TERMS AND CONDITIONS – END USER/ CUSTOMER

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://www.cipacahealth.com/Health/HealthLoading/(website) or the application CIPACA HEALTH (app name).

The domain name https://www.cipacahealth.com/Health/HealthLoading/ (hereinafter referred to as ‘Website’) and the Mobile Application CIPACA HEALTH (hereinafter referred to as ‘App’) bearing the registered address at Door No.2, 2102/A, Manapakkam Main Road, Arumugam Nagar, Mugalivakkam, Chennai - 600125, Tamil Nadu, India (hereinafter referred to as ‘Company’).

For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who has downloaded and installed this Mobile Application (hereinafter referred to as ‘App’) and provided Registration Data while registering on the App or by simply visiting the Website by entering the domain name in any internet browser. Any services provided by the Website/ App which do not require registration do not absolve you of the contractual relationship established by this Agreement. The terms and conditions shall change while improvising the system.

“Service Provider” is a person who shall offer the services available with him/ her on the Website/ App enabling the Customers to purchase the service from the WhatsApp Bot/ Website/ App.

By downloading and installing this App, you are bound by these Terms of Service and any other binding document as decided by the Company. You are requested to read them carefully before accepting the same and moving forward to using the WhatsApp Bot/ App/ Website.

By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to https://www.cipacahealthcare.in/, you are deemed to have agreed to all the following Terms and Conditions of Sale/ Service. So, before you use this Website/ App, please read these Terms carefully as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this App/ Website.

NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:

1. CREATING AN ACCOUNT

1.1 To use certain features of the WhatsApp Bot/ Website/ App (e.g., availing Services, posting rating/ reviews, receiving CIPACA HEALTH newsletters), you must set up an account with CIPACA HEALTH ("CIPACA HEALTH Account") and provide certain information about yourself as prompted by the Customer Information form, including, your name, gender, email address, account password, mobile phone number and billing/ shipping address. All of your registration information is protected by our Privacy Policy.

1.2 You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.

1.2 "User" or "Customer" shall mean any user of the Platform who purchases any products and/or Services of the Supplier through the Platform.

1.3 Your CIPACA HEALTH Account/ Login credentials are personal to you. You may not transfer your account and you will be responsible for the activities associated with your CIPACA HEALTH Account.

1.4 CIPACA HEALTH shall not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your CIPACA HEALTH account, you shall immediately notify the Company.

1.5 It is your responsibility to keep your email address up-to-date on your account setup at CIPACA HEALTH app/ website/ WhatsApp bot so that we can communicate with you electronically.

1.6 By creating this account you agree to receive communications from us via email, telephone, SMS and WhatsApp chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.

2. COMMUNICATIONS

By using this WhatsApp Bot/ Website/ App, it is deemed that you have consented to receiving calls, auto-dialled and/ or pre-recorded messages or calls, from us at any time with the use of the telephone number that has been provided by you for the use of this Website/ App/ WhatsApp Bot, subject to the Privacy Policy. This includes contacting you through information received through other parties as well as contacting other parties through the information you provide to us. The use of this Website/ App/ WhatsApp Bot you also consent to receive communications through SMSs, WhatsApp, e-mail, calls in the form of text, audio, video or document from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop the contact with us for the same, you may contact the Company.

The sharing of the information provided by you will be governed by the Privacy Policy. We will not give out your contact information to third parties not connected with the WhatsApp Bot/ Website/ App and the services offered by it, and/ or for any purpose not in furtherance of the activities and aims of the Company. Please refer to the 'Privacy Policy' for more information.

