THE FOLLOWING TERMS AND CONDITIONS GOVERN THE USE OF THIS WEBSITE(S) (www.healthfort.in / www.healthuziastic.com / VARIOUS COMPANION MOBILE APPLICATION(S) (HEALTHFORT MOBILE APPLICATION) WHICH IS CONDITIONAL UPON YOU ACCEPTING THE SAME. YOUR ACCEPTANCE OF THIS USER AGREEMENT SHALL BE INDICATED BY YOUR USE OR REGISTRATION WITH M/S HEATHUZIASTIC SOLUTIONS PVT. LTD. WEBSITE / VARIOUS MOBILE APPLICATIONS(S) OF THE COMPANY. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE/MOBILE APPLICATION.

1) General

This website namely www.healthfort.in / www.healthuziastic.com (the site/website) and the Mobile Application Healthfort Mobile Application and its various products/services - CHAMPS, CHARTS, CHerRUBs etc. (hereafter referred to as Mobile Application(s)) is fully owned by a company registered in New Delhi, India called M/s Healthuziastic Solutions Pvt. Ltd. (the company), providing advisory health information, health record repository, healthcare, related services and advice to its users/members/subscribers.

2) Governing Terms

These Terms of service along with all the additional terms that are referenced herein or that are presented elsewhere on the Website / Mobile Application(s) including but not limited to the Privacy and Security Policy, set forth the terms that apply to your use of this website / Mobile Application(s). In case you do not agree to the same, you should not use and/or access this Website / Mobile Application(s). By using and/or accessing any content on/through this Website / Mobile Application(s), you agree to comply with all the terms and conditions (including disclaimers regarding professional, medical and nutritional information) hereof. In case you fail to comply with the aforesaid, you hereby agree and undertake to indemnify the company.

3) Registration

You may be given the opportunity to register via an online/offline registration form to create a user account that may allow you to receive information from the company and/or to participate in certain features on the Website / Mobile Application(s) such as live chats / online discussions / consultations with Medical Expert(s), online survey(s). The provided information shall be used in accordance with the Privacy and Security Policy of the company. Our Privacy Policy contains further information about how data is collected, used and made available on or by our Sites / Mobile Application(s). We recommend that you read the same. Registration can be done by a person who has legally attained 18 years of age or above. The parent(s)/legal guardian(s) of any minor/student can also register on behalf of the minor/student. By registering, you represent and warrant that all the information provided on the registration form is current, complete, true and accurate to your knowledge. You agree to maintain and promptly update your registration information on the Website / Mobile Application(s) so that it remains current, complete, true and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that the company may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use to the minor or any person/third party on your behalf, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.

4) Proprietary Rights

The Website/Mobile Application contains Proprietary marks, copyrighted material, trademarks, trade names, service marks, emblems, logos, indicia of origin etc. and other proprietary information, including, but not limited to text, software, photos, video, graphics, music and sound, and the entire contents are the property of the company. You undertake not to modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, unless expressly or impliedly provided by the owner of the website, failing which you shall be solely responsible for such violation and infringement and indemnify the company against the same.

5) Advertisements and Promotions

The Company may run any advertisements and promotions as per its own discretion however you shall not be entitled to advertise and promote on the website without prior express permission from the company. We do not review or monitor any web sites, advertisements, or other media linked to or available through the Sites / Mobile Application(s) and are not responsible for the content of any such third party advertisements or linked web sites. Further the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings with such advertisements on the Website / Mobile Application.

6) Third Party Content

The Website / Mobile Application(s) contain the content supplied by third parties and users and as such the company shall not be responsible for their act, omissions and commissions. The Company shall not be responsible for any actions or inaction on your part based on any such information. Further the company does not guarantee the accuracy, completeness or usefulness of any such content. The Website / Mobile Application(s) may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website / Mobile Application(s). If you voluntarily disclose personal information (e.g., user name, email address) on the Website / Mobile Application(s), such as on a forum, chat room or on any other user or member generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We advise that you do not post any personal or other sensitive information on our Websites / Mobile Application(s).

7) Payments and Subscriptions

You may be required to / choose to pay for the various services and/or subscribe to various products/services/consultation through our Website/Mobile Application. You may be asked to make online payments for the same. The payment process may utilize the services of third party payment gateways/applications. While the Company will make efforts to ensure the payment gateway provider is a company of repute, it does not provide any warranties on behalf of the payment gateway provider / other third parties involved in the payment process. The Company shall not be liable in case any discrepancy occurs during the process of making the payment using the payment gateway. Successful payment processing includes several interconnected processes which include (but not limited to) – constant internet connectivity throughout the payment process, availability of services of various parties like credit/debit card/mobile wallet/bank/payment gateway, your input of correct information required, etc. Any problem with these services may lead to error/discrepancy in your payment. The User/Subscriber will have to follow-up with their respective banks/credit/debit card providers/mobile wallets for any problems encountered during the payment process. The Company will also not be liable for any data theft/breach occurring during/after the payment process or at the payment gateway providers’ end.

