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Terms of Use

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF LIVIGRO SUITE OF ONLINE SOFTWARES (hereinafter “LIVIGRO Service(s)”).

The internet resource Livigro and the mobile application Livigro (hereinafter collectively referred to as “Website/Livigro”) is owned and published by Belongcare Meditech Private Limited (hereinafter “Livigro”), having its registered office at Plot No 4, AA Towers, Bypass Road, Madurai 625016, Tamil Nadu.

“We”, “Us”, “Our”, “Company” shall mean Belongcare.

“Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that are applicable.

“You”, “Your”, “User” refers to the users of Livigro.

“Doctor” shall refer to a registered medical practitioner, as certified by the Medical Council of India, and carrying on any practice or business in accordance with all applicable laws.

“Private Clinical Establishment” shall mean any establishment registered under the provisions of The Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997, as amended, and carrying out any radiological, biological or other diagnostic or investigative service in accordance with all applicable laws.

“Patient” shall refer to third-party individuals availing the services of the Vendor through Livigro, and/or whose details are made available to Livigro by the Vendor, as the case may be.

“Vendor” shall refer to Doctors, Private Clinical Establishments, and such third-parties that provide medical and other services through Livigro.

 

1. Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

These Terms, along with the others found on our website and mobile application, include our policy for acceptable use of Livigro, its content, the content posted on Livigro, your rights, obligations and restrictions regarding your use of this Website. By accessing Livigro, you accept, without limitation or qualification, all the Terms applicable to the website, as amended from time to time. If you do not accept these Terms, you must discontinue use of Livigro. By accepting these Terms, you are entering into a legally binding Agreement (“Agreement”) with Belongcare.

We may modify these Terms from time to time and such modification will be effective upon posting on this Website. You agree to be bound to any changes to these Terms when you use this Website after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made. You can access our Privacy Policy.

We reserve the right, in our sole discretion, to terminate the access to the Website and the related services or any portion thereof at any time, without notice to You.

 

2. Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services, or by accessing and using the Website.

Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Website.

By using the Website and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Website is administered in India and is intended for Indian users; any use outside of India is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Website

Without limiting any other provisions of these Terms, you may not use this Website for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Website may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.

We do not recommend or endorse any specific radiological, biological, or other diagnostic or investigative services, tests, physicians, procedures, opinions, or other information that may appear on the Website. If you rely on any of the Information provided by the Website, you do so solely at your own risk.

Livigro does not control or endorse the content, messages or information found in any Services and, therefore, Livigro specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against Livigro relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Livigro relating to same.

Vendor Registration

In addition to the afore-mentioned, to register as a Vendor, you are required to answer mandatory questions and provide copies of documents and licenses, including without limitation licenses pertaining the private clinical establishment, or registered practitioner, as applicable. You represent and warrant that all information which you supply to us about yourself, your business, and third-parties, is true, accurate, and up to date.

Livigro Labs

At times, we may market health tests, health packages, and services that are made available through Livigro Labs. Livigro Labs is not a PrivateClinical Establishment and is merely a facilitator of certain curated services provided by the Vendors.

All services provided through Livigro Labs are provided by parties other than Livigro, and We have no control over the availability of the services, their pricing, or other features of such Livigro Labs services.

For all Livigro Labs services, we process payments on behalf of the Vendors in question for which we issue vouchers. The Vendor in question providing services under the name of Livigro Lab shall be solely responsible for providing the User with the invoice once the services are rendered.

 

3. Registration as a Doctor

As part of the registration process, you will provide Name, Mobile number, Email id, Aadhaar No. with copy upload, Medical Council of India No. with copy upload, all applicable Degree Certificates details and copy upload, details about the nature of your practice, and geographic location of the practice. To complete the registration process, you will need to create a password. These are your credentials for accessing your account(“Credentials”).

If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or Livigro has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Livigro may, at its sole discretion, discontinue the provision of the Services to you.

Further, in the event any information you provide becomes untrue, inaccurate, out of date or incomplete, you shall promptly communicate to Livigro the details of the information that becomes untrue, inaccurate, out of date or incomplete. It is hereby specified that you shall bear all actions that arise as a result of any information you provide becoming untrue, inaccurate, out of date or incomplete.

