HEALTH GALAXY TECHNOLOGIES PRIVATE LIMITED (EZBEAT)

TERMS AND CONDITIONS/ TERMS OF USE

These terms of use (“Terms of Use”/ “Agreement”) constitutes an electronic record for the purposes of Information Technology Act, 2000 and the rules and regulations framed thereunder (as applicable and amended from time to time) and other provisions pertaining to the electronic records in various statutes. This electronic record is created by a computer system and does not require physical or digital signatures. Any new features or services added to our existing offerings in the future will be governed by the terms set forth in this Agreement.

I. INTRODUCTION

1. Health Galaxy Technologies Private Limited, a company duly incorporated under the applicable laws of India, with its registered office at 44, BACKARY PORTION, 2ND FLOOR, REGAL BUILDING, New Delhi G.P.O., New Delhi, New Delhi, Delhi, India, 110001 ("Company" or "we" or "us" or “our”) has created and is owner and operator of the domain https://healthgalaxy.org/ (“Website”), mobile/web application (available on IOS and/or Android platforms) and any subdomains thereof, any software, any API integrations or widgets, and any other website or webpages that include a link hereto (collectively  referred to as "Platform") that aims to help User of the Platform become more aware of their health and navigate them on this journey, in a more social and engaging way (“Services”). The Platform inter alia engages the User through a survey to assess their heart score. Based on the results, it gains valuable insights into the User's health. Additionally, the Platform designs a personalized journey tailored to each User, aimed at maintaining a healthy heart score and reducing the risk of cardiovascular disease.

2. These Terms of Use, together with the Privacy Policy and any other specific terms and conditions related to the services offered on the Platform, which are incorporated by reference, constitute the entire legally binding agreement between you, the user (“you”/ “your”/ “User”) of the Platform and the Company stating the terms that govern your use of the Platform. For the purposes of this Terms of Use, wherever the context so requires 'you' or 'User' shall mean any natural or legal person who have agreed to become a User of the Platform by accessing the Platform in any manner whatsoever.

3. We reserve the right to modify, update, or remove sections of these Terms of Use at any time, without any prior notice. It is your sole responsibility to check them regularly. Continued use of the Platform after any updates indicates your acceptance of the revised terms. Therefore, we recommend reviewing the Terms of Use each time you access the Platform and/or utilize our services. By accessing or using the Platform, you acknowledge that you are bound by these Terms of Use and related policies. If you do not agree with the terms contained in this Agreement, you are not permitted to use this Platform. Company will not be liable for any consequences arising from your unauthorized use.

II. ELIGIBILITY TO ACCESS

1. Any natural person who are considered "incompetent to contract" under the Indian Contract Act, 1872, including undischarged insolvents, are not eligible to use the Platform. We reserve the right to suspend or terminate your membership and deny access to the Platform, at our sole discretion. The Platform will not be available to Users whose membership has been suspended or terminated for any reason. From time to time, we may, at our sole discretion, restrict access to some parts of our Platform, or our entire Platform, to Users who have registered with us.

2. In order to access the Services, you will need to register on the Platform to create an account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Platform. Users may continue to access certain features of the Platform while outside India, with some limitations including where certain functionalities of the Platform may not be accessible/available outside India. For example, while specific services (such as diagnostic testing) may not be available outside India, the Platform will continue to track and record activity data (e.g., from devices like smart watch). Additionally, certain services, such as consultations with professionals, may still be available to Users outside India, provided the Platform was initially downloaded from the appropriate app store in India. Please note that availability and functionality of certain features may vary depending on the User's location and the then current version of the Platform. We make no claim that the services offered on the Platform are available outside India. Users accessing the Platform from outside India are responsible for ensuring compliance with any applicable local laws. 

