This User Agreement (“Agreement”) is between You (company/individual/firm /partnership/body corporate) , together with any company or other business entity You are representing, if any (hereinafter collectively referred as “ Your” or “You ” or “User”); and Blupin Technologies Private Limited, a company registered under the Companies Act, 2013, having its registered office at 5th Floor, Plot No. 115 Sector 44 Gurugram Gurgaon Haryana 122003, offering business of selling various products online/offline via different channels Services(as defined below), under the name ‘Mylo’ (hereinafter referred to as “our” or “we” or “Mylo” or “us”.
BACKGROUND
This Agreement comes into effect when You register to use the Services (as defined below), or click on “ Continue” box, and accept the terms and conditions provided herein.
By registering or clicking on the ‘Continue’ box, You signify Your absolute, irrevocable and unconditional consent to all the provisions of this Agreement in its entirety. This Agreement constitutes a legally binding agreement between You and Mylo.
This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system, and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing of the rules and regulations, privacy policy and terms of usage for access or usage of the Website/ service.
Mylo reserves the right to modify the terms of this Agreement, at any time, without giving You any prior notice. Your use of the Service following any such modification constitutes Your agreement to follow and be bound by the terms of the Agreement, as modified.
Any additional terms and conditions, standard operating procedures (SOPs), service-level agreements (SLAs), terms of use, disclaimers and other policies applicable to general and specific areas of this Agreement, Website, and/or Service shall be construed to form an integral part of this Agreement and any breach thereof will be construed as a breach of this Agreement.
Your access to the Services (as defined below) will be solely at the discretion of Mylo.
The Website is a platform that facilitates different health plans and packages (“Services”) being offered by Mylo as well as third party independent doctors (“Medical Experts”) You agree and acknowledge that You are using Mylo platform with your explicit consent, You are well aware about the consultation provided on Mylo platform are on as is and as available basis, further, for availing the Services and Mylo is not liable for any consequential harm and damages.
1. You acknowledge that Mylo is designed to support the health decisions and choices that You make. These decisions and choices are Yours.
2. You acknowledge that You use our Services at Your own risk and subject to the following disclaimers. Mylo is providing the Services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. Mylo do not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections.
3. You acknowledge that the Services are not for use in medical emergencies or critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore You take full responsibility for ensuring that the information submitted is accurate and Mylo shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability.
4. You acknowledge that the inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and Mylo disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
5. No Doctor - Patient Relationship: Please
note that some of the content, text, data, graphics, images,
information, suggestions, guidance, and other material
(collectively, "Information") that may be available on the App
or the Website operated by us. The provision of such Information
does not create a licensed medical professional/patient
relationship, between Mylo and you and does not constitute an
opinion, medical advice, or diagnosis or treatment of any
particular condition, but is only provided to assist you with
locating appropriate medical care from a qualified practitioner.
6. You acknowledge that Mylo does not replace Your relationship with a physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation, or care from Your physician or other qualified healthcare providers.
7. You acknowledge that Mylo shall not be responsible to You or any third party for any lost profits or consequential, special, punitive, direct, indirect, or incidental damages relating to, arising out of, or in any way in connection with Services (however caused and on any theory of liability, including negligence), even if the You have been advised of the possibility of such damages.
8. MYLO may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse includes creating multiple or false profiles, infringing any Intellectual Property rights, violating any of the terms and conditions of this Agreement, or any other behavior that MYLO, in its sole discretion, deems contrary to its purpose. Once temporarily suspended, indefinitely suspended or terminated, the User shall not continue to use the Services under the same account, a different account or re-register under a new account, unless explicitly permitted by MYLO.
9. Usage: You are prohibited from using the App or the Services:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of other.
10. General Representations And Warranties: Each Party represents and warrants to the other Party that:
(a) it has all necessary rights, powers and authority to enter into and perform this Agreement; and
(b) the entrance and performance of this Agreement by it shall not violate any applicable law and shall not breach any agreement, covenant, court order, judgment or decree to which such Party or by which it is bound.
11. Indemnity: You agree to indemnify, save, and hold us, our affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to the Content provided to you and/or your use or misuse of the Services or App and/or any violation by you of this Agreement, or other right of any person or entity. 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, including the rights to settle, and you agree to cooperate with our defense and settled.
12. Intellectual Property Rights: The User acknowledges that the Intellectual Property rights in all the materials that have been created and developed by the User for the performance of Services, shall vest with MYLO.
All the Intellectual Property already developed and/or owned by each Party shall continue to vest with the concerned Party.
13. The Parties recognize that all third-party Intellectual Property rights are the exclusive property of their respective owners.
14. No Partnership Or Agency: Nothing in this Agreement (or any of the arrangements contemplated herein) shall be deemed to constitute a partnership between the Parties hereto, nor, except as may be expressly provided herein, constitute any Party as the agent of another Party for any purpose, or entitle any Party to commit or bind another Party in any manner.
15. Governing Law: This Agreement shall be governed by the laws of India and subject to the Clause below, the courts of Gurgaon shall have exclusive jurisdiction to determine any disputes arising out of, under, or in relation, to the provisions of this Agreement.
16. Waivers And Remedies: No failure or delay by the Parties in exercising any right or remedy provided by law under or pursuant to this Agreement shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
17. Force Majeure: Neither Party shall be liable for any failure or delay in performance of any obligation, under this Agreement to the extent that such failure or delay is due to a Force Majeure Event. The Party having any such cause shall promptly notify the other Party about the nature of such cause and the expected delay. If a Party is unable to prevent a force majeure event that hinders its ability to fulfill its obligations for more than 30 days, the other Party has the option to release the affected Party from its obligations or modify the relevant provisions of the Agreement to accommodate the ongoing force majeure event. However, if the force majeure event persists for more than 60 days, the affected Party has the right to terminate the Agreement by providing notice to the other Party.
18. Severability: The invalidity or unenforceability of any provision in this Agreement shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity or unenforceability of any provision of this Agreement, the Parties will immediately negotiate in good faith to replace such a provision with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.
19. Advertisers/ Third Party Links on the App:
We accept no responsibility for advertisements contained within
the App or any part thereof. Linked websites and mobile
applications are provided "as is" for solely your convenience
with no warranty, express or implied, for the information
provided within them or the veracity thereof.
20. Entire Agreement, Assignment And Survival: This Agreement, the annexures and any other documents entered into or delivered as contemplated in this Agreement herein sets out the entire agreement and understanding between the Parties with respect to the subject matter hereof.
Unless otherwise decided by MYLO, the annexures containing specific terms of use supersedes all general terms of the Agreement, previous letters of intent, heads of terms, prior discussions and correspondence exchanged between the Parties in connection with the Agreement referred to herein.
This Agreement and the rights and obligations herein shall not be assigned by the User, without the consent of MYLO.
The provisions which are by their nature, intended to survive the termination of this Agreement, shall survive the termination of this Agreement.