2.3 The CIPACA BARGAIN reserve the right to determine the Suppliers who may sell on the Platform and to suspend access to register Suppliers to the Platform or to terminate the same, only in accordance with this Agreement without assigning any reasons thereto. CIPACA BARGAIN also reserves the right to select/ delist the Products displayed/ offered for sale or to be displayed/ offered for sale on the Platform. We constantly monitor the Supplier’s account in order to avoid fraudulent accounts and transactions. Suppliers with more than one account shall be liable for legal actions under the applicable law and we reserve the right to recover the cost of Products, transaction fees, or any other related cost including attorney fees, from such person using the Website fraudulently. In an event we detect any fraudulent or failed transaction, prior to initiation of legal action; we reserve the right to suspend or delete such account with immediate effect and dishonour all past and pending orders without any liability on our part. However, this shall not absolve the Supplier from any liability

3. 3. SECURITY POLICY:

All your transactions are secure when you place an order online at CIPACA HEALTH. Your personal information is encrypted by using 256-bit Secure Sockets Layer (SSL) encryption technology before being sent over the Internet, which ensures the privacy and high level of security of all your information.

4. CUSTOMER MEMBERSHIP/ USAGE/ ELIGIBILITY:

The membership/ usage of the Website/ App/ WhatsApp Bot is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions where this Website/ App/ WhatsApp Bot can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.

Further, you are solely responsible for protecting the confidentiality of your login credentials and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the Company has reasonable reasons to believe you have done so, we hold the rights to suspend your account and/ or terminate this Agreement without any notice and without being held liable for the same.

You understand that the WhatsApp Bot/ App/ Website functionalities that you use on to your phone or tablet is owned by us and we may automatically upgrade the App/ Website/ WhatsApp Bot and these Terms shall apply to the upgrades as well. We reserve the right to terminate this agreement without any notice and suspend the account without assigning any reason.

5. PRICE AND PAYMENT

The installation and use of this WhatsApp Bot/ Website/ App is free of cost and this includes only the usage of certain services of the WhatsApp Bot/ Website/ App. You hereby understand that this no charge policy maybe amended at any-time at the discretion of the Company.

While availing any of the payment methods available on the WhatsApp Bot/ App/ Website, We shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

i. Lack of authorization for any transaction(s), or

ii. Exceeding the pre-set limit mutually agreed by you and between ‘Bank(s)’, or

iii. Any payment issues arising out of the transaction, or

iv. Decline of transaction for any other reason(s).

All payments made against the services on the App by you shall be compulsorily in Indian Rupees. The WhatsApp Bot/ Website/ App shall not facilitate transaction with respect to any other form of currency with respect to the purchases made on WhatsApp Bot/ Website/ App.

5.1 All our service prices include all applicable statutory taxes.

5.2 We make every effort to make sure that the pricing and availability of services on our WhatsApp Bot/ Website/ App is accurate and up to date. However, rarely, there may be an error on the pricing of a service or an error related to service availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale.

5.3 We reserve the right to correct any inaccuracies or omissions related to pricing and service availability/ descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.

5.4 Home collection tests/ scans times may vary depending on the delivery location as well as the type of service you order.

5.5 You can make the payment via any one of the following methods of payment: Credit/ Debit Card, Net Banking, UPI or Cash on Delivery.

5.6 Credit/ Debit Card, UPI and Net Banking Payments are processed via our online payment service providers.

6. USE OF INFORMATION ON THE WEBSITE/ APP:

6.1 CIPACA HEALTH does not endorse any views or opinions that may be included in the WhatsApp Bot/ Website/ App Content, or other information provided through our Services. Your submission of questions or reviews on the Services does not constitute a professional relationship between you and CIPACA HEALTH.

7. THIRD PARTY INFORMATION:

The content on the WhatsApp Bot/ Website/ App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is our content (hereinafter referred to as ‘Content’). The WhatsApp Bot/ Website/ App may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of that content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and we shall not be liable. You may contact the Company to report any such content.

Other than that when expressly allowed, any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.

8. USER CONTENT:

The content that you upload or post will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content you provide and are not entitled to any payment or other compensation for such use. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this WhatsApp Bot/ Website/ App, or stored on our servers, or hosted or published upon this WhatsApp Bot/ Website/ App.

