TERMS OF USE

Aaroogya Foundation on behalf of itself and its affiliates/group is the author and publisher of the internet resource www.aaroogya.org, IVR Helpline Information System – 01140847651 and Aaroogya Application of ‘Aaroogya foundation’, 

Aaroogya Foundation owns and operates the services provided through the Website. 

Website is operated by or on behalf of Aaroogya foundation. We are a platform providing tele health education for hard-to-reach and poor populations and we are funded exclusively through the generosity of our supporters and volunteer donations.; 

NATURE AND APPLICABILITY OF TERMS 

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.Aaroogya foundation.org/privacy-policy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Aaroogya foundation. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Aaroogya foundation in connection with your visit to the Website and your use of the Services (as briefly defined below) through the Website. 

By downloading or accessing or installing the Website, you (“User” or “you”) irrevocably accept all the terms and conditions stipulated in this Agreement and Privacy Policy, as available on the Website, and agree to abide by them. It is clarified that Users shall include all patients and doctors/registered medical practitioners/caregivers/ health workers (where applicable) using the Aaroogya foundation technological platform. 

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. 

This Agreement applies to those services made available by Aaroogya foundation on the Website, which are offered free of charge to the Users (“Services”), including the following: 

1. Storing and processing data on health information as may be required for rendering Services, and general education to improve patient awareness 

2. Dissemination of health messages from appropriate health authorities 

3. Providing patients with resources and tools for self-empowerment 

The Services may change from time to time, at the sole discretion of Aaroogya foundation, 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 covidwellbeing@aaroogya.org.in 

We reserve the right to modify or terminate any portion of this Agreement for any reason and at any time, and such modifications shall be updated on our Website in writing and 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 Aaroogya foundation. 

The Agreement is published in compliance of, and is governed by the provisions of Indian law. 

The information may contain technical inaccuracies or typographical errors. Aaroogya foundation reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programmes described in such information, at any time without notice. 

Aaroogya foundation site contains information on its services, not all of which are available in every location. A reference to a Aaroogya foundation service on the website does not imply that such product or service is or will be available in your location. 

CONDITIONS OF USE 

You must be 18 years of age or older to register, use the Services, or visit or use or install or access the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Aaroogya foundation 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. 

TERMS OF USE APPLICABLE TO USERS RELATING TO USER ACCOUNT 

END-USER ACCOUNT AND DATA PRIVACY 

§ The terms “personal information” and “sensitive personal data or information” are defined under the Rules framed under the Information Technology Act 2000 

§ Aaroogya foundation may by its Services collect personal information and sensitive personal data or information relating to you and may also collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used in accordance with Privacy Policy and the terms and conditions of this Terms of Use. It is clarified that Aaroogya foundation is an intermediary under the Information Technology Act, 2000. 

§ The Website allows Aaroogya foundation to have access to Users’ personal email or phone number or location or medical records, if so submitted and or permitted by the User, for communication purposes so as to provide the User services accordingly. 

§ The Privacy Policy sets out, inter-alia

i. The type of information collected from Users, including sensitive personal data or information; ii. The purpose, means and modes of usage of such information; iii. How and to whom Aaroogya foundation will disclose such information 

§ 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

i. the fact that certain information is being collected; ii. the purpose for which the information is being collected; iii. the intended recipients of the information; iv. the nature of collection and retention of the information; and v. the name and address of the agency that is collecting the information and the agency that will retain the information; and vi. the various rights available to such Users in respect of such information. 

§ Aaroogya foundation shall not be responsible in any manner for the authenticity of the information or personal information or sensitive personal data or information supplied by the User to Aaroogya foundation or to any other person acting on behalf of Aaroogya foundation. 

§ 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 Aaroogya foundation of any actual or suspected unauthorized use of the User’s account or password. Although Aaroogya foundation will not be liable for your losses caused by any unauthorized use of your account, you may be liable 

for the losses of Aaroogya foundation or such other parties as the case may be, due to any unauthorized use of your account. 

§ In addition to what is provided hereinafter, if a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Aaroogya foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Aaroogya foundation has the right to discontinue the Services to the User at its sole discretion and such User shall be liable to any consequences thereof. 

§ Aaroogya foundation may use such information collected from the Users from time to time for the purposes of debugging customer support related issues. 

§ In the course of availing the services you may be provided access to certain services for which you may see a ‘show number’ option. When you choose this option, you choose to call the telephone numbers provided on the Website, and the records of such calls are recorded and stored in Aaroogya foundation’s servers. Such a call may also have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Aaroogya foundation or its associate or partner entities/organisations or medical practitioners or health workers for quality control and support related purposes or to provide educational guidance or provide consultation by Registered Medical Practitioners and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Aaroogya foundation should be used at your own discretion and any consultation or educational information provided by the recipient of the call to the User, Aaroogya foundation accepts no liability Aaroogya foundation shall not be liable for any advice/consultation provided on such call/communication. In case you choose to not provide your consent to recording your calls that may have personal information required for the said purposes, Aaroogya foundation reserves the right to not provide the Services for which such personal information is sought. 