The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy. Your Account is only created after you have signed up and explicitly accepted these Terms. In the event you wish to delete your Account, you may do so by accessing ‘Profile’ from within your account. This will however not delete the records of third-parties stored by you or by the Vendors associated with your account.

You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to care@livigro.com.

 

4. Registration as a Private Clinical Establishment

As part of the registration process, you will provide the name of the private clinical establishment, the name and address details of its registered owners and promoters,as well as their mobile phone number, the contact details of the establishment, the SSI registration of the establishment / Udyog Aadhaar with copy upload, GSTIN with copy upload (optional), and NABL accreditation with certificate upload (optional). To complete the registration process, you will need to create a password. These are your credentials for accessing your account (“Credentials”).

If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or Livigro has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Livigro may, at its sole discretion, discontinue the provision of the Services to you.

Further, in the event any information you provide becomes untrue, inaccurate, out of date or incomplete, you shall promptly communicate to Livigro the details of the information that becomes untrue, inaccurate, out of date or incomplete. It is hereby specified that you shall bear all actions that arise as a result of any information you provide becoming untrue, inaccurate, out of date or incomplete.

The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy. Your Account is only created after you have signed up and explicitly accepted these Terms. In the event you wish to delete your Account, you may do so by accessing ‘Profile’ from within your account. This will however not delete the records of third-parties stored by you or by the doctors associated with your account.

You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email tocare@livigro.com.

 

5. Patient Registration

Patients will be registered by Vendors by providing the mobile number, name, gender, date of birth, blood group(optional) and location(optional) of the Patient in question. Once the aforementioned details are provided, they must be verified by the Patient. Once registered, the date of birth, gender and mobile number cannot be edited by Vendor.

 

6.Patient Information

The Vendors that use the Services of Livigro represent and warrant that all Patient information is owned by the Patient, and the uploading of such information on the Website is at all times, subject to the consent of the Patient, which consent shall be deemed to have been obtained by the Vendor making the Patient information available.

The Patient shall have the sole right to provide third-parties access to his/her electronic health records.

 

7. Website as an Intermediary

The Website is a platform that users and Vendors utilize to interact with one another for their transactions. We act as aggregators who display Vendors. In connection with using the Website and the Services to locate and schedule tests or appointments, you understand that:

Livigro selects Vendors to be featured on the Website, or for Livigro Labs based on the information provided by such Vendors.

Livigromay provide you with a list of Vendors provide you with Livigro Labs services comprising of services by Vendors who may be suitable to deliver the health care that you are seeking based solely on the information that you provide to Livigro(such as specialty, proximity to your geographical location and additional criteria that you specify); you are ultimately responsible for choosing your own Vendors. Should you choose to proceed with Vendors displayed / identified / listed by us, or through any Livigro Lab for any purpose whatsoever, including without limitation, posing a question, seeking medical advisory service, exchanging medical information, charts, images, patient history, or any other information, or seeking appointments, or seeking services, we are not a party to such interaction and take no liability arising from such communication.

All communication which inter alia includes the inquiry, any medical or health record, physical and mental health conditions, symptoms, charts, X-ray / CT / MRI / images, videos, test results, lab results, data and content relating to a medical condition, the responses from Vendors is the outcome of the communication between the Vendors and the Patient.  We do not have any control over such information, play no determinative role in its finalization, and do not stand liable for the outcomes of such communication.

Livigro Labs Services

In the event of denial of service by a particular Livigro Lab Vendor, Livigro shall provide the User with alternate Livigro Labs that may provide the services requested by the User. In the event Livigro is unable to do so, the payments collected on behalf of the Vendor in question, and pertaining to the part of the service not rendered, shall be refunded to the User.

In the event the User has opted to pay the Vendor after services have been rendered, Livigro shall not be liable for any denial of service and it shall be presumed that all payments by the User to the Vendor were made after services were rendered.

Disclaimer: Due to some technical issue or typographical error, information related to Vendors as is reflected on the website may be incorrect.

 

8. Information Presentation/Editorial Control

We may, but have no obligation to, have user posted information reviewed by the Web site's editorial personnel.

It is important to note, however, that the timeliness and accuracy of any or all of the Information are not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.

It is hereby expressly clarified that the Information that you obtain or receive from Livigro, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise is for informational purposes only. As the contract is limited to the User and the Vendor, we are in no way liable for any deficiency of service that may arise which includes and is not limited to, services not meeting expectations of the User, or misdiagnosis by the Vendor.

