These terms and conditions(“User Terms”) read with the Privacy Policy available on the Application constitutes a legal binding agreement(“Agreement”) between You and Sola Gratia(“Company”) and shall apply to and govern Your visit to and use, of the Application(whether in the capacity of an user or a Practitioner) and any of its products or services whether through a computer or a mobile phone as well as to all information, recommendations and or Services provided to You on or through the Application.This Agreement defines the terms and conditions under which you are allowed to use the Application and describes the manner in which we shall treat your account while you are registered as a member with us.These User Terms apply to the Services made available by Company on the Application including various products offered by Company.Company shall try and ensure that all information that is provided on the Application with respect to policies / products / Services are accurate in all respects and are kept up to date.However, Company does not guarantee the timeliness, accuracy, completeness, reliability or content of the information and any changes that are made with respect to the same and the visitor / Customer is required to check the accuracy of the same with the office of Company.
Company may introduce new Services in relation to the Application from time to time.The existence and availability of the new Services will be noted in the Application as and when they become available and any revisions in the Terms & Conditions will take place in accordance with these Terms & Conditions.In addition, Company may also publish notices of general nature, which are applicable to all visitors or Customers in a newspaper or on its Application.Such notices will have the same effect as a notice served individually to each visitor or Customer.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.By accessing this Application, You are consenting to be bound by these User Terms and the Privacy Policy.PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE APPLICATION.If You do not accept any of the User Terms, then please do not use the Application or avail any of the services / Services being provided therein.
Your acceptance of the User Terms shall be deemed to include your acceptance of the Privacy Policy available at the Application.
- DEFINTIONS
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
- “Account” shall mean the account created by the Customer on the Application for availing the Services provided by Company. 1.(“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by - laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of the State of Texas.
- “Application” shall mean our mobile Application as updated by Company from time to time.
- “Customer / You / User” shall mean a user of the Application.
- “Force Majeure Event” shall mean any and all events arising due to any cause beyond the reasonable control of Company.
- “Company” or “us” or “we” or “our” shall mean Sola Gratia, a company incorporated under the laws of Delaware, including all its successors, affiliates and permitted assigns.
- “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Company from the Customer from time to time for registration on the Application.
- “Services” shall mean the various categories of Services made available through the Application.
- “T & Cs” and “User Terms” shall mean these Customer terms and conditions.
- ELIGIBILITY
- You will be “Eligible” to use the Services only when You fulfil all of the following conditions: (i) You have attained at least 18(eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.
- If You reside in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
- REGISTRATION / MEMBERSHIP AND MANNER OF USAGE OF ACCOUNT
- You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time.We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
- You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party.Your Account cannot be transferred, assigned or sold to a third party.We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
- Company reserves the right to suspend or terminate Your Account immediately and for an indefinite period, if Company believes that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason.
- Except for the Registration Data or any other data submitted by You during the use of any other service offered through the Application(“Permitted Information”), Company does not want You to, and You should not, send any confidential or proprietary information to Company on the Application or otherwise, unless otherwise is required by Applicable Laws.In accepting these User Terms, You agree that any information or materials that You or individuals acting on Your behalf provide to Company other than the Permitted Information will not be considered confidential or proprietary.
- It is Your responsibility to check to ensure that You download the correct application for Your device.We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device.Company reserves the right to terminate the Service and the use of the Application should You use the Service or Application with an incompatible or unauthorized device.
- By using the Application or the Service, You further agree that: (a) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (b) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (c) You will not use the Application for unlawful purposes; (d) You will not try to harm the Application in any way whatsoever; € You will provide Company with such information and documents which Company may reasonably request.
- You agree to grant Company a non - exclusive, worldwide, perpetual, irrevocable, royalty - free, sub - licensable(through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information.
- You agree and permit Company to share any information provided by You with third parties in order to facilitate provision of Services including certain value - added / ancillary services offered by such third parties to You and / or to provide Services including certain value - added services to You by Company.You hereby expressly consent to receive communications from Company / third parties offering Services / value - added services to You through Your registered phone number and / or e - mail id and / or the Application.You agree that You will not hold Company responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
- NO MEDICAL ADVICE
- Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material(collectively, “Information”) that may be available on the Application(including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession.The provision of such Information does not create a licensed medical professional / patient relationship, between Company and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided for the purposes of providing You with information and if relevant to assist you with locating appropriate medical care from a qualified practitioner.
