Syncremedies Healthcare Pvt. Ltd., a company registered under the Companies Act 2013, and having its registered office at # 304, Skyline Chalet Apartments, Dewan Madhavrao Road, Basavangudi, Bangalore 560004 (“Syncremedies”), is the sole owner of the website www.syncremedies.com (“Website”, which expression shall include any versions of the Website designed for use on mobile phones and other devices) and associated domain names, trademarks and mobile applications.
Syncremedies makes available certain services (“Services”) which enable a user like you to avail online as well as offline holistic health consultation facilities which integrate allopathy, homeopathy and ayurveda forms of medicine.
Services, both online and offline provided by Syncremedies are not for use in medical emergencies or situations requiring prompt medical attention. In event of a medical emergency or a critical health situation, please call or dial your emergency medical service provider immediately. In order to assess your condition and provide you medical advice, healthcare professionals who interact with you on the Website will rely solely on information provided by you. You are solely responsible for the correctness and completeness of any information you give. Neither Syncremedies nor the healthcare professionals shall be responsible in any way for relying on the information you provide.
1. Applicability of the Terms
Acceptance of these Terms shall include simultaneous and unconditional acceptance of:
1.2. Any other notice, disclaimer, policy, or term of use, by whatever name called, which may be applicable to the use of the Services from time to time.
2.1. These Terms may be amended at any time by Syncremedies. All such amendments shall be binding on you 24 hours after the amended Terms are made available on the Website.
2.2. If you do not agree with any amendments, your sole and exclusive remedy is to terminate your use of the Services. Although Syncremedies may attempt to notify you when major changes are made to these Terms, it shall be solely your responsibility to read and understand the most up-to-date version of the Terms on the Website.
2.3. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
3.1. In order to use some or all of the Services, you may be required to register on the Website and create an account. You hereby represent and warrant that any information you provide for the aforesaid purpose is correct and complete in all material respects.
3.2. You shall be solely responsible to keep such information updated from time to time. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
3.3. You must notify Syncremedies immediately of any breach of security or unauthorized use of your account. Syncremedies hereby disclaims any responsibility for use of the Services by any other person through your account, irrespective of whether or not you permitted such use.
3.5. Syncremedies shall not be liable for any loss, damage, injury or any liability, whether in tort, contract or other theory of liability, resulting from any unauthorized use of your account. However, you shall always be liable for the losses of Syncremedies or others due to such unauthorized use.
3.6. Subject to successful registration and your continued adherence to these Terms and any other terms and conditions prescribed from time to time, Syncremedies shall permit you to use the Services. Except as expressly provided herein, Syncremedies does not grant any express or implied permission to use the Services.
3.7. In addition to the restrictions specified in these Terms, you shall also comply with any special terms and conditions in respect of any specific Service.
3.8. Without prejudice to its other rights and remedies, Syncremedies may indefinitely suspend or immediately terminate this contract with you and stop you from using the Services if it is discovered that the details you gave at the time of registration are materially inaccurate or false, or if you fail to keep such details updated from time to time.
3.9. Syncremedies reserves the right to discontinue the Services in full or in part at any time and without assigning reasons for such discontinuance.
4. Use of the Services
4.1. You hereby represent and warrant that you shall use the Services as a prudent, reasonable and law-abiding citizen.
4.2. Syncremedies shall not be responsible for any delay or failure resulting from infrastructure issues, like server uptime, network availability and connectivity.
4.3. Syncremedies shall not be responsible for any harm, loss or damage to persons or property resulting from actions of third parties, including doctors, nurses, pharmacies and other treatment, product or service providers such as server hosting services, payment gateway services or video conferencing services. Without prejudice to the foregoing, you are hereby made aware that Syncremedies only provides a platform for you to consult with medical professionals.
4.4. Syncremedies is not responsible in any manner whatsoever for the acts or omissions of any medical professionals, including but not limited to their personal conduct, advice, prescription and your response to such advice, or the consequences you may incur by consulting them.
4.5. Syncremedies makes no warranty with regard to your response to the treatment. You and your physician are solely responsible for all information and/or communication shared during a consultation.
4.6. Syncremedies does not guarantee that a web-based consultation, tele-consultation or video consultation is the appropriate course of treatment for your particular health problem. Please consult your physician for a formal prescription before using any of the suggested drugs/medications.
4.7. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you agree to contact your local emergency services immediately.
4.8. You agree not to use any data mining scripts or similar data and/or image gathering and extraction methods in connection with the Services. You shall not use the Services to defame, harass, abuse, threaten or defraud others, or collect or threaten to collect personal information about other users, or to do anything that is contrary to the law, decency or morality.
4.9. In particular, you shall not disparage any doctor or other medical professional, or Syncremedies and its directors and officers, or the Syncremedies website.
4.10. You shall not use the Service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. You shall not take any action that would cause Syncremedies to suffer any type of loss, damage, obligation or other liability.
4.11. You shall not use the Services for any commercial purpose. You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services.