LISTING CONTENT AND DISSEMINATING INFORMATION 

§ Aaroogya foundation collects, directly or indirectly, and displays on the Website, relevant information regarding services offered by Aaroogya foundation, educational information regarding viruses, epidemics, etc., and provide links to third party websites including websites of government bodies, non profit organisations, global health organisations etc.. This Website contains links to websites operated by other parties and Aaroogya foundation does not control such websites and Aaroogya foundation takes no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of links to such websites does not imply any endorsement of views, statements or information contained in such websites. Aaroogya foundation takes reasonable efforts to ensure that such information is updated at frequent intervals. 

Although, Aaroogya foundation screens and vets the information, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. 

Where this Website contains links to other sites and resources provided by third parties, such links are provided for your information only. We have no control over the contents of third 

party sites or materials and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

§ From time to time we are likely to update sections of this site. However, at any given time any of the content or information on this site may be out of date and we are under no obligation to update that content or information. 

§ If the need arises, we may suspend access to or close indefinitely part or the whole of the Website. We will not be liable if for any reason the Website is unavailable for any time at any period. 

§ Commentary, suggestions, results of any survey, report generated through questionnaire and other materials posted or created as a result of usage of Services on the Website is not advice or consultation and is not intended to amount to advice/consultation on which reliance should be placed. 

We do not accept any liability or responsibility arising from any reliance placed on such materials by any visitor or User, or by anyone who may be informed by any of its contents. 

§ From time to time, we may restrict access to some parts of this site to users who have registered with us 

§ The Services provided by Aaroogya foundation 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). Aaroogya foundation does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Aaroogya foundation 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, Aaroogya foundation 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 Aaroogya foundation or any User in relation to any User or services provided by such User. Aaroogya foundation does not warrant that the Website will be interrupted or error-free, that defects in materials or functions will be corrected, or that this site or its servers are free of viruses or bugs. 

§ The Website may be linked to the website of third parties, affiliates and partners. Aaroogya foundation has no control over, and is 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 Aaroogya foundation endorses the linked site. User may use the links and these services at User’s own risk and discretion. 

§ Aaroogya foundation 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 third party websites link of which provided on the Website or by the 

downloading of any material, data, text, images, video content, or audio content from the Website or such third party websites. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website. 

§ If Aaroogya foundation determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Aaroogya foundation reserves the right to immediately suspend your access to the Website or any of your accounts with Aaroogya foundation. You shall be liable to indemnify Aaroogya foundation for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Aaroogya foundation. 

§ Aaroogya foundation has published or may publish certain information for guidance purpose and does not or may not have the ability to ascertain accuracy of the data based on which the information has been or may be published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Aaroogya foundation is not liable in any manner for any consequence whatsoever arising out of any use of the information published on the Website by usage of Services or as a result of the questioner or forms filled in by the User. 

§ The results of any search Users perform on the Website for any query or question or information, should not be construed as advice given by Aaroogya foundation. If the User decides to act on the basis of the result, the User shall be doing so at his/her own risk. 

§ Without prejudice to the generality of the above, Aaroogya foundation is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any act or omissions of the User basis the accessing or using the Services and Website. User understands and agrees that Aaroogya foundation will not be liable for User deciding whether to or not to avail any medical treatment after using the Services; or availing medical treatment after using the Services or accessing the Website including: 

i. User interactions and associated issues User has with any medical professional or organisations or other persons such as health workers, nurses ; ii. the ability or intent of a practitioner(s) approached or consulted by the User or the lack of it, in fulfilling their obligations towards Users; iii. any wrong medication or quality of treatment being given by any practitioner(s) approached or consulted by the User, or any medical negligence on part of any practitioner(s) approached or consulted by the User; iv. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of any practitioner or person approached or consulted by the User; v. any misconduct or inappropriate behaviour by any practitioner approached or consulted by the User or such practitioner’s staff; 

§ Users may be allowed to provide feedback about the Services, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Aaroogya foundation shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback. 

NO DOCTOR-PATIENT RELATIONSHIP 

§ Please note that the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided basis our analysis and or by individuals in the medical profession. The provision of such Information does not create a medical professional/patient relationship of whatsoever nature, between Aaroogya foundation 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 or identifying appropriate medical care from a qualified practitioner and to provide you an option to be educated if you so desire on certain medical conditions and treatment from health workers, BDS, MDS etc.. Aaroogya foundation is a technological platform rendering Services and may facilitate a User if he so desires to connect with identified registered medical practitioners and we do not provide any medical advisory/ consultation services whatsoever in our own capacity. 

