TERMS OF BUSINESS
In these Terms of Business references to “you” and “your” are to the clients named above. Unless the context otherwise requires, references to “we”, “us”, “our” and “Aremas” are to Aremas.
We are the author and publisher of the internet resource www.aremas.org and the mobile application Aremas by Wix (Wix by spaces). We own and operate the services provided through the Website.
NATURE AND APPLICABILITY OF TERMS
1.2 The Agreement applies to both-
a. A medical practitioner or health care provider (whether an individual professional or an organization or an institution of a similar nature) wishing to be listed or already listed on our Website, including but not limited to the authorised associates or partners of such practitioners or institutions (“Practitioner(s)”); and
b. A patient, including his/her representatives, searching for Practitioners through the Website or otherwise a user of the Website (“You or User”).
1.3 This Agreement applies to all the services offered by Aremas to the Users on the Website (“Services”), including but not limited to:
a. Book Online Sessions
b. Forum, and
c. Alate Challenges
1.4 The Services may change from time to time, at our sole discretion, and the Agreement will apply to your visit to and your use of the Website to avail the Services, as well as to all information provided by you on the Website at any given point in time.
1.5 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.
1.7 We reserve the right to modify or terminate any portion of this Agreement for any reason and at any time, and such modification shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
1.8 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 of any Services.
1.9 Your use of the Website and the Services will be solely at our discretion.
1.10 This Agreement is published in compliance of and is governed by the provisions of Indian Laws, including but not limited to the Indian Contract Act 1872, The Information Technology Act 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules 2011 and the Information Technology (Intermediaries Guidelines) Rules 2011.
2. CONDITIONS OF USE
2.1 Must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to us that you are 18 years of age or older and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3.1 Aremas may by its Services, collect information relating to the devices through which you access the Website and anonymous data of your usage. The collected information will be used only for improving the quality of our Services and to build new services.
3.2 The Website allows us to have access to registered User’s personal email or phone numbers, for communication purposes so as to provide you with a better way of communicating with us.
a. the type of information collected from Users, including sensitive personal data or information;
b. the purpose, means and modes of usage of such information;
c. how and to whom we will disclose such information; and
d. other information mandated by the applicable law regulations.
a. the fact that certain information is being collected;
b. the purpose for which the information is being collected;
c. the intended recipient of the information;
d. the nature of collection and retention of the information; and
f. the various rights available to such Users in respect of such information.
3.5 Aremas shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Aremas or to any other person acting on behalf of Aremas.
3.6 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 Aremas of any actual or suspected unauthorized use of the User’s account or password. Although Aremas will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Aremas or such other parties as the case may be, due to any unauthorized use of your account.
3.7 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Aremas has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Aremas has the right to discontinue the Services to the User at its sole discretion.
4.1 Users will be liable to pay our fees in advance of any consultancy session. We will confirm the booking via email, telephone or any other method as requested by the User once payment for the Service(s) availed has been made.
5. RIGHT TO CANCEL
5.1 You may terminate your instructions to us in writing at any time.
5.2 Our contact details, to inform us of your decision to terminate, are:
a. Post: Block C1-449, FF, Palam Vihar, Gurgaon, Haryana, 122017
b. Tel: 9717054848
c. Email: email@example.com
5.3 If you terminate your contract, we will not reimburse the payments received from you in advance
6. LIMITATIONS OF LIABILITY
6.1 In no event, including but not limited to negligence, shall Aremas, or any of its directors, officers, employees, agents or content or service providers or practitioner (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, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
a. provision of or failure to provide all or any service by Practitioner to Users;
b. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website;
c. any unauthorized access to or alteration of your transmissions or data; or
d. any other matter relating to the Website or the Service
6.2 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 1,000 (Rupees One Thousand Only).
7. CLIENT SERVICE & COMPLAINTS
7.1 You agree that this Agreement and any contractual obligation between Aremas and User will be governed by the laws of India.
7.2 If you would like to discuss how our service to you could be improved, or if at any time you are dissatisfied, please contact the partner responsible for the work, or if you prefer, our client care partner or, if [he/she] should be dealing with your matter,
7.3 We have a formal complaint handling procedure. We will investigate complaints promptly and will respond to you in writing.
7.4 We have eight weeks to consider your complaint. If we have not resolved it within this time, or you are not satisfied with our handling of your complaint, you can commence proceedings in accordance with the Arbitration and Conciliation Act 1996. The seat of such arbitration shall be Haryana. All proceedings of such arbitration, including, without limitation, any award, shall be in the English language. The award shall be final and binding on the parties to the dispute.
7.5 Subject to clause 7.4 above, the courts of Haryana shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
8. STORAGE OF PAPERS AND DOCUMENTS
8.1 We will keep our file of papers (except for any of your papers which you ask to be returned to you) for no more than [insert number of years] years. We keep the file on the understanding that we have the authority to destroy it [insert number of years] years after the date of the final bill we send you for this matter. We will not destroy documents you ask us to deposit in safe custody.
9. DATA PROTECTION
9.1 We will process any personal data that you provide to us in accordance with our obligations under applicable data protection laws and regulations.
a. what personal data we collect about you and how that data is collected;
b. how, why and on what grounds we use your personal data;
c. who we share your personal data with;
d. where your personal data is held and how long it will be kept;
e. whether your personal data may be transferred out of the European Economic Area and, if so, the measures taken to protect that data;
f. your rights in relation to the personal data we hold or use;
g. the steps we take to secure your personal data;
h. how to make a complaint in relation to our use of your personal data; and
i. how to contact us with any queries or concerns in relation to your personal data.
1. Unless otherwise agreed, these terms of business apply to any future instructions you give us and will be governed by English law. Unless at our entire discretion we elect otherwise, any dispute relating to this agreement or our work will be subject to the exclusive jurisdiction of the English Courts.
2. Your continuing instructions in this matter will amount to your acceptance of these terms and conditions of business. Even so, we ask you to please sign and date the enclosed copy of these terms and return it to us immediately. We can then be confident that you understand the basis on which we will act for you.
3. This is an important document: please keep it in a safe place for future reference.