Terms and Conditions

Terms Of Use

PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. BY USING THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

These Terms & Conditions (the “Agreement“) governs your use of this platform, https://omnivatelehealth.com (the “Platform“), and Knovator Technologies Private Limited (“the Company”) offer of services on this Platform.

This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. The Company reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Platform. The Company will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Platform. Your use of the Platform following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. The Company encourages you to review this Agreement whenever you visit the Platform to make sure that you understand the terms and conditions governing use of the Platform. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Platform. If you would like to print this Agreement, please click the print button on your browser toolbar.

Services

  1. Terms of Offer: This Platform offers for certain services (the “Services“). By placing a request for a service through this Platform, you agree to the terms set forth in this Agreement.
  2. Customer Solicitation: Unless you notify our third party call center reps or direct the Company sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations the Company and its designated in house or third party call team(s).
  3. Opt-Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
    1. You may use the “opt-out” link found in any email solicitation that you may receive.
    2. You may also choose to opt out, via sending your email address to: [email protected]
  4. You may send a written removal request to the Registered Address of the Company: Ground floor, plot no b/45-46, Ram Krushna Co-Op Society, NR Ram Krushna school, I.H. Road, Surat Gujarat 395006, India.
    1. Proprietary Rights: The Company has proprietary rights and trade secrets in the Services they provide. You may not copy, reproduce, resell or redistribute any Product or Service and/or distributed by the Company. The Company also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
    2. Tax: If you purchase any Service, you will be responsible for paying any applicable tax on the said service.

Platform

  1. Content, intellectual property, third-party links: In addition to making Services available, this Platform also offers information and marketing materials. This Platform also offers information, both directly and through indirect links to third-party platforms, for e- commerce and transactions between buyers and sellers. The Company does not always create the information offered on this Platform; instead the information is often gathered from other sources. To the extent that the Company does create the content on this Platform, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Platform is for personal, noncommercial use. Any links to third-party platforms are provided solely as a convenience to you. The Company does not endorse the contents on any such third-party platforms. The Company is not responsible for the content of or any damage that may result from your access to or reliance on these third-party platforms. If you link to third-party platforms, you do so at your own risk.
  2. Use of Platform: The Company is not responsible for any damages resulting from use of this platform by anyone. You will not use the Platform for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Platform (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Platform by other users, (3) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (4) not defame, harass, abuse, or disrupt other users of the Platform.
  3. License:. By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in connection with your normal, noncommercial, use of the Platform. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if third party content is at issue).
  4. Posting: By posting, storing, or transmitting any content on the Platform, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. The Company does not have the ability to control the nature of the user-generated content offered through the Platform. You are solely responsible for your interactions with other users of the Platform and any content you post. The Company is not liable for any damage or harm resulting from any posts by or interactions between users. The Company reserves the right, but has no obligation, to monitor interactions between and among users of the Platform and to remove any content the Company deems objectionable, in the Company’s sole discretion.

Disclaimer Of Warranties

YOUR USE OF THIS PLATFORM AND/OR SERVICES ARE AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR PLATFORM CONTENT, OR ANY RELIANCE UPON OR USE OF THE PLATFORM CONTENT OR SERVICES. (“SERVICES” INCLUDE TRIAL SERVICES.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS PLATFORM IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY PLATFORMS ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THAT DEFICIENCY IN SERVICES WILL BE CORRECTED. 

REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH THE PLATFORM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Payments

  1. By using this Platform, user agrees that the applicable fees shall be levied for the service availed from time to time by the Company. The fees shall depend on the subscription model the user has opted for. The Company reserves the right to update the amount of the subscription fees as per its discretion.
  2. By using this Platform, user agrees that the applicable fees once paid by user shall be non-cancelable and nonrefundable in nature.
  3. By using this Platform, user agrees that the liability shall be vested on the user to pay any additional taxes, government charges, processing fees or any other amount over and above the subscription fees to avail the services to the appropriate body.
  4. By using this Platform, user agrees that the subscription term shall only begin once the payment is done by the user and their order has been accepted by the platform.
  5. By using this Platform, user agrees that, once the subscription has begun then the account shall be on an auto debt mode for the said subscription fees unless the settings have been changed by the user or the company.
  6. By using this Platform, the user agrees that, if there is any undisputed overdue to be cleared then a monthly penalty of 100 USD shall be raised to the user over and above the dues.
  7. In case of termination of the services, the convenience fees to use the platform shall not be refundable.
  8.  It is agreed by the user that the company holds the power and discretion to terminate the services or the subscription of the user at any time they deem fit.

Limitation Of Liability

THE COMPANY ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE VIA THE PLATFORM.

THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE PLATFORM CONTENT OR SERVICES; (2) THE COST OF PROCURING ALTERNATIVE SERVICE OR CONTENT; (3) ANY SERVICES RECEIVED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Platform content or your use of the Platform content; (3) the Services; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of this Agreement. The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Platform content or Services, with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Platform or Services.

Privacy

The Company believes strongly in protecting user privacy and providing you with notice of Company’s use of data. Please refer to the Company privacy policy, incorporated by reference herein, which is posted on the Platform.

Agreement To Be Bound

By using this Platform or receiving Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Platform. 

General

  1. Force Majeure: The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
  2. Cessation of Operation: The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform and provision of Services.
  3. Entire Agreement: This Agreement comprises the entire agreement between you and the Company with respect to the use of the platform and supersedes any prior agreements pertaining to the subject matter contained herein.
  4. Effect of Waiver: The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  5. Governing Law and Jurisdiction: This Platform originates from the Surat, Gujarat. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor the Company will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Surat, Gujarat. By using this Platform or Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
  6. Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
  7. Termination: The Company reserves the right to terminate your access to the Platform if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Platform and the Company may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Platform is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Platform. This Agreement will survive indefinitely unless and until the Company chooses, in its sole discretion and without advance to you, to terminate it.
  8. Domestic Use: The Company makes no representation that the Platform or Services are appropriate or available for use in locations outside India. Users who access the Platform from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
  9. Assignment: You may not assign your rights and obligations under this Agreement to anyone. The Company may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
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