§ It is hereby expressly clarified that, the Information that you obtain or receive from Aaroogya foundation, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. 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. 

§ The Services are not intended to be a substitute for getting in touch with healthcare. 

CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS 

§ The contents listed on the Website are (i) User generated content, or (ii) belong to Aaroogya foundation or its associates, partner entities, licensors etc.The information that is collected by Aaroogya foundation directly or indirectly from the Users shall belong to Aaroogya foundation. Copying of the copyrighted content published by Aaroogya foundation on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Aaroogya foundation reserves its rights under applicable law accordingly. 

§ Aaroogya foundation site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Aaroogya foundation and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Aaroogya foundation and/or other parties is granted to or conferred upon you. 

§ Aaroogya foundation 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, chatbot, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of 

content on the Website (collectively, “Aaroogya foundation Content”), are the property of Aaroogya foundation and are protected under copyright, trademark and other laws. 

Healthcare Disclaimer for FOSS software 

In any other jurisdictions where they may apply, the following additional disclaimer of warranty and limitation of liability are hereby incorporated into the terms and conditions. 

No warranties of any kind whatsoever are made as to the results that You will obtain from relying upon the covered code (or any information or content obtained by way of the covered code), including but not limited to compliance with privacy laws or regulations or clinical care industry standards and protocols. Use of the covered code is not a substitute for a health care provider’s standard practice or professional judgment. Any decision with regard to the appropriateness of treatment, or the validity or reliability of information or content made available by the covered code, is the sole responsibility of the health care provider. Consequently, it is incumbent upon each health care provider to verify all medical history and treatment plans with each patient. 

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted by the license, be liable to You for any indirect, special, incidental, consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses, of any nature whatsoever (direct or otherwise) on account of or associated with the use or inability to use the covered content (including, without limitation, the use of information or content made available by the covered code, all documentation associated therewith, and the failure of the covered code to comply with privacy laws and regulations or clinical care industry standards and protocols), even if such party shall have been informed of the possibility of such damages. 

§ User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. 

§ Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, feedback, ideas, queries, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Aaroogya foundation or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Aaroogya foundation is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. 

REVIEWS AND FEEDBACK 

§ By using this Website, you agree that any information shared by you with Aaroogya foundation will be subject to our Privacy Policy. 

§ You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Services. 

§ You hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the provisions of applicable laws. Aaroogya foundation, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law. 

RECORDS 

Aaroogya foundation may as part of the Services offered retain medical records and may provide access to registered medical practitioners, government authorities or health organisations analysis or records of the users in order to comply with applicable guidelines, improve and or analyse the data to take appropriate steps in relation to public health. 

AAROOGYA FOUNDATION MEDICINE INFORMATION 

Aaroogya foundation Q&A 

i. The Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. ii. Any Q&A interaction cannot be construed as a medical consultation and/ or advice with any medical practitioner, in any manner whatsoever. iii. Users may answer any question forming part of a questionnaire on the Website, and as result thereof Aaroogya foundation may provide suggestions. Such suggestions do not create any doctor-patient relationship between Us and User, in any manner whatsoever. iv. The Service may provide probable views, recommendations, suggestions and solutions basis the answers. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The User is advised to consult with a doctor in this regard. v. User understands that the views, suggestions, recommendations etc. as a result of User filling in the questioner is not: a. medical diagnosis; b. issuance of a prescription; 

vi The personally identifiable information of the User may be anonymized by Aaroogya foundation prior to analysing the answers to the questioner; 

RIGHTS AND OBLIGATIONS RELATING TO CONTENT 

§ As mandated by applicable Regulation, Aaroogya foundation hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that: 

i. belongs to another person and to which the User does not have any right to; ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iii. harm minors in any way; iv. infringes any patent, trademark, copyright or other proprietary rights; v. violates any law for the time being in force; vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; vii. impersonate another person; viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. 

§ Users are also prohibited from: 

i. violating or attempting to violate the integrity or security of the Website or any Aaroogya foundation Content; ii. transmitting any information on or through the Website that is disruptive or competitive to the provision of Services by Aaroogya foundation; iii. intentionally submitting on the Website any incomplete, false or inaccurate information; iv. making any unsolicited communications to other Users; v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website; vii. copying or duplicating in any manner any of the Aaroogya foundation Content or other information available from the Website; viii. framing or hot linking or deep linking any Aaroogya foundation Content. ix. circumventing or disabling any digital rights management, usage rules, or other security features of the Software. 

