to SpringHomeo after receiving communication regarding a Consultation. The Medical Professional further understands that, there is a responsibility on the Medical Professional to treat the Patient, pari passu, as the Medical Professional would have otherwise treated the Patient on a physical one-on-one consultation model.
5.2 The Medical Professional has the discretion to cancel any consultation at any point in time in cases where the Medical Professional feels, it is beyond his/her expertise or his/her capacity to treat the Patient. In such cases, it may trigger a refund to the Patient and the Patient has the option of choosing other Medical Professional. However, it is strongly recommended that the Medical Professional advise the Patient and explain appropriately for next steps which may include referring the Patient for further evaluation.
5.3 The Medical Professional is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities. The Medical Professional shall at all times ensure that all the applicable laws that govern the Medical Professional shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered. Please note that SpringHomeo makes reasonable enquiries to confirm the veracity of the qualification of Medical Professionals but is not responsible for any misrepresentation or fraud in this regard.
5.4 The Medical Professional shall ensure that they respond to Patient’s health concerns promptly.
5.5 The Medical Professional should provide e-prescriptions to the Users in accordance with the use of the Platform. The Medical Professional hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. Any advice given by the Medical Professional shall be consistent with applicable standards of professional care and responsibility.
5.6 In the event the Medical Professional learns about physical abuse, sexual misconduct (especially in minors), or self-harm by the Patients (suicide: planned, attempted or completed), the Medical Professional agrees to promptly report such events to SpringHomeo.
5.7 The Medical Professional should not use any other platform other than the Platform and/or guidelines provided by Spring Homeo, for the purpose of interacting/communicating with the Patient.
5.8 If the Medical Professional’s performance on the Platform is not compliant with the expected guidelines of SpringHomeo or the Medical Professional is found to be misusing the Platform or the Medical Professional to be in violation of any of the applicable laws/rules/ regulations/guidelines, the Medical Professional may be restricted from using the Platform.
5.9 The Medical Professional confirms that the information that is disclosed by the Patient at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to Patient and Medical Professional’s privilege. It shall be the responsibility of the Medical Professional to ensure that the information provided by a Patient is accurate and not incomplete and understand that SpringHomeo shall not be liable for any errors in the information included in any communication between the Medical Professional and the Patient.
5.10 The Medical Professional understands that SpringHomeo makes no promise or guarantee for any uninterrupted communication and the Medical Professional shall not hold SpringHomeo liable, if for any reason the communication is not delivered to the Patients, or are delivered late or not accessed, despite the efforts undertaken by SpringHomeo.
5.11 The Medical Professional understands that SpringHomeo makes no promise or guarantee for the number of consultations that will be allocated to a Medical Professional on the Platform.
5.12 The Medical Professional hereby agrees to SpringHomeo carrying out an audit of his/her consultations, communications or other information on the Medical Professional for the purpose of improving treatment quality, user experience, and other related processes.
5.13 The Medical Professional shall indemnify and hold harmless SpringHomeo and its affiliates, subsidiaries, vendors, suppliers, representatives, directors, officers, employees, interns, third party pharmacy and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Medical Professional, violation of any law, rules or regulations by the Medical Professional or due to such other actions, omissions or commissions of the Medical Professional that gave rise to the claim.
5.14 SpringHomeo does not recommend or endorse any Medical Professional or make any representations or warranties to a User with respect to the quality of the medical services a Medical Professional may provide to a User.
6. Availability of the services
6.1 The User may not use the Platform or Services for any illegal or unauthorised purpose nor may the User, in the use of the Platform, violate any laws in the User’s jurisdictions (including but not limited to copyright laws).
6.2 A User will be required to setup an account with SpringHomeo for the use of the Services. The User will be required to provide personal details, login information, a password and other information required by SpringHomeo in connection with the setup of the account.
7. Restrictions on the use of the Platform
7.1 SpringHomeo provides the Platform for use by the Users for availing the Services that are provided by SpringHomeo. The User agrees that the User shall not use the Platform or the Services in any manner inconsistent with these Terms of Service or in breach of applicable laws.
7.2 The availability of the Platform or the Services is subject to the maintenance of an active computer / mobile phone, electricity, internet connection and other utilities or infrastructure, as may be necessary. The User is solely responsible for all liability arising from the unavailability of the Platform, or the Services due to a deficient or defective computer / mobile handset or the internet service provider not being able to support the Platform or the lack of an electricity connection or any other utility or infrastructure which prevents the use of the Platform, or the availability of the Services.
7.3 The User shall be solely responsible for the confidentiality, safety and security of the user account opened by the User. The User shall be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of User’s account. In case the password is lost or misplaced, the User shall promptly inform SpringHomeo. In case the username and the password associated with the User’s account is lost/stolen/misplaced/hacked/no longer in the User’s control, The User shall promptly inform SpringHomeo. SpringHomeo will upon receipt of such information block the relevant account.
