“Jiyofit Ayucare” is the author and publisher of the internet resource www.jiyofit.com. Jiyofit Ayucareowns and operates the services provided through the Website.
1.NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://jiyofit.com/privacy-policy/(“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Jiyofit. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Jiyofit in connection with your visit to the Website and your use of the Services (as defined below).
The Agreement applies to you whether you are –
- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution. A patient, his/her representatives or affiliates, searching for Consultation through the Website (“End-User”, “you” or “User”); or
- Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by Jiyofit on the Website, which are offered free of charge to the Users (“Services”), including the following:
- For Students: Registration and their profiles and contact details, to be made available to the other Users and visitors to the Website;
- For other Users: Facility to (i) create and maintain ‘Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Jiyofit, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Jiyofit, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@Jiyofit.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Jiyofit.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2.CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Jiyofit that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3.TERMS OF USE APPLICABLE TO ALL USERS
The terms in this Clause 3 are applicable to all Users.
3.1END-USER ACCOUNT AND DATA PRIVACY
- 1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
- 1.2 Jiyofit may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Jiyofit’s services and to build new services.
- 1.3 The Website allows Jiyofit to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better services.
- 1.4 The Privacy Policy sets out, inter-alia:
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom Jiyofit will disclose such information; and,
- Other information mandated by the SPI Rules.
- 1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
- 1.6 Jiyofit shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Jiyofit or to any other person acting on behalf of Jiyofit.
- 1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Jiyofit of any actual or suspected unauthorized use of the User’s account or password. Although Jiyofit will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Jiyofit or such other parties as the case may be, due to any unauthorized use of your account.
- 1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Jiyofit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jiyofit has the right to discontinue the Services to the User at its sole discretion.
- 1.9 Jiyofit may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- 2The Services provided by Jiyofit or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Jiyofit does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Jiyofit does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Jiyofit disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Jiyofit or any User in relation to any User or services provided by such User.
- 3The Website may be linked to the website of third parties, affiliates and business partners. Jiyofit has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Jiyofit endorses the linked site. User may use the links and these services at User’s own risk.
- 4 Jiyofit assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
- 5If Jiyofit determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Jiyofit reserves the right to immediately suspend your access to the Website or any of your accounts with Jiyofit and makes such declaration on the website alongside your name as determined by Jiyofit for the protection of its business and in the interests of Users. You shall be liable to indemnify Jiyofit for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Jiyofit or its Users.
4BOOK APPOINTMENT FACILITY Jiyofit enables Users to connect with its Team of Experts through Book facility that allows Users book an appointment through the Website.
4.1Jiyofit will ensure Users are provided confirmed appointment on the Book facility. However, Jiyofit has no liability if such an appointment is later cancelled by the Expert, or the same Expert is not available for appointment.
4.2Without prejudice to the generality of the above, Jiyofit is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Experts. User understands and agrees that Jiyofit will not be liable for:
- User interactions and associated issues User has with the Experts;
- the ability or intent of the Expert(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Expert(s), or any medical negligence on part of the Expert(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Expert to provide agreed Services;
- any misconduct or inappropriate behaviour by the Expert or the Expert’s staff;
- cancellation or no show by the Expert or rescheduling of booked appointment or any variation in the fees charged.
- 3 Users are allowed to provide feedback about their experiences with the Expert, however, the User shall ensure that, the same is provided in accordance with applicable law.
- Cancellation and Refund Policy
- In the event that, the Expert with whom User has booked an appointment via the Website, has not been able to meet the User, no refund will be made to user as jiyofit is not charging any kind of consultation fee on behalf of expert with user.
- Users will not be entitled for any refunds of registration fee paid by user towards the services as it is users wish to use that service and jiyofit is not forcing the user to use its services.
- Registration fee once paid is valid for 15 days only and user needs to make a fresh registration after 15 days if he wants to use the service.
6.CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
6.1The contents listed on the Website are (i) User generated content, or (ii) belong to Jiyofit. The information that is collected by Jiyofit directly or indirectly from the End- Users and the Practitioners shall belong to Jiyofit. Copying of the copyrighted content published by Jiyofit on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Jiyofit reserves its rights under applicable law accordingly.
6.2Jiyofit authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Jiyofit Content”), are the property of Jiyofit. User shall not modify the Jiyofit Content or reproduce, display, publicly perform, distribute, or otherwise use the Jiyofit Content in any way for any public or commercial purpose or for personal gain.
6.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
7.APPLICABLE LAW AND DISPUTE SETTLEMENT
- 1You agree that this Agreement and any contractual obligation between Jiyofit and User will be governed by the laws of India.
- 2Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Jiyofit. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Meerut. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
- 3Subject to the above Clause 7.2, the courts at Meerut shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
8.CONTACT INFORMATION GRIEVANCE OFFICER
- 1If a User has any questions concerning Jiyofit, the Website, this Agreement, the Services, or anything related to any of the foregoing, Jiyofit customer support can be reached at the following email address: support@Jiyofit.com or via the contact information available from the following hyperlink: https://jiyofit.com/contact/
- 2In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Piyush Mishra
Jiyofit Ayucare
13, Jwala Puri
Delhi Road, Meerut
U.P. 250002
Phone: 9068889100
Email: Support@jiyofit.com