3. We grant you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without Company’s explicit authorisation (in writing) in this regard; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

4. By using the Services and accessing the Platform, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws; and (e) you may use the Platform or such other Services provided through the Platform only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Platform. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy

5. You must provide your full legal name, valid email address, gender, date of birth, medical parameters and lifestyle parameters requested by the Company, and any other information/details requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. You agree and acknowledges that the services provided by Company on the Platform are dependent on and rely on the details and information provided by you. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other related and ancillary purposes and by using the Platform you expressly consent to such sharing of the information provided by you. The Company (including its subsidiaries and affiliates) may contact you via SMS, email, phone, social media, or other communication channels to share information about our offerings, important updates, and customer support. By registering, you grant us permission to contact you through these methods and acknowledge that we are not liable if your mobile number is registered with a Do Not Call (DNC) database. You also consent to sharing your contact details with our employees, associates, subsidiaries, affiliates, and partners for promotional purposes.

6. By logging into the Platform using your social media accounts, such as Apple ID, Gmail, or other third-party services, you agree that your social media account will serve as your primary method of identification. In such cases, your user identification code will be linked to your social media account, and the Platform may access necessary profile information from the respective service to facilitate the login process. You acknowledge and consent that the details provided through these third-party services may be used to create or update your account on the Platform. You agree and acknowledge that You will continue to be bound by terms and conditions, policies of such social media platforms/service. 

7. Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. For security reasons, you are advised to log out of your account at the end of each session to protect your personal and Platform-related data. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify Company of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: info@healthgalaxy.org.

8. You are responsible for making all arrangements necessary for you to have access to our Platform and thereby the Services. The Services are personal to User and cannot be transferred. If we reasonably suspect that an account or password is being misused, we reserve the right to cancel access to the Platform immediately and block the associated IP address without notice. You are also solely responsible and liable to Company for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.

III. ACCOUNT CREATION

1. Completion of registration on Platform: (a) allows you to access and post content (for instance medical reports, etc.) on the Platform; (b) allows us to contact you, if necessary; (c) allows you to make use of the Services, subject to the terms of this Agreement; (d) does not allow you to use email addresses displayed on the Platform for any purpose other than that specifically authorized by Company. 

2. By providing your email address/ phone number you consent to: (a) Company using the same to send you Service related notices; (b) Company contacting you from time to time in order to provide you updates and advice relating of your progress on the Platform, and relating to any new promotions and sales opportunities on the Platform; (c) Company sending you messages for special features and offers.

3. To use the Services which are behind a paywall, You must provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method. We may offer a number of subscription plans, including subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. 

IV. GENERAL TERMS OF USE

Users hereby agree to comply with these General Terms of Use:

1. Authorized Use: Users are permitted to use the Platform only for lawful purposes and in accordance with Company’s policies. Any violation of these policies may result in strict legal action as per the terms of the policies and applicable laws.

2. Pricing and Availability: Company aims to offer the best possible prices on services available on the Platform. However, prices and availability are subject to change without notice and Company will not be held liable for any consequences resulting from such changes.

3. Promotions and Limited Stock: Prices and offers displayed during promotional periods are applicable only for limited stock in selected categories and for specific days. These promotions are subject to availability.

4. Modification of Offers: Company reserves the right, at its sole discretion, to modify, extend, update, or withdraw any offers on services without prior notice. Any changes will be reflected on the Platform accordingly.

5. Bank Cashback Offers: In the case of cashback offers provided by banks during promotions, users will also be governed by the terms and conditions set by the respective bank or card issuer, in addition to these Terms of Use.

6. Price Changes: Company reserves the right to modify the price of any service at any time without prior notice.

7. Service Request Cancellations by Company: Company may, at its sole discretion, refuse or cancel any request for services for any reason, without providing a justification. Users accept and agree that such cancellations are not subject to dispute. Reasons for cancellation may include, but are not limited to, service unavailability, discrepancies in pricing, or issues identified by Company.

8. Verification Before Service Acceptance: Company may request additional verification or information before accepting a service request. Users will be contacted if their service is partially or fully cancelled or if further information is required.

