Terms and Use- Anoveda
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
Welcome to Anoveda, an online marketplace located at www.anoveda.com (the “Platform”) and owned and operated by Anoveda Healthcare Private Limited (hereinafter “Anoveda”, “us”, “our”, and “we”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns). Anoveda, through the Platform, acts an online marketplace that connects customers with ayurvedic doctors to help human live healthy with the help of ayurvedic remedial solutions of all their healthcare problems. Anoveda makes the Platform available to inter alia (a) facilitate interaction between the Experts (defined below) and the Customers (defined below); (b) enable consultation with Experts; (c) facilitate communication, online payment and any orders (on request) for the Expert’s products and services between the Experts and Customers (hereinafter collectively “Services”).
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Any minor accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and Anoveda shall not be responsible or liable for any activities or interactions of such minor on the Platform.
TYPES OF USERS
“Customer”, “User”, “you” and “your” refer to the person, company, or organization (including any employee of such company or organization) that has visited or is using the Platform and/or the Service and/or is the registered user of the Platform (as the case may be). A User may be a Customer, Expert, both, or none, depending on the context of its use within these Terms.
“Expert” refers to a User of the Platform, whether an individual or professional ayurvedic practitioner/Doctor, who offers to provide such consultancy related ayurvedic goods and services including orders for the Customers (“Marketplace Products and Services”) to a Customer, as per the requirements of such Customer. It is clarified that Experts are neither the employees nor agents of Anoveda.
In order to use certain features of the Services, you must register for an account with us (“Account”) and provide certain information about yourself as prompted by the registration form which may vary from time to time by us. Upon entering the requisite details, we may verify the details provided by you by using such verification processes as we may deem fit from time to time, with details of such verification processes being duly intimated to you. Once your information is verified, your Account is created and is ready for use. You hereby agree that Anoveda reserves the right to decline to register you on the Platform at its sole discretion. At no point of time can you challenge Anoveda’s decision to not allow you to carry out any transaction on the Platform.
You may delete your Account at any time, for any reason, by following the instructions on the Platform. We may suspend or terminate your Account in accordance with the provisions of these Terms.
General: You acknowledge and agree that as a Customer you are solely responsible, and assume all liability, for negotiating key aspects of your engagement with the Expert, including inter alia (a) the classification of Expert as independent contractors and/or freelance service providers; (b) agreeing the scope and fee of services to be provided by the Expert;
(c) agreeing key milestones and the format of delivery of agreed Marketplace Product and Services;
(d) the timing of delivery of such Marketplace Product and Services; and
(e) payment to be made in lieu of such Market Place Product and Services.
Account– Once registered, in order to login into the Account, you will be required to provide the login credentials that were used by you at the time of registration, or you may log in through such other methods as may be adopted by Anoveda from time to time and duly intimated to you. You shall ensure that you exit/ logout from the Account at the end of each session.
GOVERNANCE OF MARKETPLACE PRODUCTS AND SERVICES
Any information provided on the Platform is for general information purposes only. We try to ensure that all information provided on the Platform is as accurate as possible and that information is correct (to the best of our knowledge) at the time of posting onto the Platform and is reviewed regularly. However, to the fullest extent permitted by law, we do not warrant that any information available on the Platform is accurate, complete, reliable, current, or error-free.
Only registered Users may buy and sell products/service offerings on the Platform as part of the Marketplace Products and Services, respectively. Registration is free unless specified otherwise. Prices of Marketplace Products and Services on the Platform are determined by the Expert.
The details of Marketplace Products and Services are displayed on the Platform on an “as is” and “as available” basis. You recognize and confirm that Anoveda does not assume responsibility for the accuracy or completeness of such information and will not be responsible or liable to verify the accuracy or completeness of such information.
RELATIONSHIP OF THE PARTIES
Anoveda is not a party to contracts:
The business relationship including commercial/contractual terms, duration and quantum of payment/contribution to be made by each User to another User exists exclusively between Customer and Expert and the Customer pays the Expert for Marketplace Products and Services. Experts are not the employees or agents of Anoveda. Anoveda does not promote any Expert and/or Customer and should a User choose to proceed with a transaction with another User (whether an Expert and/or Customer), Anoveda will not be a party to such interaction and take no liability arising from such interaction. Anoveda is not engaged in the business of provision, grant or disbursal of Marketplace Products and Services or any other similar products or services but merely provides an infrastructure that enables Customer’s access to Experts.
Reviews– From time to time, Customers may submit reviews of Experts; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. Anoveda will have no responsibility or liability of any kind for any User Content (defined below) or any advice you encounter on or through the Platform, and any use or reliance on User Content or advice is solely at your own risk.