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, AVAILABILITY OF EQUIPMENT, AVAILABILITY OF TRAINED PERSONNEL TO OPERATE EQUIPMENT, OR OTHER INFORMATION HEREIN PERTAINING TO VENDORS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.

We have no control over and cannot guarantee the availability of any Vendor at any particular time. We will not be liable for delays in delivery of reports or any injury resulting therefrom, or for any other injury resulting from the use of the Website or Services whatsoever.

You are strongly advised to perform your own investigation prior to selecting a Vendor by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and to further verify information from the government authorities.

We do not endorse any Vendor displayed to you on the Website. The display is an automated computation of the various factors including inputs made by the users including their comments and feedback. Such factors may change from time to time, in order to improve the display algorithm. Subject to the above sub-clauses, a contract exists between the physician or medical provider and the User and as such any breach of contract and any claim arising from such breach is the subject matter of the Vendor and the User alone, and we are in no way a party to such breach or involved in any suit arising from the said breach.

COMMUNICATIONS: By using this website, it is deemed that you have consented to receive calls, auto-dialed and/or pre-recorded message calls, videos, chats, images, and data from Us, our vendors, and / or Vendors at any time, on the telephone number / contact information that has been provided by you for the use of this Website.

In the event you use the Website to book Patient tests/appointments with any Vendor, we may send booking confirmation, cancellation, schedule change or any such other information relevant for the transaction, via SMS, Chat, or by voice call on the contact number provided by you or through information about you received from other parties.  This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document, and all other policies followed by us. The sharing of the information provided by you is governed by the Privacy Policy.

You hereby unconditionally consent that such communications via SMS, Chat and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India.

You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.

 

9. Your Responsibilities

You are responsible for all use of the Website and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Website and the Services for lawful, and legal purposes alone. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, cracking, porning, Intrusion to Network, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

 1) copy, modify, adapt, translate, or reverse engineer any portion of the Website, its content or materials and/or the Services;

2) remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or the Services or in or on any content or other material obtained via the Website and/or the Services;

3) use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve or index any portion of the Website and/or the Services;

4) access, retrieve or index any portion of the Website and/or the Services for purposes of constructing or populating a searchable database of reviews related to the healthcare industry or medical physicians;

5) reformat or frame any portion of the web pages that are part of the Website and/or the Services;

6) fraudulently misuse the Services by scheduling tests or appointments with knowledge, or belief that such scheduled appointments/tests shall not be held for lack of Patient;

7) threaten the unity, integrity, Defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence or investigation of any offence or is insulting any other nation;

8) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

9) use the Website or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or the laws of India, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;

10) publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;

11) disrupt or interfere with the security of, or otherwise cause harm to the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

12) publish, post, or disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecently representing women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

13) create user accounts by automated means or under false or fraudulent pretences; or

14) collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or

15) upload or make available any data pertaining to a third-party without such third-party’s express and continuing consent.

You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer or user of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

 

10. Changes to These Terms of Use

We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Website with notice of the changes. Your continued use of the Website and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Website.

 

11. Changes to the Services

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Website, and the users of new services will be governed by these Terms of Use. You agree that Livigro will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

 

12. Links to Other Sites

The Website may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

 

13. Fees and Payments

Subscriptions to paid Services are available on yearly or monthly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. In the event of termination of the subscription, you will not be refunded the subscription fee for the unused portion of the subscription period. Livigro reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge.

 

14. Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.

 

15. No Spam

You may not use the contact information provided by our users or collaborating physicians, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Website immediately and take other legal action if you or anyone using your Credentials violates these provisions.

 

16. Additional Terms

Certain of the Services on the Website may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

 

17. Content You Post or Submit

You will have the opportunity to post or provide information (collectively "Posted Information"). Posted Information shall be submitted in accordance with applicable laws. Further, the option of Users to submit Posted Information shall be at Livigro’s sole discretion and may be modified or withdrawn at its sole discretion. Livigro may moderate such Posted Information at any time. However, Livigro shall not be obliged to act in any manner to give effect to the content of Posted Information, such as suggestions for delisting of a particular Vendor from the Website.