7.4 The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties.
7.5 The User shall not circumvent or disable any digital rights management, usage rules, or other security features of Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.
7.6 Without limiting the foregoing, the User agrees that the User shall not use the Platform, or the Services to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
(a) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, 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 whatsoever;
(b) infringes any patent, trademark, copyright or other proprietary rights;
(c) contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;
(d) advertises or offers to sell any goods or services for any commercial purpose;
(e) is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
(f) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
(g) violates any law for the time being in force;
(h) belongs to another Person to which the User does not have any right to;
(i) interferes with or disrupts the Platform or other SpringHomeo websites, servers, or networks;
(j) impersonate any other person;
(k) harms minors in any way;
(l) forges headers or manipulates identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate the User’s presence on its websites;
(m) engages in any illegal activities;
(n) defame SpringHomeo, its employees, officers, directors, agents, partners and service providers, including without limitation, by posting any defamatory content on any social media;
(o) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
7.7 The User shall not attempt to or engage in any activity that may:
(a) reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by SpringHomeo to the User in writing or is required by the applicable law;
(b) use any robot, spider, retrieval Platform, or other device to retrieve or index any portion of the Platform or content thereof;
(c) collect information about other Users for any illegal or unlawful purpose;
(d) create any User accounts by automated means or under false or fraudulent pretenses for using the Platform;
(e) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
(f) use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other third party Person’s use and enjoyment of the Platform;
(g) carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or Services or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any other User of the Platform;
7.8 The User shall not use the Platform or the Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, or public policy or for any purpose that might negatively prejudice the goodwill of SpringHomeo or violate the Terms of Service.
8. SpringHomeo’s rights
8.1 SpringHomeo reserves the right to suspend/discontinue its products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following:
(a) For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Service.
(b) For any suspected discrepancy in the particular(s), documentation or information provided by the User;
(c) To combat potential fraud, sabotage, willful destruction, threat to national security, for any other force majeure reasons etc.;
(d) If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
(e) If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
(f) If the User does not have the control over the User’s login details and password or the User’s account is compromised in any other manner;
(g) If the User indulges in any abusive or aggressive or threatening behavior or any act or any intimidation or harassment of any kind (be it verbal or physical or written); and
(h) If SpringHomeo believes, in its reasonable opinion, that cessation/ suspension is necessary.
8.2 Users are requested to note that any refunds, cancellations or other modifications in connection with any payments made by Users for the Services is subject to the sole discretion of SpringHomeo.
9. Accuracy of information
9.1 SpringHomeo is not responsible if information made available on the Platform (including any information in relation to the Services) is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform (including any information in relation to the Products) is at the User’s own risk.
9.2 SpringHomeo undertakes no obligation to update, amend or clarify information in the Platform or on any related website, or in relation to the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Platform or on any related website, should be taken to indicate that all information in the Platform or on any related website has been modified or updated.
10.1 No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with SpringHomeo’s products/services or any data/content, including without limitation, the Services or the Platform. While SpringHomeo may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to its products/services, SpringHomeo does not warrant that products/services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that products/services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. SpringHomeo provide the products/services an “as is”, “where is”, “with all faults” basis.
10.2 The User acknowledges that he/she has not solely relied on any representation/warranty made by SpringHomeo, service providers, vendors, suppliers, third party pharmacies, subcontractors or agents and has made independent assessment of SpringHomeo’s products/services, including without limitation, the Platform. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Platform or on the Internet generally.
ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE PLATFORM.
11. Exclusions of liability
11.1 Notwithstanding anything to the contrary SpringHomeo, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other Person for:
(a) any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use SpringHomeo’s products/services and data/content or reliance on those, including without limitation, in case of the Services, the Platform, howsoever caused and regardless of the form of action (including tort or strict liability);
(b) any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or
(c) any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfunction of any computer or mobile phone, unavailability of an electricity connection, other telecommunications equipment, any other services or equipment necessary to access SpringHomeo’s products and services, including without limitation, the Services, the Platform.
(d) act or omission of any third party including but not limited to any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing;
(e) theft or loss of the User’s computer, mobile phone, the User’s data, the User’s login details and password, hardware and/or equipment on which the Platform is accessed or operated;
(f) the User being deprived of the use of the Platform as a consequence of any act or omission by SpringHomeo for any reason including but not limited to compliance with any applicable laws and/or regulations and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, SHALL SPRINGHOMEO OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS AND/OR PERSONNEL, BE LIABLE TO THE USER OR ANY PERSON FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THESE TERMS OF SERVICE, THE SERVICES, THE PLATFORM, OR ANY REFERENCE SITE, APP, PRODUCTS OR SERVICES; OR (II) THE USER’S USE OR INABILITY TO USE THE SERVICES, THE PLATFORM, OR OTHER PRODUCTS OR SERVICES OF SPRINGHOMEO OR ANY REFERENCE SITE; OR (III) ANY OTHER INTERACTIONS WITH SPRINGHOMEO; HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR IN EXCESS INR 1,000, OR ANY LOWER AMOUNT AS MAY BE PERMITTED UNDER APPLICABLE LAWS, WHICHEVER IS LESS.
