TERMS OF USE

Welcome to (Modasta) (hereinafter referred to as the “Website/Application”). The Website/Application is owned and operated by Modasta (a Tasman Drive Software Private Ltd venture) (the “Company” / “Us” / “We”/ “Our”), a company incorporated under the laws of India having its registered office at – 6th floor, Delta Block, Sigma Tech Park, Whitefield, Bangalore -560066. These Terms of Use (“ ToU”) constitutes a legal and binding agreement between the user (“User/s” / “You” / “Your”) and the Company. The ToU govern Your use of the Website/Application, including but not limited to, all materials, videos, literature, journals, articles, research papers, services, files, upgrades, software and any embedded software (collectively “Materials”) with respect to the Website/Application [Modasta]

By clicking on the “I Agree” button below and/or by installing or otherwise using the Website/Application, You agree to be bound by these ToU.

A. INTRODUCTION
The Website/Application has been launched with the purpose of providing a platform with enables the Users to make online appointments with doctors and also provide health related information in the form of articles, videos & audios.
We have the right to modify, upgrade or make any such changes to the Website/Application as We deem fit. Further, We reserve the right to change the ToU from time to time and Your continued usage of the Website/Application shall be deemed to be Your acceptance of the ToU. We recommend that, You keep yourself updated with the ToU. We are not responsible for informing You of any amendments to these ToU.

B. LICENSE
Subject to this ToU, the Company hereby grants You a limited, non-exclusive and non-transferable right to use the Website/Application.
You acknowledge that any unauthorized use of the Website/Application or any Materials or information available on the Website/Application may violate patent, copyright, trademark, and other applicable laws. You accept that any use of the Website/Application and the Materials shall be a limited use without any transfer of title or right to modification among other restrictions. You shall not, for any reason whatsoever, reverse engineer, decompile, make derivative works of the Website/Application of the Materials, remove any confidentiality, privacy, trademark or other proprietary notices from the Website/Application or the Materials, transfer the Materials etc. You agree to prevent any unauthorized copying of the Materials or information that you become aware of.

C. OWNERSHIP OF WEBSITE/APPLICATION AND MATERIALS
All intellectual property rights in the Website/Application and Materials including but not limited to copyrights, trademarks, trade secrets, designs and patents are the property of the Company unless indicated otherwise. All rights in the intellectual property in the Website/Application, the Materials and/or any related documents of the Website/Application are owned and shall remain owned by the Company.
You understand that any unauthorized copying, displaying, selling or distributing or other use of any Materials or the Website/Application is a violation of the law.
We claim no ownership over the content displayed by You in course of using the Website/Application, and disclaim all liability in this regard. You acknowledge that you take complete responsibility of all content posted by You using the Website/Application.

D.REGISTRATION
In order to use the Website/Application, You will have to register yourself by providing certain information to enable the Company to ensure that You are eligible to use the Website/Application, as per these ToU. You agree to comply with and accept all the terms pertaining to the registration and use of the Website/Application as stated in these ToU and the Privacy Policy (“PP”)
By using the Website/Application and completing the registration process 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 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these ToU, and to abide by and comply with these ToU; (d) you are eligible in accordance with the applicable laws to enter into a binding contract and is not a person barred from receiving the services provided on the Website/Application under the laws as applicable and (e) you may use the Website/Application only in compliance with these ToU and all applicable laws, rules and regulations. Your profile may be deleted by us without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under these ToU.

E. TERMINATION
Your use of the Website/Application shall be terminated in the event that You violate any of the conditions under these ToU or the PP, or any conditions as may be informed by Us. In the event of termination of Your account, You shall immediately destroy all the Materials and any information with respect to the Website/Application, that is in Your possession. In the event that You no longer wish to use the Website/Application, You may submit a request by emailing Us at privacy@modasta.com to terminate Your membership. Upon termination of Your membership, We shall delete Your account and all the information that You have posted, as appropriate and if necessary.

You acknowledge that any violation by You could result in civil or criminal liability under applicable laws and may cause irreparable harm to the Website/Application/Company where monetary damages may be an inadequate remedy to rectify such harm.

F. INFORMATION AND DATA
Company shall not be responsible for any content or information that is provided or shared by You or other Users on the Website/Application. The Website/Application gives You the opportunity to share information on the platform with other Users. If any claim is made against Us for Your actions, content or information, You will indemnify and hold Us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

You understand that, although We provide the terms and conditions for the use of the Website/Application, We do not control or direct Users’ actions on the Website/Application and are not responsible for the content or information Users transmit or share on the Website/Application.

Your further understand that, We are not responsible for any online consultation/tele-consultation that is obtained by You. We do not claim any responsibility with respect to the opinions, diagnosis, consultations, line of treatment or breach of confidentiality by the doctors.