9. Refunds on Cancellations: You can cancel your membership at any time, and you will continue to have access to the Services through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Services. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for Platform using your account with a third party as a Payment Method and wish to cancel your membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Platform service through that third party..

V. INTELLECTUAL PROPERTY RIGHTS

1. We, along with our suppliers and licensors, retain exclusive ownership of all intellectual property rights associated with the text, programs, processes, technology, content, and other materials featured on this Platform.

2. Access to this Platform does not grant, nor should it be construed as granting, any license or right to use our intellectual property or that of any third party. All rights, including copyright, in the Platform’s content are either owned by or licensed to us. You are prohibited from modifying, distributing, or reposting any content from this Platform for any purpose.

3. The names, logos, and all related service names, design marks, and slogans are trademarks or service marks of Company or licensed to Company. All other trademarks are the property of their respective owners, and you may not use or exploit these marks in any manner. No license to use any trademark or service mark is granted to you in connection with the materials on this Platform.

4. Access to this Platform does not authorize you to use any names, logos, or marks that appear here in any way. References to third-party names, marks, or services, including hypertext links to third-party platforms, are provided solely for convenience and do not imply endorsement, sponsorship, or recommendation by us.

5. All materials on this Platform, including images, text, illustrations, designs, icons, photographs, programs, music clips, video clips, and other content (collectively referred to as "Content"), are intended for personal, non-commercial use only. No right, title, or interest in any downloaded materials or software is transferred to you through downloading or copying. You may not reproduce (except where explicitly permitted), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit, in any manner, any part of the Content, the Platform, or related software.

6. The compilation of all Content on this Platform—the collection, arrangement, and assembly—is the exclusive property of Company and is protected by Indian and international copyright laws. The Content and software on this Platform are intended solely as a shopping resource. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the Content, is strictly prohibited.

VI. OWNERSHIP OF RIGHTS

1. Any use of this Platform or its content—whether copying, sharing, storing, or reproducing it, in whole or in part—other than for your personal, non-commercial use, is strictly prohibited without the express written consent of Company. All information displayed, transmitted, or made available on the Platform is protected by copyright and other intellectual property laws. Some content on the Platform may be owned by third parties and is also subject to applicable intellectual property protections.

2. This site is designed, updated, and maintained by Company or its licensors. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, repost, perform, display, or commercially exploit any content available on the Platform in any manner.

VII. CONDUCT OF THE USER

1. By using the Platform, the User agrees not to:

a. Disclose Confidential Information: Reveal or disclose any confidential or proprietary information of other users, the Company/Platform, or any third party that they may receive or come into possession of. Introduce Harmful Software: Upload or introduce any computer viruses, contaminant, software, code, file, or program designed to interrupt, destroy, or limit the functionality of the Platform. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our site. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.

b. Infringe Intellectual Property Rights: Introduce any program that may infringe upon the patent, trademark, copyright or other proprietary rights of other users, the Company/Platform, or any third party;

c. Illegal Reproduction: Download, copy, or reproduce any content on the Platform that the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed.

d. Deface or Vandalize: Deface, vandalize, or otherwise interfere with the Platform to prevent or restrict other users from accessing it.

e. Harassment: Stalk, threaten, harass, or infringe upon the privacy rights of any other user, or attempt to do so.

f. Infringe on Rights: Infringe any patent, trademark, copyright, or other proprietary rights, or violate any third party’s trade secrets, rights of publicity, or privacy.

g. Impersonation: Impersonate any person or entity or misrepresent your affiliation with any person or entity in any way.

h. Engage in Illegal Transactions: Offer, attempt to offer, trade, or attempt to trade any item that is prohibited or restricted under applicable laws.

i. Create Liability for the Platform: Engage in actions that could create liability for the Company/Platform or cause the Platform to lose the services of its internet service providers or other suppliers.