Those posting any form of User content on the WhatsApp Bot/ Website/ App must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the WhatsApp Bot/ Website/ App, we have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the user posting such content, if we feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, we can in no way be held liable for any false or misleading information.

In case any content is considered to be unlawful or against the law within any jurisdiction in which our WhatsApp Bot/ Website/ App can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.

9. USER OBLIGATIONS:

You are a restricted user of this WhatsApp Bot/ Website/ App.

9.1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the WhatsApp Bot/ Website/ App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the WhatsApp Bot/ Website/ App is not permitted. You shall not, nor allow third parties on your behalf to (i) make and distribute copies of the WhatsApp Bot/ Website/ App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the WhatsApp Bot/ Website/ App; or (iii) create derivative works of the WhatsApp Bot/ Website/ App of any kind whatsoever.

9.2. You agree not to access (or attempt to access) the WhatsApp Bot/ App/ Website and/ or the materials or Services by any means other than through the interface that is provided by the WhatsApp Bot/ Website/ App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the WhatsApp Bot/ Website/ App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the WhatsApp Bot/ Website/ App. You acknowledge and agree that by accessing or using the WhatsApp Bot/ Website/ App or Services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the WhatsApp Bot/ Website/ App. Further, you may report such offensive content by contacting the Company.

9.3. This WhatsApp Bot/ Website/ App by nature allow you to upload information; you undertake to ensure that such material is in accordance with applicable laws. Further, you undertake not to:

a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

b) Engage in any activity that interferes with or disrupts access to the WhatsApp Bot/ Website/ App or the Services (or the servers and networks which are connected to the WhatsApp Bot/ Website/ App);

c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

e) Post any file that infringes the copyright, patent or trademark of other legal entities.

f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the WhatsApp Bot/ Website/ App or another's computer;

g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

h) Probe, scan or test the vulnerability of the WhatsApp Bot/ Website/ App or any network connected to the WhatsApp Bot/ Website/ App, nor breach the security or authentication measures on the WhatsApp Bot/ Website/ App or any network connected to the WhatsApp Bot/ Website/ App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the WhatsApp Bot/ Website/ App, or any other customer of the WhatsApp Bot/ Website/ App, including any account not owned by you, to its source, or exploit the WhatsApp Bot/ Website/ App or Service or information made available or offered by or through the WhatsApp Bot/ Website/ App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the WhatsApp Bot/ Website/ App;

i) Disrupt or interfere with the security of, or otherwise cause harm to, the WhatsApp Bot/ Website/ App, systems resources, accounts, passwords, servers or networks connected to or accessible through the WhatsApp Bot/ Website/ App or any affiliated or linked sites;

j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

k) Use the WhatsApp Bot/ Website/ App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this WhatsApp Bot/ Website/ App or other third parties;

l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

m) Violate any applicable laws or regulations for the time being in force within or outside India;

n) Violate the Terms of Service including but not limited to any applicable Additional Terms of the WhatsApp Bot/ Website/ App contained herein or elsewhere;

o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

p) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;

r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

s) Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other service providers;

While we shall not be held liable or answerable to Users for any such acts on your part, violation of this clause would lead to potential criminal legal action against you, either by other Users of the WhatsApp Bot/ Website/ App or by us.

We can (and You hereby expressly authorize Us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/ or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the WhatsApp Bot/ Website/ App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation, to monitor the material posted on the WhatsApp Bot/ Website/ App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WHATSAPP BOT/ WEBSITE/ APP. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/ or appearance of Content on the App. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

10.1 All information, and Services included on or otherwise made available to you through this WhatsApp Bot/ Website/ App are provided by CIPACA HEALTH on an "as is" and "as available" basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this WhatsApp Bot/ Website/ App is at your sole risk.

10.2 CIPACA HEALTH assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.

10.3 CIPACA HEALTH has exerted reasonable efforts to ensure that all information published on the WhatsApp Bot/ Website/ App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the WhatsApp Bot/ Website/ App at our sole discretion.

