Terms of Use
These Terms of Use (“Terms of Use”) have been drafted 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 www.niramai.com, www.thermaltix.com, www.thermalytix.org or any mobile app created by Niramai.
About Us
The domain names www.niramai.com, www.thermaltix.com, www.thermalytix.org (hereinafter referred to as “Website”) are owned and managed by Niramai Health Analytix Private Limited, a private limited company limited by shares incorporated in India under the Companies Act, 2013, and having its registered office
at A7-506, Elita Promenade, J P Nagar 7th Phase, Bangalore, Karnataka, India- 560078 (hereinafter referred to as “Company”).
Terms of Use
Your use of the Website, apps, services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website and the mobile app of the Company (“Application”) including the applicable policies which are incorporated herein by way of reference. If You transact on the Website or the Application, You shall be subject to the policies that are applicable to the Website and/or the Application for such transaction. By mere use of the Website and/or the Application, You shall be contracting with Company and these Terms of Use, including the policies constitute your binding obligations, with the Website and/or the Application.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Website and/or the Application by using the Website and/or the Application as a User using the computer systems or mobile devices. This Website and/or the Application allows the User to use the Website and/or the Application, as the case may be. The term “We”, “Us”, “Our” shall mean Company.
Eligibility to use
Use of the Website and/ or the Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website and/ or the Application. If you are a minor i.e. under the age of 18 years, you shall not transact on or use the Website and/or the Application, unless the same is in case of an emergency in relation to a third party. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Company reserves the right to refuse You access to the Website if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years. By visiting Company Website or accepting these Terms of Use, You represent and warrant to Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Website and/ or the Application and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Website in a manner consistent with any and all applicable laws and regulations.
Company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so
Your use of Company Website and/ or the Application
The Company offers its services to different categories. Users of each of the categories are required to register themselves on the Website and/ or the Application and make an individual account with Company in order to receive its services. Such an account is accessible by the unique username and password provided to the User by the Company when they chose to register themselves on the Website and/ or the Application. The said username and password should be kept highly confidential and should not be disclosed to any third party. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
You shall ensure that the Account Information provided by You in the Website’s and/ or the Application’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website and/ or the Application (or any portion thereof).
Privacy and Information Protection
Please review our Privacy Policy, which also governs your visit to this Website and/ or the Application, to understand our internal policies and practices. The personal information / data provided to us by you during the course of usage of the Website and/ or the Application will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website and/ or the Application.
Charges for using the Website and/ or the Application
Company reserves the right to change its fee policy from time to time. In particular, Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website and/ or the Application. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy of the Company shall be as per agreements and such changes shall automatically become effective immediately after the agreements are signed. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
Rights of use
Company grants you limited rights to access and make personal use of this Website and/ or the Application, but not to download (other than reports and page caching) or modify it, or any portion of it. These rights do not include any commercial use of contents of this Website and/ or the Application; any collection and use of any content, descriptions, or prices; any derivative use of this Website and/ or the Application or its contents; any downloading or copying of account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose.
Your Conduct
You must not use the Website and/ or the Application in any way that causes, or is likely to cause, the Website and/ or the Application or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Company, are responsible for all electronic communications and content sent from your computer to us and you must use the Website and/ or the Application for lawful purposes only. You must not use the Website and/ or the Application for any of the following:
• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
• to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”; or violates any law for the time being in force; or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• for any act that causes, or may be likely to cause damage or impairment to the Website and/ or the Application or in any manner harms the Company or any other person or entity (as determined by the Company in its sole discretion) or interrupt free access to it in any way.
• to delete or modify any content of the Website and/ or the Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
POLICIES
Profanity Policy
Our Website and/ or the Application prohibits the use of language that is racist, hateful, sexual or obscene in nature in any form whatsoever.
Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.
Disclaimer of Warranties and Liabilities
We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or the content (including product information and/or specifications) on the Website and/ or the Application. While we have taken precautions to avoid inaccuracies in content, the Website, and/ or the Application, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind.
Indemnity and Release
You shall indemnify and hold harmless Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Communications
When you visit the Website and/ or the Application or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website and/ or the Application or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us.
Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website and/ or the Application.
Alteration of Service or Amendments to the Terms
We reserve the right to make changes to our Website and/ or the Application, policies, and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use the Website and/ or the Application, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Governing law and Jurisdiction
This Terms of Use is governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Severability & Waiver Contact Information
If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Contact Information
This site is owned and operated by Niramai Health Analytix Private Limited. If You have any have any question, issue, complaint regarding any of our Services, please contact contact@niramai.com.