Terms and Conditions – AastarUrmika Health Care Private Limited

This Terms and Conditions (Terms) govern the “User’s(s)” (as defined below) access or availing of the Services (as defined below) being offered by AastarUrmika Health Care Private Limited. (AUHC), through its website accessible at – https://www.aastrika.com/ (Website). AUHC has its principal place of business at 147/J, Ground Floor, 10th Cross, 12th Main Rd, 3rd Block, Koramangala, Bengaluru, Karnataka- 560034.

For the purposes of this Terms, the Users (as defined below) shall be referred to as “you” or “your”.

Part I- Introduction and Definitions

i. Please read the Terms carefully before using and accessing the Website. By accessing or using the Website or booking, purchasing, or availing any Services you

a) acknowledge that you have read, understood and accept these Terms and the Privacy Policy (as defined below);
b) represent that you are 18 years or above and are otherwise legally competent to enter into a binding agreement. If you are less than 18 years of age, your guardian/parent is entering into this binding agreement on your behalf; and
c) accept these Terms and agree that you will comply with and are legally bound by these Terms.

ii. We may modify the Terms, any time by posting the changes on the Website and you agree that it shall be your responsibility to ascertain the changes to the Terms, by viewing the revised Terms. We will not be responsible for your failure to remain informed about such changes. However, we will obtain your consent prior to any material changes pertaining to your continued use of any Services after the new and/or revised Terms are effective, which would indicate that you have read, understood, and agreed to those Terms.

iii. In order to avail the Services offered on the Website, you may have to register on the Website by providing details about yourself, including your name, address, contact details and such other details as may be required on the Website and create an account (Account). You shall not have more than one active account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party or impersonating any other person for the purposing of creating an account with the Website.

iv. Definitions-
a) User means and refers to any individual or a body corporate who may avail the Services as defined below or visits, uses or accesses the Website.
b) Privacy Policy shall mean the privacy policy available on the Website – https://www.aastrika.com/privacy-policy/;
c) Services shall mean and refer to all services that can be availed on the Website, from time to time as updated at https://www.aastrika.com/services/
d) Third Parties shall refer to any third-party service providers such as vendors and service providers including payment gateways, to process payments and manage payment card information, being used by AUHC to provide Services.
e) User Information shall mean any information provided by the User including but not limited to name, date of birth, telephone number, email address and residential address, for the creation of an Account or otherwise for the purpose of availing/accessing the Services.

Part II- Access to the Website

i. To avail our Services, you may register on the Website. Information provided by you for registration, including User Information, may be viewed by Third Parties on a need-to-know basis as provided in our Privacy Policy. You represent that you have all rights required to provide the information that you have provided to AUHC, including the User Information and represent that they are true and accurate.

ii. You will be solely responsible for your acts on the Website including those conducted under the username assigned to you or using your User Information.

iii. All User Information will be used and processed in accordance with these Terms and the Privacy Policy. You agree that you have read and understood the Privacy Policy.

iv. AUHC may in its sole discretion permit or deny your attempt to access or use of the Website and you waive any right to claim access to or use of the Website or any other claim that you may have. Any data of your usage may be retained or deleted at AUHC’s sole discretion.

v. You understand that AUHC shall adhere to reasonable security measures deemed to be appropriate by AUHC for the provision of the Services, including, without limitation, using reasonable measures to secure your information (including User Information) from unauthorized access and modifications. Such security measures shall be no less stringent than the measures used by AUHC to secure its own information. You will not take any action that will cause a breach of the security measures used by AUHC.

vi. Your access and use of the Website may possibly be disrupted due to technical or operational difficulties, without prior notice of downtime.