10.4 CIPACA HEALTH cannot guarantee the adequacy, currency or completeness of the WhatsApp Bot/ Website/ App content. CIPACA HEALTH does not warrant or endorse the effectiveness, quality or safety of the Services available on its WhatsApp Bot/ Website/ App.

10.5 We disclaim responsibility for any harm to persons resulting from any instructions or Services referred to in the WhatsApp Bot/ Website/ App. We cannot guarantee that whatever shown on the WhatsApp Bot/ Website/ App, or its content shall be always available.

10.6 We may let you view our information and communicate with us through the Social Media services such as Facebook, Instagram and Twitter. CIPACA HEALTH explicitly disclaims any responsibility for the terms of use and privacy policies that govern these thirdparty websites, which are in no way associated with us.

10.7 CIPACA HEALTH accepts no responsibility for any loss or damage suffered due to your reliance on the service reviews posted by the CIPACA HEALTH Users

10.8 CIPACA HEALTH reserves the right to modify or withdraw any part of the WhatsApp Bot/ Website/ App or any of its content at any time without notice.

11. WHATSAPP BOT/ APP/ WEBSITE AVAILABILITY:

We take all reasonable care to ensure the availability of the CIPACA HEALTH WhatsApp Bot/ Website/ App 24 hours every day, 365 days per year. However, the WhatsApp Bot/ Website/ App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. CIPACA HEALTH does not warrant uninterrupted access to this WhatsApp Bot/ Website/ App or any linked WhatsApp Bot/ Website/ App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our WhatsApp Bot/ Website/ App.

12. LINKS TO THIRD-PARTY WEBSITES:

We provide link to third-party websites, our online payment service providers, which process your Net Banking, UPI and Credit/ Debit Card payments, respectively. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such Website link.

13. TERMS OF SALE:

13.1 Once you have placed an order with us for purchase of a service, you will receive an email and/ or mobile confirming receipt of your order and containing the details of your order (the “Order Placed”). The Order Placed is merely an acknowledgement that we have received your order and does not signify our acceptance of your order.

13.2 We only accept your order and conclude the contract of sale for a Service ordered by you, when the Service is received to you. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Confirmation to you.

13.3 If your order is dispatched from more than one Service Provider, CIPACA HEALTH shall receive separate Confirmations for each package from the respective Service Provider, and each Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Service(s) specified in that Confirmation.

13.4 Any communication from us shall be sent only to your registered mobile number on the WhatsApp Bot/ Website/ App and/ or email address for any particular transaction. You shall be solely responsible to update your registered mobile number and/ or email address on the Website/ App/ WhatsApp Bot in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Services. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Service(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

13.5 All orders placed on the WhatsApp Bot/ App/ Website are subject to the availability of such Services, our acceptance of your offer as per the above and your continued adherence to these Terms.

13.6 You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Services ordered by you are for personal, non-commercial use.

13.7 CIPACA HEALTH may accept or decline any order placed by a Customer in its absolute discretion without liability to you.

13.8 CIPACA HEALTH reserves the right to discontinue any program or offer on its Website/ App/ WhatsApp Bot.

13.9 We reserve the right, without prior notice, to limit the order quantity of any Serviceavailable on CIPACA HEALTH.

13.10 We acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by the CIPACA HEALTH and/ or its affiliates.

13.11 You understand that all Services shall be sold & dispensed by a registered Service Provider at CIPACA HEALTH and/ or its affiliates.

13.12 If you are the patient/ parent/ authorised person on behalf of the patient or customer, you authorise and appoint the CIPACA HEALTH and/ or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) booking a hospital bed that has been booked in the CIPACA HEALTH app/ website/ WhatsApp bot; and (b) home collection of the blood samples/ tests/ scans. By making this purchase you hereby authorise CIPACA HEALTHand/ or its affiliates to ship the order by Service Provider’s delivery personnel to your designated location. This authorisation shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfilment of your order. "YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES."