8) Modification in terms of service/content of the site

We reserve the right to change terms and conditions of current Terms of Use at any time. You should check this page regularly. The changes will appear on the Website / Mobile Application(s) and will be effective when we post the changes. The Company may modify, change and replace the Terms of Service or content of the Website / Mobile Application(s) or any part thereof and such modifications, additions or deletions will be effective immediately effect. By using and/or accessing any content in this website, you agree to comply with all such modifications, additions or deletions.

9) Responsibility of the user

You undertake to abide by the following rules of conduct:
• You undertake not to upload, post or otherwise transmit any content that violates or infringes in any way upon the law including but not limited to Copyright, IT Act, Trademarks or any other law or any civil or criminal liability in India;
• You undertake to be responsible for ownership and correctness of any data that you provide or update directly on your forms/website/Mobile Application(s).
• You undertake not to upload, post or otherwise transmit any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• You undertake not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of racism, abusiveness, vulgarity, profanity or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
• You undertake not to upload, post or otherwise transmit, without the company's express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
• You undertake not to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
• You undertake not to interfere with any other user's right to privacy or posting private information about a third party;
• You undertake not to upload, post or otherwise transmit any User Content, software or other materials which contain malicious software such as virus, malware etc, or other harmful or disruptive component which are/can be harmful to other users on this Website / Mobile Application(s);
• You undertake not to use, reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of Website / Mobile Application(s);In case, you fail to oblige and comply with the aforesaid terms, then in that case you shall be solely responsible for such content and you shall also indemnify the company against the same.

10) Responsibility of the company

All content provided in this Website / Mobile Application(s) has been checked for accuracy. However, the company does not accept any responsibility for any action taken based on the content in this Website / Mobile Application(s). Further the contents of this Website / Mobile Application(s) do not constitute to override, substitute for, nor does it replace professional medical Advice, Diagnosis or Treatment in any manner whatsoever. Further the company shall not be responsible for deletion of any content of its user from the Website / Mobile Application(s). It shall be the sole responsibility of the user to creating backup copies of the contents posted on the Website / Mobile Application(s) at its cost and expense.

11) Indemnification

You agree to defend, indemnify and hold harmless the company, its affiliates employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Website / Mobile Application(s) by you or your Account or any action or inaction on your part. You shall cooperate fully and reasonably in the defense of any such claim.

12) Termination

The Company may, in its sole discretion, terminate or suspend these Terms of Service at any time without prior notice to you. Without limiting the foregoing, the company shall have the right to immediately terminate your Account in the event of any conduct by you contrary to the terms stated herein. We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any Proprietary Rights of the company or other right of any person or entity, threatens the personal safety of users of the Website / Mobile Application(s) or the public or could create liability for the Company.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website / Mobile Application(s).
• Terminate or suspend your access to all or part of the Website / Mobile Application(s) for any or no reason, including without limitation, any violation of these Terms of Use. However, we cannot and do not undertake to review all material before it is posted on the Website / Mobile Application(s), and cannot ensure prompt removal of objectionable material after it has been posted, but shall ensure that all objectionable materials are reviewed and removed periodically, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

13) Miscellaneous

These Terms of Service and any operating rules for the Website / Mobile Application(s) established by the company constitute the entire agreement of the parties with respect to the subject matter hereof. These Terms of Service shall be construed in accordance with the laws of the India. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

14) Supplemental Terms

You may store, analyze, reformat, print and display the content related to your personal information. However you shall not publish, retransmit, redistribute or otherwise reproduce any information/content of any other users in any format to anyone without prior consent of the company. The company and/or its affiliates will not be liable to any user or anyone for any interruption, inaccuracy, error or omission, regardless of cause provided on the Website / Mobile Application(s) (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.

15) Injunctive Relief

You acknowledge that in case of any breach of the aforesaid terms, the company shall be entitled for monetary relief as well as enforce this Agreement by injunction, specific performance or other equitable relief against you the user/member of this Website / Mobile Application(s).

16) Dispute

All the dispute(s), arising out of or related to information contained in this Website / Mobile Application(s), shall be subject to the jurisdiction of Delhi Courts only. Further exclusively the law of the India shall apply.