Part III- Account, Password, and Security

i. You shall ensure and confirm that the User Information provided by you is complete, accurate and up to date. If there is any change in the User Information, you shall promptly update your User Information on the Website. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if AUHC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AUHC has the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof) at its discretion, in addition to any right that AUHC may have against you at law or in equity, for any misrepresentation of information provided by you.

ii. You will be responsible for maintaining the confidentiality of the User Information and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify AUHC of any unauthorized use of your User Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. AUHC cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by AUHC or any other user of or visitor to the Website due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential.

iii. Use of another User’s Account information for availing the Services is expressly prohibited.

Part IV- Intellectual Property:

i. AUHC grants a limited right to Users to access and use the Website in accordance with the Terms, on a non-exclusive, worldwide, royalty-free and non-transferable basis, there are no other rights being granted to you on the Website or any of its contents and functionalities.

ii. The Users agree and acknowledge that all content, material, information and the contents of the Website including but not limited to newsletters, information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, pictures, logos, icons, including any intellectual property rights therein, are the sole property of AUHC, its partners, or its licensors as the case may be. Save for the limited rights granted to the Users as detailed in this section, no other rights or interests are being granted to the Users.

iii. You have no right to use any search mechanisms other than that provided on the Website and you will not use any web-crawler or any data harvesting tools to harvest, copy or scrape data of any sort from the Website.

Part V- Disclaimers:

i. The Website, the Services, and any content or information therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non- infringement. AUHC does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the content of the Website. AUHC does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components.

ii. Without limiting the foregoing, AUHC does not warrant that:
a) the content made available on the Website, your access to the Website, or your ability to upload, modify, update, transmit and/or receive the User Information from or through the Website will not experience outages or otherwise be uninterrupted, timely, secure or error-free;
b) the information or services obtained through or from the Website will be accurate, complete, current, error-free, completely secure or reliable;

iii. AUHC disclaims any and all liability arising from actions attributable to Third Parties that are providing Services on this Website.

iv. You expressly release AUHC and where applicable its trustees, officers, employees, authorized representatives and agents and representatives from any cost, damage, liability or other consequence of any use of the Website by you.

v. You understand and acknowledge that it is at your own discretion and based on our judgment that you transact on the Website.

vi. AUHC reserves the right to remove any content on the Website.

vii. The Website may contain links to third party websites. AUHC shall not be responsible in any manner for the contents of these third-party websites and if you should choose to use the link to view the third-party websites, you choose to do so at your own risk. AUHC does not endorse the contents nor in any manner represent the accuracy or correctness of information on such third-party websites.

Part VI- Charges and Subscriptions to avail Services

i. You agree to pay for all fees and charges incurred that will be applicable for availing the Services. Additional taxes or Third Party charges will be mentioned clearly at the time of booking the Services.

ii. For certain Services, you may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annual, recurring, non-recurring subscription options. For the purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days, and a year constitutes 365 calendar days.

iii. Any Services subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Unless specified otherwise, free trials will not be combined with other offers. If you begin your subscription with a free trial, we may begin billing you for periodical membership fees at the time of subscription purchase or at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period.

iv. No promotion code or discount will apply to any Services unless otherwise stated on the Website. Any promotional code or offer provided may not be used in conjunction with any other promotional code or offer, past or present. Unless otherwise specified in the terms of any promotion, all promotional prices or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate applicable to the type of subscription or membership purchased.

Part VII- Payment Services

i. All payments in respect of the Services through the Website shall be made to AUHC through the Website. To the extent permitted by applicable law and subject to AUHC’s Privacy Policy, you acknowledge and agree that AUHC may use certain Third-Party vendors and service providers, including payment gateways, to process payments and manage payment card information.

ii. The mode of payments available to you through the Website are credit card, debit card, netbanking, UPI and popular wallets including JioMoney, Mobikwik, Airtel Money, FreeCharge, Ola Money and PayZapp. The information on security of these payment methods, along with the information on any fees or charges payable by you, charge back options (if any), will be provided to you by the Third-Party payment gateway provider. The contact details of the Third-Party payment gateway provider are – Razorpay Software Private Limited, headquartered at 1st Floor, SJR Cyber, 22, Laskar Hosur Road, Adugodi, Bangalore, Karnataka – 560030, Ph: 080-46669555, email: grievances@razorpay.com.