2. Additionally, the User agrees not to:

a. Use Automated Tools: Use any "deep-link," "page-scrape," "robot," "spider," or similar automated devices or manual processes to access, copy, monitor, or exploit any part of the Platform or services, or evade the navigational structure or performance of the Platform.

b. Attempt Unauthorized Access: (x) Attempt to gain unauthorized access to any portion of the Platform, including services or any systems or networks connected to the Platform, through hacking, password mining, or other illegitimate means; (y) circumvent any technological measure implemented in relation to Platform; and/or (z) accessing Platform through the use of any mechanism other than as authorized by Company.

c. Test Vulnerabilities: Probe, scan, or test the vulnerability of the Platform or any network connected to it or attempt to breach any security or authentication measures.

d. Trace or Seek Personal Information: Reverse look-up, trace, or attempt to identify any information related to other users, including non-public information, without proper authorization.

e. Defamation: Make any defamatory, negative, or derogatory statements about the Platform, the Company, or any third party associated with the Platform, including business partners or other users.

f. Engage in Unlawful Activities: Use the Platform or any of its content for any unlawful purpose or solicit illegal activities or activities that infringe the rights of the Company/Platform, its users, or third parties and in any activity that threatens the unity, integrity, defence, security, or sovereignty of India, harms friendly relations with foreign nations, disrupts public order, incites the commission of any cognizable offence, obstructs the investigation of any offence, or insults any other country.

g. Fail to Comply with Laws: Ensure full compliance with the Information Technology Act, 2000, and applicable rules, regulations, and laws, including international laws, statutes, ordinances, and regulations while using the services or 

h. Solicit Users: Solicit any other users of the Platform or third parties to independently avail services displayed or sold on the Platform, except through the Company/Platform.

3. By using the Platform, the User acknowledges and agrees to comply with these provisions to ensure a safe, lawful, and productive environment for all users.

VIII. PAYMENT TERMS

1. The User agrees that all transactions entered into between the User and the Company for the services availed placed shall be processed through the Payment Facilitators (as defined below) provided on the Platform. The Platform shall not be held liable for any errors or defaults related to such transactions.

2. To make payments for any transaction on the Platform, the User may use various Payment Methods, including Credit/Debit Cards, Net Banking, or any other options made available by the Platform. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. You shall be responsible for all charges incurred in connection with the use of the Platform in connection with all such equipment and ancillary services.

3. Please note that payments for services under these Terms may be processed by third-party payment processors, online bank transfer facilities, credit cards, or mobile and internet-based payment platforms, as well as authorized payment gateway networks recognized by the Reserve Bank of India (“Payment Facilitators”). In this regard, it is clarified that the services of these Payment Facilitators are used solely for processing payments related to the services under these Terms. The use of such services shall not make the Platform liable for any loss or damage arising directly or indirectly to the User, including but not limited to:

1. Lack of authorization for any transaction(s);

2. Exceeding the pre-set limit mutually agreed between the User and their bank;

3. Any issues related to payments arising from the transaction;

4. Decline of a transaction for any reason;

5. Any other reason related to the payment process.

4. While the Platform regularly verifies the prices displayed, the Company cannot guarantee the absence of errors. If a Service is listed at an incorrect price or with incorrect information due to a technical error, the Company reserves the right, at its sole discretion, to refuse or cancel any orders placed for that Service, unless the Service has already been delivered. Additionally, we may, at our sole discretion, suspend or terminate the service if a computer virus, bug, or any other technical issue compromises the security or proper functioning of the service.

IX. INDEMNIFICATION

1. The User agrees to indemnify, defend and hold harmless Company, its affiliates and their respective officers, directors, lawful successors and assigns (together “Indemnified Persons”) from and against any and all losses, damages, costs, liabilities, claims, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such Indemnified Persons, that arise out of, result from, or may be payable by virtue of, any breach or an alleged breach of any representation or warranty provided by the User, or non-performance of any obligation or covenant by the User.