Services on the Platforms. The provision of services to you on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Anoveda strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and Anoveda isn’t liable for any disruption or loss you may suffer as a result. Anoveda may discontinue some or all of the Services provided on the Platform, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.
PAYMENT TERMS AND TRANSACTIONS
The Platform permits Users to consult the Experts/Ayurvedic Doctors. Any fee/charges for the purchase of goods and services as may be applicable on website shall be including online payments through such payment aggregators integrated in the Platform for the purpose of carrying out such payment services.
While availing any of the payment method/s available on the Platform, Anoveda will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to a User due to:
- Lack of authorization for any transaction(s), or
- Exceeding the pre-set limit mutually agreed between you and bank/s, or
- Any payment issues arising out of the transaction, or
- Rejection of transaction for any other reason(s) whatsoever.
You acknowledge that Anoveda will not be liable for any damages, interests or claims, losses resulting from or suffered on account of a transaction/ transaction amount not being processed or any delay in processing a transaction/ transaction amount which is beyond the control of Anoveda.
REFUND AND CANCELLATION
You agree and understand that the Marketplace Products and Services are purchased and sold by Users of the Platform and not by Anoveda. It is assumed that all Users, who buy or pay for these Marketplace Products and Services are fully aware of what they are buying/purchasing and that they have read all documentation in relation to such provision of the relevant Marketplace Products and Services (including, inter alia, the terms of services captured thereunder and the price of such services).
Once a payment is made for purchase of Marketplace Products and Services, the Customer may cancel the requirement in the event the Customer discovers that the Expert has acted fraudulently or has misrepresented to the Customer (with such fraud or misrepresentation being supported with written documentation to Anoveda) or the Customer is dissatisfied with the Market Product and Services offered by the Expert. In such an event, Anoveda will to the best of its ability provide the Customer with a different Expert (“Replacement”). In the event, the Customer does not choose to proceed with the engagement with the Replacement, Anoveda will refund the amount to the customer after deducting any cancellation fee, if applicable as may be notified by Anoveda in advance to the Customer from time to time. Subject to the provisions contained herein, Anoveda shall refund the sums received from the Customer within a period of fourteen (14) days in a manner indicated by Anoveda. Subject to the foregoing, Anoveda shall only be liable to pay the cancellation charge to the Customer, if Anoveda has not made any payment to the Expert after receiving the same from the relevant Customer or the relevant Expert has refunded the required amount in full to Anoveda.
Notwithstanding anything contained in these Terms, Anoveda shall not be liable to make any payment to the Customer and/or Experts in relation to any refund or cancellation charge if such cancellation results from the delay and/or non-performance of the Customer and/or Expert (as applicable) of its obligations as set forth under these Terms and as agreed between the Users in writing.
GOVERNING LAW & DISPUTE PROCEDURES
These Terms shall be governed by the laws of India. Anoveda encourages Customers and Experts to try and settle disputes amongst themselves, however, if this is not possible, Anoveda may partake in the dispute resolution process by obtaining information about the dispute from both the Customer and Expert enable the parties to arrive at an amicable solution.
If both the Expert and Customer fail to settle the dispute amicably, they shall irrevocably submit to the exclusive jurisdiction of the Courts in Ajmer, Rajasthan, for any action or proceeding regarding these Terms. Any dispute or claim arising out of or in connection herewith, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of procedure of the Indian Arbitration & Conciliation (Amendment) Act, 2021, thereof. The arbitration tribunal shall be composed of a sole arbitrator, and such arbitrator shall be appointed mutually by the Parties. The place of arbitration shall be Ajmer, Rajathan, India and the arbitration proceedings shall take place in the English language.
Your permission to use the Platform and the Services is conditioned upon the following use restrictions and conduct restrictions, whereby you agree that you will not under any circumstances during the use of the Platform, host, display, upload, modify, publish, transmit, store, update or share any information that:
- except as expressly provided in these Terms, belongs to another person and to which you do not have any right;
- abusive, threatening, obscene, defamatory, libellous, objectionable and offensive, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever;
- incorrect, incomplete or misleading in any way;
- harmful to minors;
- involving transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- provides instructional information about illegal activities such as violating someone’s privacy or providing or creating computer viruses;
- attempts to, or harass, abuse or harm another person or group;
- provides false or inaccurate information or impersonates another person when registering an Account;
- interferes or attempts to interfere with the proper functioning of the Platform or Services;
- collects or stores personal data about other Users;
- publishes or links to malicious content intended to damage or disrupt another User’s browser or computer;
- infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, Account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform;
- interferes with another user’s use of the Platform;
- impersonates another person;
- 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 investigation of any offence or is insulting any foreign states;
- refers to any website or URL that, in Anoveda’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
- deceives or misleads the addressees/users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
- contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information, and/or
- violates any applicable law for the time being in force.
