HDU Healthcare Pvt. Ltd.

HDU HEALTHCARE

SPECIALIZED PATIENT CARE DELIVERED WITH
PARAMOUNT QUALITY AT HOME

Leading Homecare Service Provider in India

Use of the Platform or Services

 

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the HDU HEALTHCARE PVT. LTD. website located at https://www.hduhealthcare.com, and all associated sites linked to https://www.hduhealthcare.com, or any similar platform (hereinafter collectively, the HDU HEALTHCARE PVT. LTD. Platform, having its registered office at E Block, 2nd Floor, International Trade Tower, NEHRU PLACE, NEW DELHI- 110019 on any device and/or before availing any services offered by HDU HEALTHCARE PVT. LTD. on the HDU HEALTHCARE PVT. LTD. (hereinafter individually, and collectively, the HDU HEALTHCARE PVT. LTD. Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Our Services.

 

Acceptance

 

By registering on, accessing, browsing, downloading or using the Platform for any general-purpose or for the specific purpose of availing any HDU HEALTHCARE PVT. LTD.Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each HDU HEALTHCARE PVT. LTD.Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific T&Cs in relation to any HDU HEALTHCARE PVT. LTD.Service or any future service that may be offered by HDU HEALTHCARE PVT. LTD.on the HDU Healthcare Pvt. Ltd.  Platform. By registering on, accessing, browsing, downloading, or using (as applicable) the HDU HEALTHCARE PVT. LTD.Platform or availing any HDU HEALTHCARE PVT. LTD.Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the HDU Healthcare Pvt. Ltd.  Platform and immediately terminate Your availing the HDU HEALTHCARE PVT. LTD.Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the HDU HEALTHCARE PVT. LTD.Platform or a customer, donor or beneficiary of the HDU Healthcare Pvt. Ltd.  Services. All services are rendered by HDU HEALTHCARE PVT. LTD.through the HDU HEALTHCARE PVT. LTD.Platform under the brand name “HDU Healthcare Pvt. Ltd. ” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, HDU Healthcare Pvt. Ltd.  , regarding Your use of HDU Healthcare Pvt. Ltd.  ’s digital services (which includes donation and contribution), or any such other services which may be added on the HDU HEALTHCARE PVT. LTD.Platform and which will henceforth be a HDU HEALTHCARE PVT. LTD.Service, from time to time. The HDU HEALTHCARE PVT. LTD.Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, HDU HEALTHCARE PVT. LTD.grants You a personal, nonexclusive, non-transferable, limited, revocable privilege to enter and use the HDU Healthcare Pvt. Ltd.  Platform and/or avail the HDU HEALTHCARE PVT. LTD.Services.

 

Indemnification

 

You agree to indemnify, save, and hold HDU Healthcare Pvt. Ltd. , its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to:

(i) Your use or misuse of the HDU HEALTHCARE PVT. LTD.Services or of the HDU Healthcare Pvt. Ltd.  Platform;

(ii) any violation by You of this Agreement or the SSOID Agreement; or

(iii) any breach of the representations, warranties, and covenants made by You herein.

HDU Healthcare Pvt. Ltd.  reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify HDU Healthcare Pvt. Ltd.  , including rights to settle, and You agree to cooperate with we defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

 

Disclaimer; No Warranties

 

To the fullest extent permissible pursuant to applicable law, HDU Healthcare Pvt. Ltd.  and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from HDU HEALTHCARE PVT. LTD.or through the HDU Healthcare Pvt. Ltd.  Services or the HDU HEALTHCARE PVT. LTD.Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “HDU Healthcare Pvt. Ltd. ” includes HDU Healthcare Pvt. Ltd.  ’s officers, directors, employees. You acknowledge that HDU Healthcare Pvt. Ltd.  (https://www.hduhealthcare.com) is a purely social not-profit enterprise, registered under West Bengal ACT XXVI of 1961, 2016-2017 and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that the use of the HDU HEALTHCARE PVT. LTD.Services on our Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. We do not warrant that our Services will be uninterrupted or error-free or that defects in the site will be corrected. The HDU HEALTHCARE PVT. LTD.Services and our Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. HDU Healthcare Pvt. Ltd. , and its partners do not warrant that the data, our software, functions, or any other information offered on or through our Services/ our Platform or any reference sites/ platforms/ services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. HDU HEALTHCARE PVT. LTD.and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of Our Services/ Our Platform or any reference sites/ platforms/ services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through Our Services/ Our Platform or any reference sites/ platforms/ services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive the termination of this Agreement. In no event will HDU HEALTHCARE PVT. LTD.be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information and the like) arising out of the use of or inability to use Our Platform.

 

Ownership; Proprietary Rights

 

The HDU HEALTHCARE PVT. LTD.Services and Our Platform are owned and operated by HDU Healthcare Pvt. Ltd.  for Social Welfare. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), services, and all other elements of Our Services and Our Platform provided by HDU Healthcare Pvt. Ltd.  for Social Welfare are protected by international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and HDU Healthcare Pvt. Ltd.  , all services and programs contained on Our are the property of HDU Healthcare Pvt. Ltd.  for Social Welfare. You agree not to remove, obscure, or alter Anudip or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Our Services/ Platform. Except as expressly authorized by HDU Healthcare Pvt. Ltd.  , You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the services. HDU HEALTHCARE PVT. LTD.reserves all rights not expressly granted in this Agreement. If You have comments regarding Our Services and/or Our Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to HDU Healthcare Pvt. Ltd.  , and shall assign to HDU Healthcare Pvt. Ltd.  , all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

 

Dispute Resolution

 

If any dispute, controversy or claim arises under this Agreement or in relation to any HDU HEALTHCARE PVT. LTD.Service or our Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, HDU HEALTHCARE PVT. LTD.may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Anudip may seek any interim or preliminary relief from a court of competent jurisdiction in Delhi necessary to protect the rights or the property belonging to You or HDU HEALTHCARE PVT. LTD.(or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor HDU HEALTHCARE PVT. LTD.may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and HDU Healthcare Pvt. Ltd.  . In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

 

Governing Law and Forum for Disputes

 

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against HDU HEALTHCARE PVT. LTD.must be resolved by a court having jurisdiction in Delhi, India. You agree to submit to the personal jurisdiction of the courts located within Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

 

TERMS AND CONDITIONS

Your website may use the Terms and Conditions given below.

The terms “We” / “Us” / “Our”/”Company” individually and collectively refer to https://hduhealthcare.com/ and the terms “Visitor” ”User” refer to the users.


This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

USE OF CONTENT

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

You may not sell or modify the content of this Website  or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.

ACCEPTABLE WEBSITE USE

(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.


(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of https://hduhealthcare.com/ or their breach of the terms .

 

LIABILITY       

User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.


DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

 

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