2. The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and Company cannot be held responsible for the same.

3. IN NO EVENT WILL THE COMPANY ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, LAWFUL SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT OR BUSINESS), HOWSOEVER ARISING, WHETHER UNDER CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF THE SAME.

X. TERMINATION

1. You agree that the Company, at its sole discretion, may terminate your access to and use of the Platform at any time and for any reason, including but not limited to a breach of these Terms. This may also include removing any non-compliant content or taking other appropriate actions. You acknowledge that such termination may occur without prior notice, and the Company will not be liable to you for any resulting termination. Your right to access and use the Platform immediately ceases upon termination of your access.

2. These Terms of Use shall remain in effect until terminated by either party. If you wish to terminate these Terms, you may do so by either: (a) discontinuing access to the Platform, or (b) deleting your Account. The Company reserves the right to terminate these Terms of Use at any time, with or without notice, under the following circumstances:

1. A breach of any applicable law or violation of these Terms of Use, Privacy Policy, or any other relevant policies or terms;

2. The Platform is unable to verify or authenticate the information you have provided;

3. Company believes, at its sole discretion, that your actions may result in legal liability for the Company or are contrary to the interests of the Platform;

4. If required by law;

5. If you fail to provide (or later revoke) the consents necessary for the Company to deliver the services to you.

3. You may terminate this legal relationship at any time by deleting your user profile and thus disabling access to the Platform. However, termination will not affect any rights or remedies that have accrued up to the point of termination.

XI. DISCLAIMER OF WARRANTIES

1. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and user content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

2. Company disclaims any and all liability for any act of any third-party including any Users. YOU WILL USE THE PLATFORM AT YOUR SOLE RISK. ANY SERVICE PROVIDED BY COMPANY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

3. COMPANY AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICES OFFERED BY COMPANY WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.

4. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NOTHING WITHIN THE SERVICES PROVIDED BY THE COMPANY IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS. THE USER IS SOLELY RESPONSIBLE FOR EVALUATING AND ASSESSING HIS OWN HEALTH, INCLUDING ANY NEED TO SEEK APPROPRIATE GUIDANCE FROM A HEALTH CARE PROVIDER

5. THE COMPANY DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ANY MEDICAL GUIDANCE, RECOMMENDATIONS, OR ASSISTANCE PROVIDED BY MEDICAL PROFESSIONALS THROUGH THE PLATFORM IS SOLELY THE RESPONSIBILITY OF THE INDIVIDUAL PROFESSIONALS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY MEDICAL ADVICE OR SERVICES PROVIDED. USERS SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER FOR ANY MEDICAL CONCERNS OR CONDITIONS. THE COMPANY SHALL NOT BE LIABLE FOR ANY CONSEQUENCES RESULTING FROM THE USE OF OR RELIANCE ON ANY MEDICAL ADVICE OR SERVICES PROVIDED THROUGH THE PLATFORM.

6. Unless explicitly committed by Company:

1. Company assumes no liability for any advertisements and/or posts put up by third-parties including the Users. 

2. Company provides no guarantee with regard to the success of, the quality or fitness, accuracy as reflected on the Platform.

3. Company does not warrant that the platform will be compatible with your mobile device.

7. The User acknowledges and agrees that the Platform is provided by the Company on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, either express or implied, regarding the operation of the Platform or the accuracy, completeness, or reliability of any information, content, or services provided on the Platform. You expressly agree that your use of the Platform is at your own risk. The Company reserves the right to withdraw, modify, or delete any content, information, or services on the Platform at any time, at its sole discretion.

8. To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied. The Company does not guarantee that the Platform, its servers, or any communication sent from the Platform (including emails) are free of viruses, malware, or other harmful components. The Company shall not be held liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, or consequential damages arising from your use of the Platform and/or its services.

