TERMS AND CONDITIONS

Important: Read Our Terms and Conditions Before Use

The following terms and conditions (the “Terms and Conditions”) govern Limited, having its registered office at Creware Coworks, Business Park, Near Khatu Shyam ji temple, Isckon Road, New Sanganer Rd, Jaipur, Rajasthan 302020 (hereinafter referred to as the “Company” or “us” or “we”, which expression shall mean and include its officers, successors and permitted assigns) and any content, features or functionality made available from or through this Website, including any sub-domains thereof, or application (the “Website”).

The Company has developed a secure data management system for healthcare institutions/professionals. The purpose of this system is to store complete medical records of the patients provided by the healthcare institutions/professionals, within our platform through the IoT devices provided by the Company. This would allow the patients to access the data digitally on the mobile application developed by the Company and the same can be shared with any registered doctor, licensed pharmacist, healthcare institution/professional, etc. with a single click. The healthcare institutions/professionals would be able to access the medical data on both web and mobile applications which the Company develops.

The Services may be provided by the Company through the Platform, and its suite of products and services, as may be identified by the Company from time to time. These Terms and Conditions set out the Company's practices with respect to the entire scope of Services provided by the Company.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This is a legal agreement between you, the user (“User” or “You“) of the Service, as defined below, and stating the terms that govern your use of the Website, as set out below. If you do not agree to these Terms and Conditions, you are not entitled to use the Website and any use thereafter shall be unauthorized.

Definition of “User” or “You” means any person who accesses or avails of this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying, or uploading information or views and includes other persons jointly participating in using the Website.

By continuing to access, link to, or use this Website, or any service on this Website, you signify your acceptance of the Terms and Conditions.

Company reserves the right to amend, remove, or add to the Terms and Conditions at any time at its sole and absolute discretion. Such modifications shall be effective immediately. Accordingly, please continue to review the Terms and Conditions whenever accessing, linking to, or using the Website. Your access, link to, or use of the Website, or any service on this Website, after the posting of modifications to the Terms and Conditions, will constitute your acceptance of the Terms and Conditions, as modified.

Some of the services on the Website may be subject to additional posted Terms and conditions. Your use of those services is subject to those conditions, which are incorporated into these Terms and Conditions by reference. In the event of an inconsistency between these Terms and Conditions and any additional posted conditions, the provisions of the additional conditions shall control.

If, at any time, you do not wish to accept the Terms and Conditions, you may not access, link to, or use the Website. Any terms and conditions proposed by you which are in addition to or conflict with the Terms and Conditions are expressly rejected by the Company and shall be of no force or effect. In such case, you are prohibited from accessing the Website and any such access shall be unauthorized.

1. Eligibility

You will be eligible for the Services on the Website only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, inter-alia, if he/she is above eighteen (18) years of age, is of a sound mind, and is not disqualified from contracting by any law to which he/she is subject. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing, and adhering to these Terms and Conditions and that you agree to be bound by the following terms and conditions.

While individuals under the age of 18 may utilize the Services of the Website, they shall do so only with the involvement & guidance of their parents and/or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and/or comment and any other use or Services of the Website and provide your details including but not limited to complete name, age, email address, residential address, and contact number.

2. Proprietary Rights

As between you and us, we own, solely and exclusively, all rights, titles, and interest in and to the Website including all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, videos, copy, text, software, titles, Shockwave files, etc.), code, data, and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data, and materials on the Website, including but not limited to any copyrights, trademark rights, trade secrets, know-how, patent rights, database rights, service marks, moral rights, sui generis rights and other intellectual property and proprietary rights therein (collectively referred to as the “Company IPR“).

Your use of the Company IPR does not grant you ownership of any content, code, data, or materials you may access on or through the Website or through the use of Company IPR. Your use of the Company IPR is only a limited, non-exclusive license to use the Company IPR while accessing the Website. You agree to comply with all written requests made by the Company or its suppliers and licensors of content, equipment, or otherwise (“Suppliers“) to protect their and others’ contractual, statutory, and common law rights in the Company IPR.