- By submitting our webform, you agree to receive calls on the number shared, and such calls and SMS would be coming from a third-party platform.
INTELLECTUAL PROPERTY RIGHTS
Except for User Content, all of the content and services and products provided on the Platform including without limitation text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by Anoveda or others (including without limitation, the third party service providers) that Anoveda licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by Anoveda and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Anoveda and such others. You thereby agree to protect the proprietary rights of Anoveda during and after the subsistence of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices.
You shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly:
(a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform;
(b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform;
(c) violate any applicable laws, rules or regulations in connection with your access or use of the Platform;
(d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform;
(e) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended;
(f) distribute or transmit the Platform or other services;
(g) use the Platform for any purpose not in accordance with these Terms;
(h) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any Services offered by Anoveda or use the contents of the Platform to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with the Services;
(i) derive any confidential information, processes, data or algorithms from the Platform or access the Platform for the purposes of accessing a database of Anoveda User’s to contact off the Platform; or
(j) bypass any robot exclusion headers or other measures Anoveda takes to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data.
Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.
You agree to indemnify and hold Anoveda (and our officers, employees, and agents) harmless, including costs and lawyers’ fees, from any claim or demand made by any third party due to or arising out of:
(a) your use of the Platform and Services;
(b) the services you request as a Customer or the services you provide as an Expert;
(c) your violation of these Terms; or
(d) your violation of applicable laws or regulations.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
LINKS TO OTHER SITES AND/OR MATERIALS
Third Party Platforms. As part of the Services, we may provide you with convenient links to third party website(s) (“Third-Party Platforms”) as well as content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content”). Users may also include links to their website or other Third-Party Platforms on their listings. These links are provided as a courtesy to Users. We have no control over Third-Party Platforms and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Platforms or Third-Party Applications, Software or Content. If you decide to leave the Platform and access the Third-Party Platforms or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern such access or usage. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.
AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting these Terms consent to the receipt of communication from Anoveda by way of Whatsapp messages @ +919772211716 and e-mail at email@example.com. These messages, emails and calls could relate to your registration or the transactions that you carry out through the Platform and promotions that are undertaken by Anoveda, services from Anoveda and its third-party partners.
DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE “MATERIALS“) ARE PROVIDED BY ANOVEDA ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ANOVEDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE MATERIALS AND THE ACCURACY OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANOVEDA OR THROUGH OR FROM THE PLATFORM OR CONTENT THEREIN SHALL CREATE ANY WARRANTY. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT ANOVEDA, AT NO TIME, IS MAKING ANY REPRESENTATIONS OR WARRANTIES REGARDING PROVISION OF SERVICES BY ANY OF THESE THIRD PARTIES NOR WILL ANOVEDA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH SUCH THIRD PARTIES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST ANOVEDA WITH RESPECT TO THE SERVICES PROVIDED BY SUCH THIRD PARTIES. ANOVEDA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. ANOVEDA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE MATERIALS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, ANOVEDA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
LIMITATION ON LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THE SCHEME INFORMATION; (B) PERSONAL INJURY OR GOODS DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM; (C) DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING IN CONNECTION WITH THE TRANSACTION BETWEEN YOU AND THE RELEVANT USER TOWARDS PROVISION OR AVAILING OF MARKETPLACE PRODUCTS AND SERVICES; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; AND/OR (G) 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 PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANOVEDA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, IN NO EVENT WILL ANOVEDA TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID ANOVEDA FOR THE PURCHASE OF ANY PRODUCT. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.
In relation to the collection, storage and processing of the any data/information of the Users, you hereby represent that you shall, at all times, be in compliance with the Information Technology Act, 2000 and Rules made thereunder and all such regulations in India or abroad in relation to data privacy that may be applicable to you.
RIGHTS & RESERVATIONS
Anoveda reserves the right to:
- Make all decisions in relation to inter alia your registration with Anoveda;
- Request additional documents and additional information from you for the purpose of your registration as a user with the Platform; and
- Deny access to the Platform or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under these Terms; (iii) violation of any of the provisions of these Terms or any applicable laws.
TERM AND TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Platform and/or Services (including your Account) or (b) terminate this your Account or these Terms, at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of your User Content. Upon termination of these Terms, all of the provisions will terminate except those that by their nature should survive.
GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Dr. Yashwant Pareek
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of these Terms or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.