13.13 "If you are the parent/ legal guardian/ authorised person for the patient/ customer disclosed herein, you affirm that you are over the age of majority, and have full authority to sign for and provide the above representations to the CIPACA HEALTH and/ or its affiliates on the Patient's/ Customer’s behalf."

14. POLICY:

14.1 CIPACA HEALTH takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of services provided. By placing the order for your services, you acknowledge and accept the following terms regarding the purchase of any services.

14.2 The Customer is solely responsible for the services they select.

14.3 If you are booking a service(s), any invalid/ wrong/ incorrect/ insufficient service is booked by the Customer/ Caregiver, we are not liable for any adverse effects or harm to you upon the booked service on the WhatsApp Bot/ Website/ App.

14.4 The information provided in the CIPACA HEALTH is for informative purposes only and this Website/ App/ WhatsApp Bot is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the WhatsApp Bot/ Website/ App.

14.5 The User or Customer or the Caregiver shall be completely aware of the indications, side effects, and drug interactions, effects of the service taken that he/ she orders from us.

15. CANCELLATION, RETURN AND REFUND POLICY:

Refund Policy: At CIPACA HEALTH, we do our best to ensure that you are completely satisfied with the services. And we are happy to issue a full refund based on the conditions listed below:

Full Refund Possible If:

• You received a defective/ wrong service;

Please note: Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/ Debit Card, UPI or Net Banking, please allow 7 to 10 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is the bank's policy that delays the refund timing and we have no control over that.

How to Request a Refund:

To request a refund, simply click on “My Orders” on the home page, select the service and then click on “Cancellation”, a pop-up shall open “Reason for cancellation”, choose the appropriate reason requesting the refund and that’s it. The status shall be changed to “Partial Cancelled” if there is partial cancellation. We take customer feedback very seriously and use it to constantly improve our quality of service. If you have any queries, do contact the Company. We're here for you!

Return Policy: We do our best to ensure that the services you order are delivered according to your specifications. However, should you receive an incomplete order or incorrect service(s), please notify the Company immediately or within 24 hours of receiving the services, to ensure prompt resolution. Please note that CIPACA HEALTH will not accept liability for such delivery issues if you fail to notify us within 24 hours of receiving the services.

Return Policy Exceptions:

CIPACA HEALTH reserves the right to refuse returns (or refunds) for certain services, as marked in the respective service pages as "Note: This service cannot be returned for a refund or exchange".

16. CANCELLATION:

User may cancel the order of a service before it is confirmed by the Company. On the receipt of order cancellation request, your order will be cancelled with immediate effect.

17. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:

17.1 As per the Terms and Conditions of CIPACA HEALTH, the WhatsApp Bot/ Website/ App grants access to Users/ Customers to view the content solely for visiting, ordering, and communicating only. All materials in this WhatsApp Bot/ Website/ App, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this WhatsApp Bot/ Website/ App are copyrights and/ or other intellectual properties owned by CIPACA HEALTH. All other trademarks not owned by CIPACA HEALTH that appear on this WhatsApp Bot/ Website/ App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CIPACA HEALTH.

17.2 You hereby agree that you will not reproduce, duplicate or copy the content of CIPACA HEALTH for any purpose, unless you have been specifically permitted to do so in a separate agreement with this WhatsApp Bot/ Website/ App.

18. USER INDEMNIFICATION:

You hereby agree to indemnify, defend, hold harmless CIPACA HEALTH and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defences.

19. COMPLIANCE WITH LAWS

The User of the WhatsApp Bot/ Website/ App shall comply with all the applicable laws including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the WhatsApp Bot/ Website/ App.

20. APPLICABLE LAW AND JURISDICTION:

These Terms and Conditions and your use of this WhatsApp Bot/ Website/ App and its content will be governed by and construed in all respects in accordance with the laws of India subject to the jurisdictional courts of Chennai.