4.12. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on it or in any manner commercially exploit the Services in whole or in part.
4.13. You agree not to collect or harvest from the Services any personally identifiable information, including account names, or to use the communication platforms provided by the Services (e.g., comments, email) including for any commercial purposes.
4.14. In your use of the Services, you shall always comply with all applicable laws.
4.15. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Services for any other purposes.
4.16. Syncremedies and its licensors reserve all rights not expressly granted in and to the Services and the content on the Website.
4.17. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
4.18. Except for the Services explicitly provided, Syncremedies does not provide, control or endorse any third party information, products or services in any manner whatsoever even if such third party information, products or services are advertised on the Website.
5. Consideration and Payment Terms
5.1. All payments shall be made by credit card, debit card, or such other method as Syncremedies may specify from time to time.
5.2. Unless permitted otherwise by Syncremedies as per the then prevalent subscription package, all fees shall be paid in advance of availing of the Services and shall be non-refundable. For the avoidance of doubt, Syncremedies shall not refund any amount regardless of the reason for the termination or annulment of these Terms, even if you discontinue the Services during the period of your then current subscription package.
5.3. You agree that in case you fail to make any payment under these Terms, Syncremedies may disable your account, without prejudice to Syncremedies’ right to recover the unpaid amount and any costs of collection, including reasonable attorney fees.
5.4. Any cancellation or rescheduling you require shall be subject to the prevalent Reschedule Policy prescribed by Syncremedies. Any promotional offers made available from time to time to all or any group of users shall be fulfilled on the terms of such offers and shall not confer any right or entitlement on you or affect your obligations under these Terms. You shall also bear and pay all taxes that may be levied on any Services provided to you.
5.5. You shall have no right to set off or adjust amounts due from you to Syncremedies from any amounts that are actually or allegedly due by Syncremedies to you.
5.6. Non-payment of fees and such other amounts shall result in suspension or termination of these Terms and your ability to use the Services.
6. Termination and Suspension
6.1. Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between you and Syncremedies, Syncremedies may terminate the Services at any time with or without notice, and for or without any reasons, with absolutely no liability to you.
6.2. Without prejudice to the foregoing. Syncremedies reserves the right to terminate these Terms without notice and without liability to you on becoming aware that you have violated these Terms or any other guidelines and rules published in respect of the Services. Syncremedies may block, restrict, disable, suspend or terminate your access to all or part of the Services at any time in Syncremedies’ discretion, without prior notice or liability to you.
7. Warranty Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SYNCREMEDIES, AND ANY OF SYNCREMEDIES’S THIRD-PARTY PARTNERS, LICENSORS, AND SUPPLIERS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES WILL CONSTITUTE OR CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. SYNCREMEDIES AND ANY THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE DATA, SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. SYNCREMEDIES AND ANY THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT IF YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES, THE SAME SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND/OR OTHER DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
8. Intellectual Property
8.1. Syncremedies is the sole and absolute owners of the idea behind the Services, the copyright in all content on the Website and all trademarks, designs, logos and other insignia of trade used on the Website and elsewhere during the performance of the Services, all of which are subject to protection under patent, copyright, trade mark and trade secret and other intellectual property laws of India and other countries.
8.2. Any copying of any part of the Website shall entail immediate termination of these Terms without prejudice to the other rights and remedies of Syncremedies, including for civil wrongs and criminal offences.
9. Limitation of Liability
9.1. IN NO EVENT SHALL SYNCREMEDIES, ITS OFFICERS, DIRECTORS AND EMPLOYEES, OR ITS CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER), EVEN IF SYNCREMEDIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (I) THESE TERMS, (II) THE SERVICES, (III) YOUR USE OR INABILITY TO USE THE SERVICES; OR (IV) ANY OTHER INTERACTIONS WITH ANOTHER USER IN CONNECTION WITH THE SERVICES.
9.2. IF THE FOREGOING LIMITATION IS NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF SYNCREMEDIES SHALL BE LIMTED TO THE FEE PAID BY YOU UNDER THESE TERMS. YOU ACKNOWLEDGE AND AGREE YOU HAVE ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SYNCREMEDIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SYNCREMEDIES. SYNCREMEDIES WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
10.1. You hereby agree to defend, indemnify and hold harmless Syncremedies, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
11. Governing Law and Arbitration
11.1. These Terms are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict of laws provisions. Disputes, if any, shall be attempted to be resolved amicably for thirty (30) days. Unresolved disputes shall be referred to an independent, sole arbitrator in Bangalore appointed by Syncremedies in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the Courts in Bangalore Urban District.
12.1. Notices: Any notice required to be given to Syncremedies under this Agreement shall be sent by registered mail or recognized courier to the address first set out above.
12.2. Force Majeure: If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under this Agreement despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.
12.3. Severability: Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable, the other provisions of these Terms and the remainder of the provision in question shall continue in full force and effect.
12.4. No Waiver or Election: No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.
12.5. Assignment: The right to use the Services is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity.