Terms & Conditions

The following Terms and Conditions are entered into by and between you (“Customer”, or “You”, or “Your”, or “User”) and shall also include persons who are accessing the Website merely as visitors and eViRis Health Services Pvt. Ltd. (“eViRis Health”, or “Company”, or “We” or “Our” or “Us”). The following terms and conditions, together with the Privacy Policy and any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the website [www.evirishealth.com] (“Website”) or the mobile app (“App”), including any content, functionality and services offered on or through the Website or App, whether as a guest or a registered user.

Please read these Terms and Conditions of Use, the Privacy Policy and the Return and Refund Policy carefully before you start to use the Website or App.

BY USING, ACCESSING, BROWSING THE WEBSITE OR APP, OR WHILE AVAILING ANY SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS AND CONDITIONS, THE PRIVACY POLICY AND THE RETURN AND REFUND POLICY, WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE INCORPORATED HEREIN BY REFERENCE.

If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the services available on the Website or App and should exit this Website or App now.

However, if you navigate away from the Company Website to a third party website, the terms and conditions and privacy policy applicable to that website will govern your use of that website respectively.

In terms of (Indian) Information Technology Act, 2000, this document is an electronic record being generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 (the “IG Rules”) that require publishing the rules and regulations, Privacy Policy and Terms and Conditions for access or usage of https://evirishealth.com website and its mobile application.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”).

1. General Information:

The information available on the Website or App has been compiled with utmost precision and is for information purposes only and does not constitute professional medical advice, recommendation, diagnosis or any other kind of treatments. Taking any action based on the content provided on the Website or App will be solely at your own risk and the Company is not liable to your acts.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON, OR ACCESSED THROUGH ANY WEBSITE.

2. Account Registration and Security:

To avail the Services of eViRis Health, you are required to register by following the process established by the Company in this regard. As a part of the registration procedure, you are requested to provide the mandatory personal information accurately such as First Name, Last Name, Mobile Number, Gender, Age, Address, E-mail address, and other details as you may volunteer. You agree that the eViRis Health user profile is created to store a record of your consultations, personal health information online including medical history, surgical history, health conditions and medications.

You agree and acknowledge that you would:

  1. Create only one account;
  2. Provide true, authentic, accurate, current and complete information while creating your account;
  3. Maintain and update your account information;
  4. Maintain the security by not sharing your password with others and restrict access to your account;

eViRis Health reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Website of App according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by you for eViRis Health’s record or for the Services. Please make sure you provide a valid email-id and You update it as and when needed.

The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used for the technical administration of the Website, research and development, and for user administration. Refer to Privacy Policy for further details regarding your personal information.

It is your responsibility to keep your password and account details confidential. We shall not be responsible for any loss or damage occurred which may take place if user fails to protect their account credentials. In case you notice suspicious activities that threaten disclosure of your account details, please contact us immediately at +91 8010 234 234 or mail us at support@evirishealth.com. If eViRis Health believes that there is likely breach of security or misuse of the Website or App; then, we may ask you to change your password or, may also, deactivate your account without your consent.

eViRis Health, at its sole discretion, reserves the right to permanently or temporarily suspend user account, to bar their use and access of the Website and App, at any time while the Company investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

You agree that all information you provide to register with this Website or App or otherwise, including but not limited to through the use of any interactive features on the Website or App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

By creating this account, you agree to receive communication from us via promotional SMS, Emails, Push Notifications, Telephone, and Chat at any time. You consent to be contacted by us in case of any order or shipment or delivery related updates and/or to update you about new offers and promotions.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or eViRis Health has reasonable grounds to suspect that such information as untrue, inaccurate, not current or incomplete, eViRis Health shall have the right to suspend or terminate such account at its sole discretion.

3. Products and Services:

The Website or App is a platform that facilitates:

  1. online purchase of pharmaceutical products sold by various distributors and manufacturers (hereinafter referred to as “Distributor(s)”, or “Distribution Channel”);
  2. diagnostic services being offered by various third party diagnostic centres (hereinafter referred to as “Diagnostic Centre(s)”);
  3. booking doctor appointment through online facilitated by third party hospitals or doctors or clinics (hereinafter referred to as “Doctor Appointments”);
  4. nursing at home provided by third party nurses (hereinafter referred to as “Nursing Services”);
  5. preventive care which is as an information platform providing health and wellness related information to the Users accessing the Website (hereinafter referred to as “Preventive Care”);
  6. online publicity of various sponsors advertising and marketing their own products and services (hereinafter referred to as “Third Party Advertisers”).

Distributors, Diagnostic Centres, Doctor Appointments, Nursing Services, Third Party Advertisers are collectively referred to as the “Service Providers”. Further services provided by these Service Providers and Preventive Care information provided by the Company are collectively referred to as the “Services”.

The Services offered to you might include issue of discount coupons and vouchers that can be redeemed for various goods/ services available on the Website or App. To facilitate the relation between you and the Company, promotional content including but not limited to emailers, notifications and messages may be sent to you.

You agree and acknowledge that the Website is a platform that you get to know about the Service Providers; eViRis Health is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between you and the Service Providers.

You agree and acknowledge that the Company retains the right to constantly update and improve its Services, including adding or removing functionalities, features, requirements, suspension or stopping Service(s) altogether.

4. Availing Pharmaceutical Services through the Website or App:

The Website or App facilitates user to purchase prescription medicines, OTC products, specialty drugs, vaccinations, healthcare devices and other health related products (“Pharmaceutical Goods and Services”). Many of the products offered for sale on the Website or App including the content made available are sourced by the Distributors or Manufacturers. eViRis Health has no control over such contents or products. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Distributors through the Website shall be the sole responsibility of the Distributors. You understand and agree that eViRis Health shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website or App.

eViRis Health does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Distributors on the Website or App. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website or App vest with eViRis Health nor shall eViRis Health have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Distributors, who are the ultimate sellers.

You accept and acknowledge the following:

  1. eViRis Health does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website or App.
  2. On the Website or App, Distributors may exhibit content and information which includes catalogue of drugs / pharmaceutical products or services. The content may include without limitation to text, copy, audio, video, photographs, illustrations, graphics and other visuals etc. for general information purpose only. Such kind of advertisement / promotion of any drug offered for sale by Distributors on the Website or App is not to provide medical advice, diagnosis, treatment or any kind of medical recommendations respectively.
  3. It is solely the responsibility of the Distributor to ensure that the information provided by them is accurate in all respects and are not misleading, no exaggeration or over emphasis on the specifics of such products so as to mislead the Users in any manner.

This Website or App is a platform that facilitates the user to purchase Pharmaceutical Goods and Services which requires a valid medical prescription issued by a medical practitioner (“Prescription Drugs”).

The Company shall maintain a record of all the prescriptions uploaded by the users and the rules regarding the privacy of the user records are listed in Privacy Policy.

The substitute of the Prescribed Drug can only be ordered if the medical practitioner permits for any other equivalent drug in place of the Prescribed Drug. In absence of above, eViRis Health would not dispense substitute drug in place of the Prescribed Drug.

In case of a Prescription Order, if the prescription is of a person other than yourself, you will need to have the authority of the person whose prescription it is to have it dispensed by us. By placing an order to dispense another person’s prescription, you confirm that you have their authority to do so.

5. Availing Diagnostics Services through Website or App:

eViRis Health offers diagnostic services provided through the Website or App and the conditions of use to avail the diagnostic services are subjected to the following guidelines:

  1. The Company, through the Website or App facilitates users to avail the diagnostic services offered by the Diagnostic Centre(s).
  2. We are not responsible for any sample collected, tests conducted and reports generated by the Diagnostic Centres and the Company shall have no liability or responsibility in this regard.
  3. The Company does not guarantee or make any representations with respect to the correctness, completeness or accuracy of the information or details provided by user or Diagnostic Centre(s) through the Website or App to avail the service.
  4. eViRis Health, at its sole discretion can suspend Diagnostic Centre(s) ability to access the Website or provide the service to the user on behalf of eViRis Health if the Diagnostic Centre(s) violates the Agreement (“MoU”) set forth between both the company and Diagnostic Centre, or for any other reason.

The Company shall maintain a record of all the diagnostic reports of the users and the rules regarding the privacy of the user records are listed in Privacy Policy.

6. Availing Nursing Services @ Home:

We strive to deliver quality care at the comfort of your home through trained and certified nurses. We provide specialized nurses for specialized services listed below:

  1. Post-surgery /Post-operative care
  2. Assisted / Attendant care
  3. Basic nursing care
  4. Geriatric care
  5. Mother and infant care

We have a pool of care-givers to select from, to provide the Nursing Services at the convenience of your home. We will ensure that the nurse assigned is as per your preference but this may not be possible all the time. eViRis Health cannot guarantee that the same nurse is assigned on all days. We can assign any care-giver on any day as it deems fit without prior notice.

Every patients’ requirement is unique and upon receiving your request, we might have a detailed conversation regarding the specific medical condition and then the best course of plan is suggested.

7. Editorial Policy for the Website:

The content on the Website or App is provided to the general public for information purposes only and it does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. eViRis Health content is subject to the following rules:

  1. Content is original and is relevant to the general public;
  2. Topics for the Website or App are selected by our board of qualified experts consisting of certified medical experts, pharmacists and medical professionals;
  3. Topics are selected on the basis of current health news, drug alerts, drug updates and new drug launches;
  4. Content or information is maintained with principles of accuracy, integrity, objectivity and responsible, independent reporting;
8. Privacy:

Any information provided by our registered users is private and confidential. We respect our users’ privacy. To know more about our Privacy Policy, visit our Privacy Policy section. We assume that as a responsible user, you agree to abide by our Privacy Policy.

The terms “Personal Information” and “Sensitive Personal Data or Information” are defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

The Privacy Policy sets out:

  1. The type of the information collected from users, including sensitive personal data or information;
  2. The purpose, means and modes of usage of such information; and
  3. How and to whom the Company will disclose such information.

The users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:

  1. The fact that the information is being collected;
  2. The purpose for which the information is being collected;
  3. The intended recipients of the information;
9. Modifications:

This website may at its sole discretion and without assigning any reason whatsoever at any time deactivate or suspend the user’s access to this Website or App or the Services (as the case may be) without notice to carry out system maintenance / upgrading / testing and other related maintenance work. Without prejudice to any other provisions of this Terms and Conditions, this Website or App shall not be liable for any loss or damage or costs or expense that the user may suffer or incur, as a result of such deactivation or suspension.

eViRis Health reserves the right to revise and update these Terms of Use from time to time in our sole discretion without notice and without liability, but its content is not necessarily complete or up-to-date. All changes are effective immediately upon posting the revisions and apply to use and access of the Website or App thereafter. Your continued use of the Website or App after revising our Terms of Use confirms your acceptance of such changes or modifications. It is your responsibility to check this page each time you access this Website or App so as to get aware of modifications, as they are binding on you.

10. Purchase, Payments, Fees and Taxes:

Registration on the Website or App and the access to the information provided on the Website or App is free. Company does not charge any fee for accessing, browsing and ordering through the Website or App.

You may be required to make payments to avail certain services or products through the Website or App. The Terms and Conditions relating to such payments are governed by these Terms and Conditions, the Privacy Policy and the Return and Refund Policyy.

Each User / Service Provider is solely responsible for the payment of all taxes, legal compliances, statutory registrations and reporting. eViRis Health is in no way responsible for any of the taxes except for its own income tax.

eViRis Health reserves the right to modify the fee structure by providing on the Website or App which shall be considered as valid and agreed communication.

Prices and availability of products are subject to change without prior notice or any consequential liability on the Company. It is at the discretion of the Service Provider to modify, extend, update or withdraw the offers on products without prior notice to the users.

User has payment options such as

  1. Credit Card / Debit Card
  2. UPI Transfer
  3. Net banking
  4. Third Party Wallets such as Paytm, Freecharge, Amazon etc.
  5. Cash on Delivery (COD)

During any of the above online transactions, we are neither liable nor responsible in the loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction(s); or
  2. Exceeding the pre-set limit mutually agreed between you and bank(s); or
  3. Any payment issues arising out of the transactions; or
  4. Decline of the transaction for any other reason(s).

You understand, accept and agree that the payment facility provided by eViRis Health is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment, using the existing authorized banking infrastructure and Credit Card payment gateway networks.

We provide link or incorporate SDKs of third-party websites, our online payment service partners, which process your Net Banking/Credit/Debit Card and Third Party Wallet payments. We are not responsible for the availability or proper functioning of such linked pages or sites or SDKs, and we will not be held responsible for any loss or inconvenience encountered as a result of using such links.

11. Delivery:

This Website or App provides its services, subject to the following:

  1. Delivery of prescribed medicines is done against a valid prescription. We can refuse to deliver the order in absence of a valid prescription. We will not be held liable for refusal of orders.
  2. Delivery of prescribed medicines, OTC products, specialty drugs, healthcare devices and other healthcare products and services is currently available in selected cities mentioned over the Website or App.
12. Return and Refund:

All products ordered from the Website or App which are successfully delivered to the users in serviceable areas may be returned to us in accordance with the further terms and conditions as detailed in the Return and Refund Policy. The Return and Refund policy forms an integral part of these Terms and Conditions of Use and thus the users are requested to carefully read the same.

13. Cancellation or Rescheduling of eViRis Health Services:

The Company makes its best efforts to ensure that user is satisfied by the Company’s services and products. However, Company does not give any guarantee or warranty that the services ordered from eViRis Health will be confirmed and delivered. You are expected to understand that these services or products are offered and sold by the Service Providers and that the Company has no control, directly or indirectly, over such third party entities. For any cancellations, please refer to our Return and Refund Policy.

14. Copyrights, Trademarks and other Intellectual Property Rights:

eViRis Health permits you to view the content available on the Website or App solely for visiting, ordering, receiving and communicating only. All the materials in the Website or App including but not limited to text, images, illustrations, logos, graphics, button icons, software code, design, page headers, audio, video, photographs, other visuals and/or other intellectual properties are owned by eViRis Health Pvt. Ltd. (collectively “Content”).

REPRODUCING, COPYING, DUPLICATING, STORING, DISTRIBUTING, TRANSMITTING, OR OTHERWISE MODIFYING WEBSITE MATERIALS IN WHOLE OR IN PART IN ANY FORM OR BY ANY MEANS, INCLUDING BUT NOT LIMITED TO ELECTRONIC, MECHANICAL, PHOTOCOPYING OR RECORDING OR OTHER MEANS FOR YOUR OWN PERSONAL GAIN, COMMERCIAL PURPOSE, WITHOUT EXPLICIT WRITTEN PERMISSION OF EVIRIS HEALTH, IS STRICTLY PROHIBITED.

All other Trademarks, not owned by eViRis Health but appearing on this website, are the property of their respective owners. These trademarks cannot not be used, communicated or distributed in connection with any product or service that does not belong to eViRis Health, in any manner whatsoever, without the specific and written permission of eViRis Health.

You hereby agree and acknowledge that Content is the property of eViRis Health and is protected under copyright, trademark and other applicable law(s). Any breach of the terms as mentioned above may result in a copyright, trademark or other intellectual property right violation that may subject the doer to civil and/or criminal penalties.

15. Website or App Security:

You are prohibited from attempting to breach the security of eViRis Health, including but not limited to:

  1. Use of any device or software to interfere with the working of this Website or App or any activity being conducted on this Website;
  2. Access data that is not intended for you or logging onto server account, or which are not authorised for you to access;
  3. Attempt to scan or test or probe the vulnerability of the system or network or to breach the security without proper authorization;
  4. Interfere with the host or network including but not limited by means of introducing any viruses, Trojan horses, worms, logic bombs or other material to the Website or App or overloading or flooding or spamming or mail bombing or crashing which is malicious or technologically harmful;
  5. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website or App is stored, or any server, computer or database connected to the Website or App.
  6. Sending unsolicited emails including promotional mails and/or advertising products or services without our consent;
  7. Attempt to use any engine, algorithm software, methodology, tool, agent or other automatic device mechanism (including but not limited to browsers, spiders, robots, avatars or intelligent agents) to access the Website or App for any purpose, including monitoring or copying any material on the Website or App.

BREACH OF SYSTEM OR NETWORK SECURITY OR ILLEGITIMATE ACCESS TO ANY PORTION OF THE WEBSITE, ANY OTHER SYSTEM OR NETWORKS CONNECTED TO THE WEBSITE OR TO ANY OF THE SERVICES OFFERED ON OR THROUGH THE WEBSITE, MAY RESULT IN CIVIL OR CRIMINAL LIABILITY.

16. Prohibited Actions:

You may use the Website or App for lawful purposes only and in accordance with these Terms and Conditions. You agree not to use the Website:

  1. In a way that violates Indian law or regulations;
  2. To send, upload, use or re-use any material that does not comply with content standards set out by the Company;
  3. To exploit or harm minors in any manner by exposing them to inappropriate content or by asking for personally identifiable information or otherwise;
  4. To impersonate or attempt to impersonate the Company, Company’s employee, Company’s user or any other person or entity;
  5. The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
17. User Conduct:

You agree, acknowledge and confirm the following that:

  1. You will use the services provided by eViRis Health, its affiliates, consultants and contracted companies for lawful purpose only and comply with all applicable laws and regulations while using and transacting through the Website or App;
  2. You will provide true, authentic, accurate and complete information and will update it when requested. eViRis Health reserves the right to confirm and validate the information and other details provided by you at any point of time. Upon confirmation, if your details are found not to be true (wholly or partly), eViRis Health in its sole discretion has the right to reject the registration and its services without prior intimation;
  3. You understand and agree that eViRis Health provides only information and knowledge and acts as a bridge between users and Service Providers. All the orders are accepted and fulfilled by our licensed pharmacists subject to verification of valid prescriptions. By accepting the Terms and Conditions of Use, you hereby confirm that you are placing the order only by the fulfilment of a valid prescription;
  4. You solely agree to indemnify and hold harmless the Company, its owners, affiliates, joint ventures, independent contractors, subsidiaries, licensors, consultants, agents, representatives, service providers and each of their respective directors, officers, employees, franchisees, successors and assigns from and against any and all claims or demands, actions, liabilities, damage, losses, costs and expenses, including attorney’s fees made by any third party or penalty(s) imposed due to breach or non-performance or any issues arising from your transaction with the Service Providers;
  5. You will not reproduce, duplicate, copy the content of this Website or App for any purpose unless you have been specifically permitted to do so in a separate agreement with us;
  6. You have given consent to keep records of telephone calls received from you and made to you for making enquiries, placing orders or other reasons for the purposes of user administration, research and development, improvement in services, administration of services, etc.

The user shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the user and this Website or App shall not be liable in any manner whatsoever for default of any nature regarding the same, by the user.

18. Communication:

While availing our Services, both the Company and User agree to communicate via electronic medium such as through E-mails, SMS, WhatsApp, Telegram and Phone (Mobile, Landline or any Tele medium). You agree that we provide you all agreements, notices, disclosures and other communication electronically.

19. Geographic Restrictions:

Currently, we provide the services listed on the Website or App only in India. We make no claims that the Website or App or any of its content is accessible or appropriate outside India. Access to the Website or App may not be legal by certain persons or in certain countries.

20. Monitoring and Enforcement; Termination:

eViRis Health at its sole discretion and at its convenience, have the right to:

  1. Take appropriate legal action, including without limitation, referral to cyber law enforcement, for any illegal or unauthorized use of the Website or App;
  2. Discontinue, suspend, modify, restrict or terminate your access to all or part of the Website or App for any or no reason if you violate any of these Terms of Use;
  3. Take any action with respect to any user that we deem necessary or appropriate in our sole discretion, including if we believe that such user violates the Terms of Use, including the content standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or App or the public or could create liability of the Company;
  4. Disclose your identity or other information about you to any other third party who claims that material posted by you violates their rights, including their intellectual property rights or their rights to privacy;

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. You waive and hold harmless the company and its affiliates, licensees and service providers from any claims resulting from any action taken by the company/any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either the company/such parties or law enforcement authorities.

This website may also terminate or block user account, and/or refuse to allow user access to the site and/or services, or cancel orders, in the event, but not limited to if the user attempts to dupe, denigrate, or abuse eViRis Health by using the functionalities on the Website or App. A user, once suspended or blocked may not register or attempt to register with us, or use eViRis Health or any of its services in any manner whatsoever, until we reinstate the account of that user. Also in case of such termination, we reserve the right to recover any amount due and may take strict legal action, including but not limited to: a referral to the appropriate police or other authorities for commencing criminal or other proceedings against the user.

Termination:

The Company, at our sole discretion, can terminate this agreement at any time.

We also have the right to deactivate or terminate the account of the user in the event of any conduct which we consider unacceptable, or if the user is found to violate the above Agreement.

We may at any time, terminate its legal agreement with you if:

  1. You have breached any provisions of this Terms and Conditions;
  2. Our Service Provider has terminated its relationship with the Company which offers Services to you;
  3. We are required to do so by law.

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

21. Copyright Infringement:

If you believe that any user violates your copyright, please send us a notice of such copyright infringement to take appropriate action or decision. It is the policy of the Company to terminate the user accounts of repeat infringers.

22. Reliance on Information Posted on the Website or App:

The information presented on or through the Website or App is made available solely for general information purposes. While we do not warrant the accuracy, completeness or usefulness of this information.

ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or App, including information pertaining to any service provider (such as doctors, hospitals, pharmacies, diagnostic services or others) or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by service providers, other users, bloggers and third-party licensors. All information, statements and/or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, including the content or materials regarding the qualifications of or services provided by any Service Provider.

23. Additional Terms and Conditions:

Additional Terms and Conditions may also apply to the products or services or subscriptions or appointments depending on the Service Provider. You are required to abide by all such additional terms and conditions and the Company shall not remain responsible or liable for the legality or enforcing of such terms and conditions by the third parties, including sellers and service providers.

24. Other Links from the Website or App:

The Website or App, for your convenience may contain sponsored links or banner advertisements to other websites or materials provided by third parties, affiliates and business partners. Company will have no control over the content of those sites or resources, accuracy, validity, reliability, quality and accept no responsibility or liability for them or for any loss or damage that may arise to you by using them. It is your sole responsibility to access any of the third party websites or materials linked to this Website or App at your own risk and subject to their terms and conditions of use.

25. Force Majeure:

You accept and acknowledge that eViRis Health shall not be liable for any loss or damage caused to you as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, civil disturbances, riots, actions or decrees of governmental bodies, communication line failures or any other delay or default or deficiency or failure which arises from causes beyond the control of the Company. In the event of any such force majeure event occurs, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the users of the facts which constitute the force majeure event.

26. Warranties:

The Website or App is provided without any warranties or guarantees. You must bear the risks associated with the use of the Website or App.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED IN “AS IS” AND “AS AVAILABLE” FORM.

Further, eViRis Health, its owners, affiliates, joint ventures, independent contractors, subsidiaries, licensors, consultants, agents, representatives, service providers and each of their respective directors, officers, employees, franchisees, successors and assigns DO NOT REPRESENT OR WARRANT (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) TO YOU THAT:

  1. Your use of Services will meet your requirements;
  2. Your use of Services will be timely, secure, uninterrupted or free from errors;
  3. Any advice or information, whether oral or written, obtained by you as a result of your use of the Services or Website or App will be accurate or reliable;