12. Personal information
13. Intellectual property
13.1 All Intellectual Property Rights in the Platform or the Services belong to SpringHomeo or the applicable third-party owner of such rights. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing. SpringHomeo retains ownership of all right, title to, and interest in any and all Intellectual Property Rights developed, owned, licensed or created by the SpringHomeo.
13.2 No part or parts of the Platform may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without SpringHomeo’s prior written permission. The User may view, print or use SpringHomeo’s content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content.
13.3 The User shall not claim any rights or interest in the Intellectual Property Rights of SpringHomeo, or in connection with any other services, features or product offered by SpringHomeo to the User, including without limitation, the Platform or the Services. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of SpringHomeo (including without limitation any Intellectual Property Rights licensed to the Company by any other Person) (collectively, “IP Property”), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling and reverse engineering include, without limitation:
(a) converting the IP Property from a machine-readable form into a human-readable form;
(b) disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof;
(c) examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation thereof by, for example, studying the IP Property’s behaviour in response to a variety of inputs;
(d) performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or
(e) making any alteration or change to the IP Property without the express prior written consent of SpringHomeo.
Without prejudice to anything contained in the Terms of Service, the User agree to indemnify, defend and hold harmless SpringHomeo and SpringHomeo’s subsidiaries, affiliates, subsidiaries, vendors, suppliers, representatives, directors, officers, interns, employees, third party pharmacy and agents (“Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
If SpringHomeo does not exercise a right under these Terms of Service, shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by SpringHomeo, unless specifically agreed by SpringHomeo in writing.
The Platform shall undertake necessary processes to secure the data provided by the User. The Platform currently, encrypts the data provided with 256-bit encryption and stores it in a private cloud with SSL Security Protocols.
18. Third party links and advertisements
18.2 The Platform or SpringHomeo shall not be liable for any advertising representations made by the third Party and/or the quality and authenticity of the products or services advertised. The Platform or SpringHomeo does not endorse the goods and services featured in any third party advertisements.
18.3 The contents of any advertisement are meant only for commercial and promotional purposes and SpringHomeo shall not be responsible for any harm, damage or loss caused by reliance on such representations.
19. Force Majeure
19.1 For purposes of these Terms of Service, “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable (including without limitation an act of war, hostility, pandemic, epidemic or sabotage; act of God; electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); criminal, revolutionary, or terrorist activity), that: (a) was not caused by a party and, (b) prevents that party from complying with any of its obligations pursuant to these Terms of Service (other than an obligation to pay money) or provision of the Services.
19.2 If a Force Majeure Event occurs, the party that is prevented from performing (the “Nonperforming Party”) will be excused from performing those obligations rendered un-performable by the Force Majeure Event. Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of the Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter, the Nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance pursuant to these Terms of Service.
The User shall not assign or transfer the rights and obligations if the User under these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without SpringHomeo’s prior written consent SpringHomeo may assign or transfer the rights and obligations contained in this Terms of Service to any Person.
21. Governing law and jurisdiction
(a) These Terms of Service will be governed by the laws of the India without any application of conflict of laws principles.
(b) In case of any differences, disputes or disagreements between the User and SpringHomeo (“Dispute”), the User and SpringHomeo shall attempt to amicable resolve such dispute within 30 days from the date on which such Dispute arose.
(c) In case the User and SpringHomeo are unable to amicably resolve the Dispute within 30 days from the date on which such Dispute arose, the Dispute may, at the option of the User or SpringHomeo, be referred to arbitration by a sole arbitrator appointed by SpringHomeo, which the User agrees and acknowledges is being done as a matter of administrative convenience and the User waives any objection to the same. The seat of arbitration shall be Mumbai and the language of arbitration shall be English. The award of the sole arbitrator shall be final and binding on the User and SpringHomeo.
22. Contact Information
Questions about these Terms of Service should be sent to SpringHomeo at [email protected] SpringHomeo may give telephonic notice to the User by calls to appropriate numbers, by messaging to the telephone number, or by an email to the email address of the User available on record with SpringHomeo. The User accepts that notices by SpringHomeo by any of the above means shall constitute valid notice.
Spring Homeopathy is India’s fastest growing New-Age Homeopathy Chain providing a Global-First Virtual + In-Person Homeopathy Care Model.