9. You agree that your use of the Platform is at your sole risk. To the maximum extent allowed by applicable law, the Company, its officers, directors, employees, affiliates, and agents disclaim all express or implied warranties concerning the Platform. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Platform to any third party or use the Platform to provide time sharing or similar services for any third party; (iii) make any copies of the Platform; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform, features that prevent or restrict use or copying of any content accessible through the Platform, or features that enforce limitations on use of the Platform; or (v) delete the copyright and other proprietary rights notices on the Platform. You acknowledge that Company may from time to time issue upgraded versions of the Platform, and may automatically electronically upgrade the version of the Platform that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement. 

10. If you have any existing health conditions, it is strongly recommended that you seek prior medical advice from a qualified healthcare professional before using any Services available on the Platform. The Company/Platform disclaims any liability in the event that the User fails to seek such medical advice. You further agree and acknowledge that Company shall not be responsible for any deficiency, inaccuracy or unavailability of any service on the Platform arising on account of any incompleteness, inaccuracy or delay in information provided by You.

11. To the extent permitted by applicable law, the Company disclaims any responsibility for harm to individuals resulting from the use of instructions or advice provided on the Platform. We do not warrant that the Platform, its services, or content will meet your specific requirements.

12. While the Platform makes its best efforts to ensure the services are secure and error-free, neither the Company nor its affiliates, licensors, or partners make any guarantees that the Platform’s services will meet your expectations or needs. The quality of the services, information, or other content you obtain through the Platform may not always align with your expectations.

13. The Company has made reasonable efforts to ensure the accuracy of the information published or content uploaded on the Platform at the time of posting. However, there may be errors, omissions, or inaccuracies in such information, for which the Company shall not be held liable. We reserve the right to modify or remove any content on the Platform at our sole discretion and do not guarantee the adequacy, currency, or completeness of the content available on the Platform.

XII. OFFENCES

By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any Platform linked to it.

XIII. GOVERNING LAWS AND JURISDICTION 

This Terms of Use shall be governed under the laws of India. The courts and tribunals of New Delhi, India have exclusive jurisdiction to settle any dispute arising out of or in connection with this Terms of Use (including any disputes regarding the existence, validity or termination of this Privacy Policy).

XIV. COMPLAINT REDRESSAL/ CONTACT SUPPORT

Please contact us at info@healthgalaxy.org if you have any questions, concerns, or grievances, our team will be glad in assisting you. 

XV. GRIEVANCE OFFICER

The Company is committed to addressing any concerns raised by User(s). If a User feels their issue has not been adequately resolved, they may contact our grievance officer, who will make every effort to address the concern. User(s) should escalate their concern to the grievance officer only after they have raised their complaint as per XII (Complaint Redressal) above and is dissatisfied with the resolution or if their issue remains unresolved after 30 days from the date of complaint registration.

In compliance of the Information Technology Act, 2000 and rules made thereunder the name and contact details of the Grievance Officer are herein as under:

Name

Dhruv Bathla

Address:

44, Backary Portion, 2nd Floor, Regal Building, New Delhi G.P.O., New Delhi, India, 110001

Telephone:

+91 9266485959 

Email:

info@healthgalaxy.org 

XVI. MISCELLANEOUS

1. COMPLIANCE WITH LAW: All Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999, Information and Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 2010, Income Tax Act, 1961) as applicable to them respectively while using the Platform and for the Purpose. 

2. SEVERABILITY: If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of this Agreement shall continue to be in full force and effect.

3. CONFIDENTIALITY: Any information which is specifically mentioned by Company as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.

4. FEEDBACK FROM CUSTOMER: Company would like to know the feedback of the Users for improving its services. Such feedback may be shared by Users with Company via the email address provided below. The User hereby authorizes Company to contact the User for their feedback on various services offered by Company. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to Company for specific exclusion at info@healthgalaxy.org.

5. PRIVACY POLICY: User shall also refer to Company’s Privacy Policy available at https://healthgalaxy.org/ which governs use of the Platform. By using the Platform, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by Company and its affiliates in accordance with the terms of the Privacy Policy.