iii. In order to make payments online, you undertake to use a valid payment card or bank details or third-party wallets or details required for any other mode of payment (Payment Details) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Website in good standing. These Payment Details will be provided by you to our Third-Party payment gateway providers and will be governed by such payment gateway providers’ terms and policies. By providing the Payment Details, you represent, warrant, and covenant that:
a. You are legally authorized to provide such Payment Details;
b. You are legally authorized to perform payments using such Payment Details; and
c. such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law.

iv. The payment receipt for completion of a transaction shall be provided by the respective Third Parties (i.e., vendors) and the transaction summary shall be provided by AUHC, the payment receipt and transaction summary shall be made available on the Website and also sent to your registered email address.

v. Except to the extent otherwise required by applicable law, AUHC is not liable for any payments authorized through the Website using your Payment Details.

vi. Particularly, AUHC is not liable for any payments that do not complete because:
a. Your payment card or bank account or third-party wallet does not contain sufficient funds to complete the transaction, or the transaction exceeds the credit limit in respect of the Payment Details provided;
b. You have not provided the Third-Party payment gateway provider with correct Payment Details;
c. Your payment card has expired; or
d. Circumstances beyond AUHC’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

Part VII- Limitation of Liability

i. The aggregate liability of AUHC to you or any third party, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms, your access and use of the Website and its contents and functionalities or for any reason related to the operation of the Website, shall not exceed the actual amount of fees paid by you for the relevant Service, regardless of whether the claim or action is based on contract, tort, warranty, indemnification or otherwise.

ii. In no event shall AUHC be liable to the User and any third party, for any loss of profits (anticipated or real), loss of reputation, loss of data, or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

iii. In no event shall AUHC be liable to the User for actions attributable to the Third Parties providing Services on the Website.

Part IX- Complaints

i. AUHC takes matters related to intellectual property rights, privacy and confidentiality very seriously. Should you have any complaints regarding the Website, including but not limited to abuse and misuse of the Website, copyright infringement and the like, or any issues related to data privacy please report the same to contactus@aastrika.com.

ii. Please provide your name, email address, physical address and contact numbers so that AUHC may be in a position to verify details or check the authenticity of the complaints.

Part X- Miscellaneous

i. Termination: AUHC reserves the rights to terminate your access to the Website or any Services at any time, in its sole discretion, if you violate these Terms. You acknowledge AUHC’s right to do so and waive any claim that you may have arising from such termination. The refund of any applicable amount for any terminated Services will be governed by our refund policy (Refund Policy). Notwithstanding the termination of access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.

ii. Force Majeure : In no event shall AUHC be liable for any acts beyond its control or for acts including but not limited to war, strike, riots, crime or act of God such as flooding, earthquake, or other natural disasters. Any delay or failure in the performance by Third Parties hereunder shall be excused if and to the extent caused by the occurrence of acts beyond their control or other acts as mentioned above.

iii. Access: AUHC does not make any claim that the Website and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with laws applicable to you.

iv. Waiver: No waiver of any provision of these Terms shall be binding unless executed and notified by AUHC in writing to you. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims you have against AUHC arising from your use of the Website.

v. Entire Agreement: These Terms, the Privacy Policy, the Refund Policy and any other agreements you execute with AUHC as relevant, shall constitute the entire agreement between you and AUHC for the use of the Website. Any modification to these Terms shall be posted on the Website by AUHC.

vi. Assignment: You may not assign your obligations under this Terms or any part thereof without the prior written consent of AUHC.

vii. Severability: If any provision of these Terms is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms, which shall remain in full force and effect.

viii. Governing Law: These Terms are governed by the laws of India. Any disputes that may arise in connection herewith or relating to these Terms shall be subject to the exclusive jurisdiction of the courts at Bengaluru, India.

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