We reserve the right to publish your Posted Information as part of the Service and to also to remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Do note:

1) You are solely responsible for any Posted Information that you submit, publish or display on the Website or transmit to other members and/or other users of the Website.

2) You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.

3) You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by Livigro.

4) You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.

5) You understand and agree that Livigro may (but is not obligated to) review and delete any Posted Content that in the sole judgment of Livigro violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Website and/or other website users.

6) You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.

By posting Posted Content on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Livigro, its contractors, and the users of the Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that Livigro shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Livigro users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.

The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Website. Livigro reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Website. You may not post content that:

1) involves the transmission of unsolicited mass mailing or "spamming";

2) harasses or advocates harassment of another person;

3) is false or intentionally misleading;

4) violates the intellectual property or other rights of any person;

5) is threatening, obscene, defamatory or libellous; or

6) is pornographic or sexually explicit in nature.

18. Livigro Content

Except for Posted Content that you or any other visitors to the Website submit, all of the Information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Livigro’s proprietary information.

We give you permission to use the aforementioned content for in accordance with these Terms and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Website for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Livigro does not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by Livigro are retained by Livigro.

Livigro Lab Vendors

Livigro Labs Vendors and their services are only marketed under the brand of Livigro. Vendors do not own intellectual property rights in the brand Livigro and have no rights to enter into any agreement on behalf of Livigro.

 

19. Disclaimer of Warranties

WE PROVIDE THE SITE AND THE SERVICES 'AS IS', 'WITH ALL FAULTS' AND 'AS AVAILABLE'. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.

WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LIVIGRO MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. LIVIGRO DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR OBTAINED BY YOU FROM OR THROUGH LIVIGRO OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

ALL CERTIFICATIONS BY LIVIGRO WITH RESPECT TO VENDORS ARE BASED ON INFORMATION MADE AVAILABLE BY THE VENDORS. LIVIGRO ASSUMES NO LIABILITY FOR THE ACCURACY OR WHOLENESS OF THE INFORMATION PROVIDED BY THE VENDORS. IT IS FURTHER SPECIFIED THAT THE CERTIFICATIONS BY LIVIGRO SHALL BE SPECIFIC TO THE DATE SUCH CERTIFICATIONS HAVE BEEN PROVIDED.

 

20. General Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

21. Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Website by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Livigro shall not be liable to you or any third party for any termination of your access to the Website and/or the Services. Further, you agree not to attempt to use the Website and/or the Services after any such deletion, deactivation or termination. Clauses 2, 3, 4, 14, 16, 17, 18, 19, 20, 21 and 22 through 26 shall survive any termination or expiration of these Terms of Use.

 

22. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Website, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

 

23. Electronic Contracting and Notices

Your affirmative act of using this Website and/or registering for the Website or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

 

24. Application

Upon download and installation of the Application, You grant the following permissions to the Applications to perform the following actions on the device You have installed the Application on:

1) to read from, write on, modify and delete data pertaining to the Application on the device’s hard disk and/or external storage;

2) to access information about networks, access networks including Wi-Fi networks, receive and send data through the network;

3) to determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;

4) to determine Your exact location from sources such as, but not limited to GPS;

5) to access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device;

6) to retrieve information about other applications running on the device the Application has been installed on and open them;

7) to detect when the device had been switched off and switched on for the purpose of sending notification/ push notifications; and

8) to access and change the display and sound settings of the device the Application has been installed in.

LIVIGRO may collect information relating to the devices through which you access the Services and anonymous data of your usage. The collected information will be used only for improving the quality of LIVIGRO services and to build new services.

 

25. Entire Agreement

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Website, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Livigro to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

26. Choice of Law and Dispute Resolution

1) These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Tamil Nadu as applied to contracts made and to be performed entirely in Madurai.

2) Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in Madurai, Tamil Nadu.

3) The arbitration tribunal shall consist of one arbitrator. The seat and venue of the arbitration proceedings shall be Madurai.

4) The language of the arbitration proceedings shall be English.

5) The provisions of the Arbitration and Conciliation Act, 1996, shall govern the arbitration proceedings.

6) The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

 

27. Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Website regarding any change of ownership so that you have the opportunity to discontinue your use of the Website or cancel your registration if you do not wish to continue to use the Website and the Services under the new ownership. You may not assign, transfer or sub-license these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

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