THIS WEBSITE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

27. Limitation on Liability:

In no event, eViRis Health, its owners, affiliates, joint ventures, independent contractors, subsidiaries, licensors, consultants, agents, representatives, service providers and each of their respective directors, officers, employees, franchisees, successors and assigns be liable for any incidental, special, consequential or damages of any kind, arising out of or in connection with your use, or inability to use, the Website or App, any websites linked to it, any content or any services or items obtained or reserved through the Website or App or such other websites, including any direct, indirect, incidental, consequential, special, punitive or exemplary damage, including but not limited to personal injury, emotional distress, pain, suffering, loss of revenue, loss of business or anticipated profits, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), operator errors, inconvenience or delay in operation or transmission or computer virus, or failure of electronic or mechanical equipment or communication lines (including telephone, cable and internet), breach of contract or otherwise, even if foreseeable event or circumstances outside the reasonable control of eViRis Health, including but not limited to: severe or extraordinary weather conditions (including flood, earthquake or other act of god), fire, war, insurrection, terrorist act, riot, labour dispute, accident, emergency or action of government, strikes, industrial action.

This website or App takes no responsibility or liability whatsoever for shortage or non-fulfilment of the services on this Website of App due to or arising out of technical failure or malfunctioning or otherwise and the user hereby undertakes that in such situations, the user shall not claim any right or damages or relief, etc. against the Company for "Deficiency of service" under The Consumer Protection Act or any other Act/Rules of India.

This website shall not be liable for any disclosure of information relevant to the user's account or particulars nor for any error or omissions or inaccuracy with regard to information so disclosed. In addition, this website shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently.

In case there is any loss of information, caused due to any reason, whether as a result of any disruption of Service, suspension or termination of the Service, this Website or App shall not be liable in any way for the same. Further, this Website or App is not responsible for the accuracy, authenticity, quality or contents of any information available, received or transmitted through this Service.

Also, eViRis Health shall not be responsible or liable in any manner to the Service Providers for any losses, damage, injuries or expenses incurred by other parties as a result of any disclosures made by the Company, where other parties have consented to the making of such disclosures by the Company. The other parties shall not hold eViRis Health responsible or liable in any way for any disclosures by the Company under Regulation 6 of the SPI Rules.

28. Indemnification:

You agree to defend, indemnify and hold harmless eViRis Health, its owners, affiliates, joint ventures, independent contractors, subsidiaries, licensors, consultants, agents, representatives, service providers and each of their respective directors, officers, employees, franchisees, successors and assigns from and against any and all claims, liabilities, damages, judgements, awards, actions, demands, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions, Privacy Policy, Return and Refund Policy, including, but not limited to

  1. your access to or use of the Website or App’s content, services and products;
  2. your violation of these Terms and Conditions or any applicable law(s);
  3. your violation of any rights of any person/entity, including infringement of their intellectual property rights; or
  4. your conduct in connection with the Website or App.
29. Governing Law and Jurisdiction:

All matters relating to the Website or App, these Terms and Conditions of Use, any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of India.

Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website or App shall be instituted exclusively in the courts of Hyderabad, India. You waive any and all objections to the exercise of jurisdiction over you by such courts.

30. Arbitration:

At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website or App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to arbitration in Hyderabad by a sole arbitrator to be appointed by the Company under the Arbitration and Conciliation Act 1996. The arbitrator’s decision shall be reasoned, in English, final and binding on you and the Company.

31. Waiver and Severability:

No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

32. Entire Agreement:

The Terms and Conditions, the Privacy Policy, the Return and Refund Policy and any other terms and conditions that you may be required to agree before or during the use of the Website or App constitute the sole and entire agreement between you and the Company with respect to the Website and App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and App.

33. Your Comments and Concerns:

This Website is operated by eViRis Health Services Private Limited, Level 2, iLabs Center, HiTec City, Hyderabad, Telangana 500081 . All notices, grievance, comments, questions or suggestions or other communication regarding any of our Services, Website or App should be directed to: support@evirishealth.com or via our contact number +91 8010 234 234.

© 2020 eViRis Health Services Pvt. Ltd. All Rights Reserved