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TERMS OF USE

This Terms of Use (“Terms”) are published by Assistaid Healthcare Private Limited (CIN: U73200KA2020PTC134666), a company incorporated under the Companies Act, 2013 and having its registered office at 130, 6th Main, 12th Cross, JP Nagar, 3rd Phase, Bengaluru, Karnataka, India - 560078 (“AHPL”). The User (as defined below) shall be deemed to have accepted these Terms on continuing to use the Website (as defined below). Upon such confirmation, these Terms come into effect and be held to be a valid agreement between AHPL and the User.

By mere use of the Website, the User shall be deemed to have accepted these Terms including the policies.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

For the purpose of these Terms, wherever the context so requires, the term:

1. “Applicable Laws” shall include all laws, statutes, ordinance, regulations, guidelines, policies, and other pronouncements having the effect of law of all or any applicable jurisdictions by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator, or board or such other body which has the force of law within the territory of India;
2. “Content” shall include, without limitation, data, text, written posts, comments, software, scripts, interactive features generated, graphics, images, photos, documents, audio, video, location data, nearby places, and all other forms of information or data;
3. “Person” shall mean any natural person, trust, firm, company, governmental authority, joint venture, association, partnership, society, or other entity (whether or not having a separate legal personality);
4. “Products” means the products of AHPL including the Digi-Muscle dynamometer and other products;
5. “Product Information” means the details of the AHPL’s products available on the Website for the knowledge of the User;
6. “User/ you” shall mean any individual or natural person who accesses the Website and/or accepts these Terms and who seeks to avail the Product Information of AHPL. Nothing in these Terms shall be deemed to confer any third-party rights or benefits;
7. “User Content” shall mean any Content that the User saves, submits, posts, displays, uploads, shares, transmits through the Website, including but not limited to, contact details provided by the User, profile information, and any other Content or information that User stores or makes available on the Website;
8. “Website” shall mean the internet portal located here.

All words and expressions used herein and not defined, but defined in the Information Technology Act, 2000 and/or the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 shall have the meanings respectively assigned to them thereunder.