3. Acceptance Clause

The Terms and Conditions along with the privacy policy shall apply to Users of Website. For creating access to the Website/App, You have to register yourself with Us. Any credentials given by You shall be kept confidential except certain information which may be shared with third-party with Your prior consent (in writing to the prescribed email id). We shall communicate with You from time to time via email or in any other manner (offline/online) in regard to Your registration with us or for any other updates/alerts. Your utilization of the Website, Application, or administrations regarding the Application, Website, or items (“Services”), or enlistments with us through any modes or use of any items will imply Your acknowledgment of this Policy and Your consent to be lawfully limited by something very similar.

4. Communication

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise.

5. Limited Use

All present and future rights in and title to the Company IPR (including the right to exploit the Company IPR and any portions thereof over any present or future technology) are reserved for the Company for its exclusive use. You may access and view the content on the Website on your computer or other device and, except as specifically permitted by these Terms and Conditions, you may not copy or make any use of the Company IPR or any portion thereof.

Unless otherwise specifically indicated in these Terms and Conditions or on the Website, use of the Website and the Company IPR, are only for your personal, non-commercial, and internal use. Except as specifically permitted herein, you shall not use the Website or the Company IPR, or any portion thereof or the names of any individual participant in, or contributor to, the Company IPR, or any variations or derivatives thereof, for any purpose, without the Company’s prior written approval.

6. Prohibited Use

Unless otherwise specifically indicated in these Terms and Conditions or on the Website, any commercial or promotional distribution, publishing, re-circulation, re-distribution or exploitation of the Service or any content, code, data, or materials on the Website, or any portion of the Service or Company IPR is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder.

You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, recompile, decompile reverse engineer any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.

You shall not use the Service or the Website for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the Terms and Conditions. You agree not to use, transfer, distribute, or dispose of any information contained in the Service or Company IPR in any manner that could compete with the business of the Company or any of its Suppliers.

You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Website that:

• is promotional in nature, including solicitations for funds or business;
• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous;
• infringes any patent, trademark, trade secret, copyright or other proprietary rights;
• contains software viruses or any other computer code, files or programs;
• is harmful to minors;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India;
• results in spamming, spidering, “screen scraping,” “database scraping,”, phishing or harvesting email addresses.

7. Charges

Membership on the Website is free for buyers. The Company does not charge any fee for browsing and buying on the Website. The Fee Policy may be changed from time to time by the Company. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

8. Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks“) displayed on the Website or on content available through the Website are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders.

9. Indemnification Clause

You agree to defend, hold harmless, and indemnify the Company and its Participants, and their respective subsidiaries, affiliates, directors, officers, agents, and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to Your use of the Website.

10. Termination/ Discontinuance of Rights

The Company in its sole discretion, may terminate Your use or User’s account of the Website/Services or Your participation in it, for any reason or no reason, upon notice to You. Those who violate the terms of services are subjected to termination of availed services.

11. Monitoring

To the extent permitted by law, we may record and monitor Your communications with us to ensure compliance with our legal and regulatory obligations and our internal policies. This may include the recording of telephone conversations.

12. Confidentiality of Information

You will keep in confidence and protect from disclosure any confidential and proprietary information concerning the Company that you may be exposed to during your engagement with the Company. You will not use any such information for any purpose that is detrimental to the Company.

13. Jurisdiction of Court

The Courts of law at Jaipur (Rajasthan) shall have exclusive jurisdiction over any disputes arising under the Terms and Conditions.

14. Disclaimer of Warranties and Liabilities

This Website, all the materials and products, and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.

15. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS.

17. Contact Information

Please contact us for any questions or comments regarding this Website at connect@vigorushealthtech.com

18. Headings

The section titles in these Terms and Conditions are used solely for the convenience of you and the Company and have no legal or contractual significance.

19. Severability

If any provision of these Terms and Conditions is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms and Conditions will remain in force.

20. Entire Agreement

These Terms and Conditions and the Privacy Policy and any other terms and conditions of service on the Website, and its successor, constitute the entire agreement between you and the Company and govern your use of the Service and the Website.

21. Miscellaneous

You accept that the Company has the right to change the content or technical specifications of any aspect of the Service and/or the Website at any time in the Company’s sole discretion. You further accept that such changes may result in your being unable to access the Service and/or the Website.

The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Company may assign its rights under these Terms and Conditions without notice. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.