§ Aaroogya foundation, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information 

that is in contravention of these Clauses. Aaroogya foundation shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes. 

§ In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Aaroogya foundation has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website. 

§ Aaroogya foundation may disclose or transfer User generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. 

§ Aaroogya foundation respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights 

REPRESENTATIONS OF DOCTORS/ REGISTERED MEDICAL PRACTITIONERS USING THE AAROOGYA FOUNDATION PLATFORM 

§ that they are duly registered with the national councils or respective state medical council/s and comply with their relevant provisions. 

§ that when information is to be provided they shall provide their correct personal details and medical qualifications to Aaroogya foundation including but not limited to their name, qualification and registration number, contact details, any pending medico-legal cases against them etc. 

§ they have read, understood and shall comply with the Telemedicine Practice Guidelines dated 25th March, 2020 and Indian Medical Council Act, 1956 and any other related laws, rules, regulations and guidelines along with any amendments made thereto from time to time. The Telemedicine Practice Guidelines may be found at: https://www.mohfw.gov.in/pdf/Telemedicine.pdf 

§ that they hold valid medical licenses and have no pending medical misconduct cases against them. 

§ that they have completed the mandatory online/ offline courses and trainings offered by Ministry of health and family welfare 

§ that they shall be up to date with the patient’s past medical history and take the same into account at the time of consultation. 

INDEMNIFICATION 

§ You agree to defend, indemnify and hold us and our affiliates and our affiliates, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. 

§ All users who are registered medical practitioners/ nurses/ BDS/ MDS using the Aaroogya foundation platform shall provide their services and advice at their sole risks and consequences. Aaroogya foundation shall neither be obliged to nor be expected to ascertain if such medical advice/consultation/prescriptions provided is correct or accurate nor is Aaroogya foundation required to advise/consult the patient to take a second medical opinion for any given case. It is once again clarified that Aaroogya foundation only provides its services as an intermediary and provides no independent medical advice. The registered medical practitioner/ nurses/ BDS/ MDS shall indemnify, defend and hold Us, our directors, employees, agents, representatives harmless from all actions, proceedings, complaints, claims, damages, demands, liabilities, costs, expenses, etc arising out of or in relation with: a). any violation of confidentiality obligations,;b). any form of medical negligence c). any violation of the intellectual property rights of the Aaroogya foundation; d). any act of wilful misconduct, gross negligence by the Consultant and/or its employees; e). any statutory violation f). any other act which may have any form of legal impact on the company g) arising out of or in relation to medical advice rendered by the medical practitioner 

NO CONTROLLING SPAM POLICY OR UNSOLICITED E-MAILS 

§ You will not use any communication tool or other means available on the Website to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). Aaroogya foundation will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of Aaroogya foundation for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Website immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Website, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other 

measures may block, either temporarily or permanently, some e-mail sent to you through the Websites. 

TERMINATION 

Aaroogya foundation reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where, 

i. Such User breaches any terms and conditions of the Agreement; ii. A third party reports violation of any of its right as a result of your use of the Services; iii. Aaroogya foundation is unable to verify or authenticate any information provide to Aaroogya foundation by a User; iv. Aaroogya foundation has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or v. Aaroogya foundation believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Aaroogya foundation or are contrary to the interests of the Website. 

§ Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices. 

LIMITATION OF LIABILITY 

In no event, including but not limited to negligence, shall Aaroogya foundation, or any of its associated entities or Aaroogya foundation’s directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, User actions post response to any questioner. In no event shall the Protected Entities be liable for: 

i. provision of or failure to provide all or any service managed through the Website; ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website; iii. any unauthorized access to or alteration of your transmissions or data; or iv. any other matter relating to the Website or the Service. 

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited 

to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. /-500 only 

RETENTION AND REMOVAL 

Aaroogya foundation may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the applicable Rules. Computer web server logs may be preserved as long as administratively necessary. 

APPLICABLE LAW AND DISPUTE SETTLEMENT 

§ You agree that this Agreement and any contractual obligation between Aaroogya foundation and User will be governed by the laws of India. 

§ Any 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 Aaroogya foundation. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Delhi. 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. Subject to this Clause, the courts at Mumbai 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. 

CONTACT INFORMATION GRIEVANCE OFFICER 

§ If a User has any questions concerning Aaroogya foundation, the Website, this Agreement, the Services, or anything related to any of the foregoing, Aaroogya foundation customer support can be reached at the following email address: covidwellbeing@aaroogya.org.in 

SEVERABILITY 

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal. 

WAIVER 

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Aaroogya foundation. Any consent 

by Aaroogya foundation to, or a waiver by Aaroogya foundation of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

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