21. DISPUTE RESOLUTION:

These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. Any failure of the WhatsApp Bot/ Website/ App/ Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the WhatsApp Bot/ Website/ App/ Company, and all other provisions for which survival is equitable or appropriate.

In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy, these Terms of Service shall prevail. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service shall prevail.

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through Arbitration and Conciliation Act, 1996. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/ or Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/ her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Chennai in the state of Tamil Nadu, India. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Chennai shall have exclusive jurisdiction over any disputes arising between the Parties.

22. SEVERABILITY:

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

23. DISCLAIMER OF WARRANTIES AND LIABILITIES:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE WHATSAPP BOT/ WEBSITE/ APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WHATSAPP BOT/ WEBSITE/ APP IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

(III) ANY ERRORS OR DEFECTS IN THE WHATSAPP BOT/ WEBSITE/ APP, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WHATSAPP BOT/ WEBSITE/ APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY SERVICES.

24. SUBMISSIONS:

24.1 CIPACA HEALTH reserves sole discretion to accept, edit or reject any and all materials you may send to us (collectively, "Submissions") as part of the features in the WhatsApp Bot/ Website/ App, including but not limited to, Ratings & Reviews, Ask the Service Provider Your Questions and Testimonials. Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of healthcare.

24.2 CIPACA HEALTH shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

24.3 You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.

24.4 The User/ Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the CIPACA HEALTHWhatsApp Bot/ Website/ App.

24.5 CIPACA HEALTH does not endorse and is not responsible for any Submissions on its Website/ App. We shall not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/ Customers, which may be inaccurate, offensive, obscene, threatening or harassing.

25. DISCLAIMERS:

By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

The content on the Website and App is general in nature and summarized, and is provided for informational purposes only. The content of the Website and App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind.

We do not assure any liability for the contents of any material provided on the App. CIPACA HEALTH on any information provided by us, other visitors to the WhatsApp Bot/ Website/ App is solely at your own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any service, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this Site without notice.

You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright, publicity, and database rights you have in your information, in any media now known or not currently known, with respect to your information to enable us to use the information for the purpose of providing the Services.

You release and indemnify us and/ or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the WhatsApp Bot/ Website/ App and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

The Platform is only an intermediary and cannot be held liable for any dispute/ claim/ damages etc. that arise between the Customer and the Supplier for whatsoever reason it may be.

26. INDEMNIFICATION AND LIMITATION OF LIABILITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WHATSAPP BOT/ WEBSITE/ APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES(INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTERESTCHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WHATSAPP BOT/ WEBSITE/ APP, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS 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 HAVE 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 WHATSAPP BOT/ WEBSITE/ APP, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

27. TERMINATION:

You agree that CIPACA HEALTH, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the WhatsApp Bot/ Website/ App, at any time. You agree that any termination of your access to the WhatsApp Bot/ Website/ App or suspension of your account may be effected without prior notice, and you agree that CIPACA HEALTH shall not be liable to you for any such termination. Your right to use the CIPACA HEALTHWhatsApp Bot/ Website/ App/ Service immediately ceases upon termination of your access/ use of the WhatsApp Bot/ Website/ App.

28. CHANGES TO THESE TERMS AND CONDITIONS:

We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the WhatsApp Bot/ Website/ App. It is your responsibility to review the CIPACA HEALTH Terms and Conditions regularly. Your continued use of the WhatsApp Bot/ Website/ App following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.

29. MISCELLANEOUS:

We reserve the right to change these Terms of Service at any time without notice in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the WhatsApp Bot/ Website/ App after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this WhatsApp Bot/ Website/ App prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.

We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires us or any of their assets.

We hereby reserve the right to block usage of the WhatsApp Bot/ Website/ App if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.

Contact Information

Please contact us for any questions or comments regarding these Terms and Conditions.

Telephone number: +91 70109 90183
Email ID - cipacahealth@gmail.com