1. Description of the Website
   1. 1.1 This official Website of AHPL has been developed to provide general public information for the Products. The documents and information displayed on this Website are for reference and information purposes only.
   2. 1.2 Users are advised to read the Terms carefully before proceeding. Users are advised to refrain from using or accessing the Website, if they do not agree with the Terms. By impliedly or expressly accepting these Terms, the User also accepts and agrees to be bound by all AHPL’s policies (including but not limited to Privacy Policy available on [insert hyperlink] as amended from time to time).
   3. 1.3 AHPL provides the content on this Website subject to the following Terms. While AHPL attempts to keep its web information accurate and timely, it neither guarantees nor endorses the content, accuracy, or completeness of the information, text, graphics, hyperlinks, and other items contained on this Website or any other server. AHPL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to the User, so the User should re-appraise themselves of the Terms periodically. Unless explicitly stated otherwise, any new features that augment or enhance the Website shall be subject to these Terms.
   4. 1.4 Commercial use of web materials without the written consent of AHPL is prohibited.
2. Eligibility
   1. 2.1 Where any person under the age of 18 or otherwise not competent to contract attempts to use the Website, AHPL reserves the right to refuse to provide such person with access to the Website if it is brought to AHPL’s notice or if it is discovered that such User is not eligible to use the Website.
3. General Use of the Website
   1. 3.1 User agrees, undertakes and confirms that its use of the Website shall be strictly governed by the binding principles contained herein below. The User shall not host, display, upload, modify, transmit, update or share any information that:
      1. 3.1.1 belongs to another person and to which User does not have any right to;
      2. 3.1.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
      3. 3.1.3 is unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" under Applicable Laws;
      4. 3.1.4 is misleading in any way;
      5. 3.1.5 harasses or advocates harassment of another person;
      6. 3.1.6 involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
      7. 3.1.7 infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
      8. 3.1.8 promotes an illegal or unauthorized copy of another Person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files or some other Person’s database or proprietary information;
      9. 3.1.9 refers to any website or mobile application or URL that, in AHPL’s sole discretion, contains material that is inappropriate for the Website or any other website or mobile application or URL, contains content that would be prohibited or violates the letter or spirit of these Terms;
      10. 3.1.10 harms minors in any way;
      11. 3.1.11 creates any liability for AHPL or causes AHPL to lose (in whole or in part) the services of its internet service provider ("ISPs") or other clients or suppliers.
4. Collection of Personal Data
   1. 4.1 By mere use of the Website, the User authorizes AHPL to collect information that can be used to identify or contact a single person (including but not limited to, name, contact preference, telephone number, mailing address, e-mail address, organization name, organization address, location tracking, etc.) (“Personal Information”) and other non-Personal Information about the User and use and/or disclose the same if AHPL believes that access, use, preservation or disclosure of such information is reasonably necessary to:
      1. 4.1.1 satisfy any Applicable Law, legal process or enforceable governmental request including to law enforcement and in response to a court order,
      2. 4.1.2 detect, prevent, or otherwise address fraud, technical or security issues,
      3. 4.1.3 enforce applicable terms and conditions, including investigation of potential violations thereof, or
      4. 4.1.4 protect against harm to the rights or properties of AHPL, its users or the public as required or permitted by Applicable Law,
      5. 4.1.5 to protect AHPL against third-party claims.
5. Copyright, Trademark and Restriction
   1. 5.1 All material of, or contained on the Website, including but not limited to text, design, graphics, interfaces, artworks or computer code(s) and the selection, structure, co-ordination, expression, the look, feel and arrangements of the content on the Website (hereinafter referred to as "Materials"), images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights are properties either owned by or licenced to AHPL. The names including website are owned by or licensed to AHPL and logos and all related product and service names, design marks and slogans are the trademarks or service marks of AHPL its affiliates, its partners or its suppliers.
   2. 5.2 The User must not sell or modify the content of this Website or copy, reproduce, display, publicly perform, republish, upload, post, transmit, distribute, or otherwise use such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so, for any public or commercial purpose.
   3. 5.3 A single copy of the Materials may be downloaded or otherwise copied from this Website for your own personal, non-commercial use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission or distribution of any part of this Website in any way is strictly prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights of AHPL.
6. Hyperlinks to Third Party Websites
   1. 6.1 This Website may contain hyperlinks to content that belong to third parties (“Third Party Content”). AHPL is not responsible and assumes no responsibility for any Third Party Content, or for any potential damage arising out of or in connection with the use of such Third Party Content. Access to any Third Party Content at the User's own risk.
   2. 6.2 User’s use of such Third Party Content shall be governed by the terms and conditions of use and privacy policy applicable to the corresponding third party. AHPL may obtain publicly available data, such as, business addresses, phone numbers, other contact information etc. available from such third parties. However, AHPL does not control, represent or endorse the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to the Website.
   3. 6.3 AHPL reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Third Party Content accessible on the Website. Further, AHPL may in its sole discretion and without any obligation, verify any updates, modifications, or changes to any Third Party Content included/linked to the Website, wherever deemed appropriate by AHPL, but shall not be liable for any delay or inaccuracies related to such updates.
7. Disclaimer of Liability and Consequential Damages
   1. 7.1 ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED "AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AHPL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE CONTENT OF THE WEBSITE OR THAT THE FUNCTIONALITY ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL AHPL OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
   2. 7.2 USERS ARE ADVISED TO VIEW THE SALES PACK FOR PRODUCT DETAILS AS THE SAME MAY HAVE MINOR VARIATIONS OR OTHER EXPLANATIONS THAT ARE PRESENTLY NOT AVAILABLE ON THE WEBSITE.
   3. 7.3 PRIOR TO USAGE OF ANY PRODUCT, USERS ARE CAUTIONED TO CHECK ALL DETAILS ON THE PRODUCT PACKAGING INCLUDING EXPIRY DATES. TFSL DOES NOT ASSUME ANY LIABILITY IN THE EVENT ANY USER USES ANY PRODUCT NOT SUITABLE TO SUCH USER.
   4. 7.4 TFSL DOES NOT PROVIDE ANY GUARANTEE OF CONTINUATION OF THE PRODUCTS AND MAY CHOOSE TO DISCONTINUE A PRODUCT OR LINE OF PRODUCTS WITHOUT ANY NOTICE.
8. Remedy
   1. Termination or expiration of these Terms, in part or in whole, shall not limit AHPL from pursuing other remedies available to it, nor shall AHPL be liable to the User for any damages resulting solely from termination as permitted herein.
9. Indemnity
   1. As a condition of its use of this Website, User shall indemnify and hold harmless AHPL, its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any Applicable Law or the rights (including infringement of intellectual property rights) of a third party.
10. Governing Law
    1. The Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bengaluru, Karnataka, India.
11. Jurisdiction for Dispute Resolution
    1. Any dispute or disagreement arising out of these Terms including but not limited to issues relating to the rights and liabilities of both the Users and/or AHPL, interpretation of these Terms, and all such other issues arising out of these Terms shall be subject to the jurisdiction of the courts at Bengaluru, Karnataka, India.
12. Contact Us
    1. Please send any questions or comments (including all inquiries related to trademark/copyright infringement) regarding the Website or the Products to [insert].
13. Grievance Officer
    1. In accordance with the Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
    2. Siddharth Goel
    3. Email: siddharth@digimuscle.com