We cannot and do not assume any responsibility for Your use or misuse of any patient information or other information transmitted, monitored, stored or received while using the Website/Application or the Materials.

G. USE OF THE WEBSITE/APPLICATION
No User shall be permitted to perform any of the following prohibited activities:

a) Making available any content/information that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

b)Stalking, intimidating and/or harassing another User and/or inciting others to commit violence;

c)Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

d)Interfering with any other person’s use or enjoyment of the Website/Application;

e)Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else ;

f)Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;

g)Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

h)Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website/Application;

i)Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website/Application, interests or rights of other Users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;

j)Access or use the Website/Application in any manner that could damage, disable, overburden or impair any of the networks connected to any of the servers on which the Website/Application is hosted;

k)Intentionally or unintentionally interfere with or disrupt the Website/Application or violate any applicable laws related to the access to or use of the Website/Application, violate any requirements, procedures, policies or regulations of networks connected to the Website/Application, or engage in any activity prohibited by these TOU;

l)Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, Materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/Application;

m)Interfere with, or inhibit any user from using and enjoying access to the Website/Application;

n)Alter or modify any part of the Website/Application;

0)Use the Website/Application for purposes that are not permitted by: (i) these TOU; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or

p)Violate any of the terms specified under the ToU for the use of the Website/Application.
Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your account.
You acknowledge and agree that by accessing or using the Website/Application, You agree to indemnify and hold Company, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website/Application or any loss/damage that is caused to the Website/Application as a result of Your committing any of the aforesaid prohibited activities.

q) Modasta shall also provide the Personal Information received from the Users to diagnostic centres who process the Packages subscribed to, by the Users

r) Modasta makes all Lab test related User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations

H. LIMITATION OF LIABILITY
In no event will We, our officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, Your use of, or access to, the Website/Application.

I. GOVERNING LAW AND JURISDICTION

The Website/Application, the ToU, and the relationship between You and Us with respect to the use of the Website/Application shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

You agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website/Application or the ToU shall be subject to the exclusive jurisdiction of the competent courts located in [Bangalore, India] and You hereby accede to and accept the jurisdiction of such courts.

J. GENERAL PROVISIONS

Notice: All notices shall be provided via email to Your account or as a general notification on the Website/Application. Any notice to Us should be sent to privacy@modasta.com.

Assignment: You cannot assign or otherwise transfer the ToU or the PP, or any right granted hereunder to any third party. Company’s rights under the ToU or the PP are freely transferable by Company to any third parties without the requirement of seeking Your consent.

Entire Agreement: The ToU, along with any other guidelines made applicable by the Website/Application from time to time, constitute the entire agreement between Us and You, with respect to Your access to or use of the Website/Application.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of these ToU, or portion thereof, is unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the ToU shall continue in full force and effect.
Waiver: Any failure by Us to enforce or exercise any provision of the ToU, or any related right, shall not constitute a waiver by Us of that provision or right.

Relationship: You acknowledge that Your participation on the Website/Application, does not make You an employee or agency or partnership or joint venture or franchise of Ours.

Company provides these ToU on the Website/Application so that You are aware of the terms that apply to Your use of the Website/Application. You acknowledge that the Company has given You a reasonable opportunity to review these ToU and that You have agreed to them.

K. DISCLAIMER

You agree that Your use of the Website/Application shall be at Your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website/Application is provided on an “as is” and “as available” basis for Your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Company, its officers, directors, employees, and agents, do not warrant that that the information and/or facilities provided on the Website/Application or made available by other Users or doctors who are participate on the Website/Application are accurate, complete or current or error free in any manner.
No advice or information, whether oral or written, obtained by You from the Website/Application or through or from use of the Website/Application shall create any warranty not expressly stated in the ToU. You understand that the use of the Website/Application does not constitute any patient-doctor relationship between you and the doctor participating on the Website/Application. The Website/Application is not intended to be a substitute for professional medical advice, treatment or diagnosis. We strongly discourage any delay in seeking advice from your physician on account of something that you may have heard/viewed on this Website/Application. Reliance on any information/online consultation obtained through this Website/Application is solely at your own risk. In case of any medical emergency, kindly contact your nearest doctor/hospital or any related helpline.
We do not recommend or endorse any specific doctors, tests, products, procedures, opinions, or other information that may be mentioned on the Website/Application. Reliance on any information provided by on the Website/Application is solely at your own risk.
You further understand that the Company will not be liable for any loss that You may incur as a result of someone else using Your password or account in connection with the Website/Application, either with or without Your knowledge or any loss incurred as a result of Your unauthorized use of the Website/Application. In the event of deletion of Your account, due to a default on Your part, Company shall not be held liable for any loss of Your information as a result of such deletion.

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