- It is hereby expressly clarified that, the Information that you obtain or receive from Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Application is for informational purposes only.Company makes no guarantees, representations or warranties, whether expressed or implied in any manner, including to the truthfulness of such information, with respect to professional qualifications, quality of work, expertise or other information provided on the Application.In no event shall Company be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- APPLICATION LICENSE
- Subject to Your compliance with these User Terms, Company grants You a limited, revocable, non - exclusive, non - transferable and non - sub - licensable license to download and install a copy of the Application on a single mobile device, tablet, computer or other storage device that allows access to the Application’s contents that You own or control and to run such copy of the Application solely for Your own personal use and to use the Application.
- You shall not(a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit except to the extent allowed by Company or make available to any third party the Application in any way other than those set forth herein; (b) modify or make derivative works based upon the Service or Application; (c) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet - based device; (d) reverse engineer or access the Application in order to(a) design or build a competitive product or service, (e) design or build a product using similar ideas, features, functions or graphics of the Service or Application, or(f) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Application, or(g) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and / or performance of the Application.
- You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application, the Application or the data contained therein; or(v) attempt to gain unauthorized access to the Application, the Application or its related systems or networks.
- Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.Company may involve and cooperate with law enforcement authorities in prosecuting Users who violate these User Terms.You acknowledge that Company has no obligation to monitor Your access to or use of the Application, or posted content, but has the right to do so for the purpose of operating the Application, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body.Company reserves the right, at any time and without prior notice, to remove or disable access to any content that Company, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Application, the Service or Application.
- FORCE MAJEURE
- We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
- INDEMNIFICATION
- By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Company, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys, Practitioners, third party service providers and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses(including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party or(c) Your use or misuse of the Application.
- LIMITATION OF LIABILITY
- The information, recommendations and / or Services provided to You on or through the Application are for general information purposes only and does not constitute medical advice.Company will reasonably keep the Application and its contents correct and up to date but does not guarantee that(the contents of) the Application is free of errors, defects, malware and viruses or that the Application is correct, up to date and accurate.
- Company shall not be liable for any damages resulting from the use of or inability to use the Application, including damages caused by wrong usage of the Application, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
- In no event shall Company be liable for:
- provision of or failure to provide all or any Service users contacted or managed through the Application;
- any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Application;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Application or the Service.
- If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Company shall be the minimum permitted under Applicable Law.
- Under no circumstances, including but not limited to negligence, shall Company, its employees and directors, its suppliers and its third party advisors be liable to You for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary(including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use / delivery / performance of this Application, with the delay or inability to use this Application or any links or items on the Application, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through this Application, or otherwise arising out of the use of this Application, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair and correction services or resulting from the use of this Application or obtained or messages received or transactions entered into through or from the Application or resulting from unauthorized access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.
- Company reserves the rights to display sponsored ads on the Application.Without prejudice to the status of other content, Company shall not be liable for the accuracy of information or the claims made in the Sponsored Listings.Company does not encourage the Users to visit the Sponsored Listings page or to avail any services from them.Company will not be liable for the services of the providers of the Sponsored Listings.You represent and warrant that you will use these Services in accordance with applicable law.Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Company accept no liability for the same.
- INTELLECTUAL PROPERTY OWNERSHIP
- Company(and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to(i) the Application, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or(iii) other information provided by You or any other party relating to the Application.Third party trademarks may appear on this Application and all rights therein are reserved to the registered owners of those trademarks.
- These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Application or any intellectual property rights owned by Company.You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Application.
- TERM AND TERMINATION OF USER TERMS
- Unless terminated, the Agreement between Company and You is perpetual in nature upon downloading the Application and availing the Services through the Application.
- You are entitled to terminate the Agreement at all times by deletion of Your Account, thus, disabling the use by You of the Application.You can close Your Account at any time by following the instructions on the Application.
- Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re - register under a new account.On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Application by such User.The User shall ensure that he / she / it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
- Clauses pertaining to Indemnification, Liability, Intellectual Property Ownership, Term and Termination, Notice and Applicable Law and Dispute Resolution and such other provisions which are intended to survive the termination, shall survive the expiry / termination of these User Terms in accordance with their terms.
- INVALIDITY OF ONE OR MORE PROVISIONS
- The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
- In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Company, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
- DISCLAIMER
- Although all efforts are made to ensure that information and content provided as part of the Application are correct at the time of inclusion on the Application, however, there is no guarantee to the accuracy of the Information.We do not make representations or warranties as to the fairness, completeness or accuracy of Information on the Application.There is no commitment to update or correct any information that appears on the Internet or on the Application.Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision.Any use of the Application or the information is at your own risk.
- The Services provided by Company or any of its licensors or service providers / partners are provided on an “as is” and “as available” basis, and without any warranties or conditions(express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non - infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Company does not provide or make any representation, warranty or guarantee, express or implied about the Application or the Services.Company does not guarantee the accuracy or completeness of any content or information provided by users on the Application.To the fullest extent permitted by law, Company disclaims all liability arising out of the Your use or reliance upon the Application, the Services, representations and warranties made by other users or any content or information provided by the users on the Application.
- RESTRICTIONS ON USE
- Company owns and holds all the rights for the information, contents, audio, video, logos and trademarks contained in this Application.Any reproduction, modification, creation of derivate works, distribution, transmission, copying, selling, displaying, publishing or using any of the information, contents, audio, video, logos and trademarks contained in this Application for any purpose whatsoever, whether electronically or otherwise, without the prior written permission of Company is strictly prohibited.Any violation of this provision would be strictly dealt with.You may download material displayed on this Application for your personal use only, provided that you also retain the clauses pertaining to all copyright and other proprietary notices contained in the materials.
- You acknowledges and affirms that You shall not:
- Engage in fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use.
- Use the Application to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity
- Although Company may, from time to time, monitor or review any facilities, if established or otherwise offered at the Application for discussions, chats, postings, transmissions, bulletin boards, and the like on the Application
- Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Application.You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.Company will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any such information or materials.
- RESERVATION OF RIGHTS
- We reserve the right to change, modify, add to, or remove discounts, portions of these terms of use at any time, subject to IRDAI regulations as amended time to time & Company’s policy.
- PRIVACY POLICY
- In the process of using this Application, the Privacy Policy as set forth in the Application shall be applicable.
- MODIFICATION OF THE SERVICE AND USER TERMS
- Company reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict Your use to all or any feature of the Service or Application at any time.
- Company shall not be required to notify You of any changes made to these User Terms.The revised User Terms shall be made available in the Application.You are requested to regularly visit the Application to view the most current User Terms.It shall be Your responsibility to check these User Terms periodically for changes.Your continued use of the Application constitutes acceptance of the changes and an Agreement to be bound by User Term, as amended.
- NOTICE
- Notices under these Terms & Conditions may be given by Company to the Customer in writing by delivering them to the last address given by the Customer.Customer may give notice to Company by delivering them to the address mentioned on Application.In the case of hand delivery, cable, telex, facsimile notices or electronic communication notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be.Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Application.Company shall be deemed to have fulfilled any legal obligation to deliver to the Customer if any such document is sent via electronic delivery.
- EXCLUSIVE AGREEMENT
- You agree that these User Terms are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and Company relating to the subject matter of these User Terms.These User Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Application and / or Company.
- ASSIGNMENT
- You shall not assign Your rights under these User Terms without prior written approval of Company.Company can assign its rights under the User Terms to any affiliate.
- NO WAIVER
- Company or any of its third party service providers etc.shall not be deemed to have waived any of its / their rights or remedies hereunder, unless such waiver is in writing.No delay or omission on the part of Company or service providers, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
- APPLICABLE LAW AND DISPUTE RESOLUTION
- These User Terms are subject to the laws of the State of Texas.Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Application, the Service or the Application(collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Company as Company may designate.Any Dispute will be subject to the exclusive jurisdiction of courts in Fort Worth, Texas.
- JURISDICTIONAL ISSUES
- Unless otherwise expressly set forth herein, Company makes no representation that materials in this Application are appropriate or available for use in any location.Those who choose to access this Application do so on their own initiative and are responsible for compliance with local laws.The Services / products which are part of the Application do not constitute an offer to sell or a solicitation of an offer to buy any policies / products to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.