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All
information posted on www.giftahealth.com, including but
not limited to, the information, terms, conditions and
descriptions that appear, are provided on an “AS IS” and
“AS AVAILABLE” basis and are without any warranty or
guarantee or undertaking by Gift a Health or
www.giftahealth.com.
GIFT A HEALTH, shall in no event be liable for
inability/default under any applicable law(s), including
those relating to Contract, Torts, Consumer Protection
or any Civil or Criminal Laws, if it fails to provide
the Services made available through www.giftahealth.com
due to any government restrictions or regulations or any
unforeseen circumstances not within the reasonable
control of GIFT A HEALTH including strikes, war, natural
calamities, acts of God or other events of force majeure.
All communications between You and GIFT A HEALTH will be
deemed to have occurred during the corresponding Indian
Standard Time (”IST”).
GIFT A HEALTH reserves every right to update or modify
this Disclaimer policy from time to time. Such
modifications shall be reflected in the Amendments
posted on www.giftahealth.com from time to time.
No representation or warranty, direct or implied, is
made as to the accuracy, correctness or completeness of
any information contained in this Disclaimer Policy or
on www.giftahealth.com and the same is subject to errors
and omissions. All such information must be
independently verified by You and You shall defend,
indemnify and hold harmless GIFT A HEALTH against all
claims in this regard.
Not all products and Services are available in all
geographical areas. Eligibility of the Beneficiary for
particular products and Services as offered through
www.giftahealth.com from time to time is subject to the
sole discretion of GIFT A HEALTH.
All contents included on www.giftahealth.com are the
property of GIFT A HEALTH and are protected by copyright
laws. Any copying, unless expressly agreed to by GIFT A
HEALTH in writing in accordance with Clause 8 below,
whether for commercial purposes or otherwise shall be
unauthorized and is prohibited and would be in violation
of intellectual property rights of GIFT A HEALTH. GIFT A
HEALTH reserves the right to initiate such
proceedings/actions as may be necessary to protect its
intellectual property rights.
www.giftahealth.com or any portion thereof shall not be
reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose
without express written consent of GIFT A HEALTH, which
may be given or withheld at the sole discretion of GIFT
A HEALTH. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page
layout, or form) of GIFT A HEALTH or its affiliates
without express written consent of GIFT A HEALTH, which
may be given or withheld at the sole discretion of GIFT
A HEALTH. You shall not use any meta tags or any other
"hidden text" utilizing GIFT A HEALTH name or trademarks
without the prior express written consent of GIFT A
HEALTH.
If You use www.giftahealth.com, You shall be responsible
for maintaining the confidentiality of your account and
password and for restricting access to your computer and
You shall at all times assume all responsibility for all
activities that occur under your account or password.
Any damage, monetary or otherwise or any loss resulting
due to misuse of your personal information shall be to
your account and shall be borne exclusively by You.
Unauthorized duplication, copying, visit or otherwise
modification of any information on www.giftahealth.com
may result in civil and criminal prosecution.
You have agreed not to hold GIFT A HEALTH liable to any
direct or indirect or consequential damage resulting
from using www.giftahealth.com.
Links to any other sites on www.giftahealth.com are not
in any manner whatsoever endorsements by GIFT A HEALTH
of any such sites or otherwise of their respective
content.
Transmissions to or from www.giftahealth.com may be
intercepted and modified by third parties and hence
files obtained from or through www.giftahealth.com may
contain computer viruses, spy ware or such other
defects. GIFT A HEALTH shall not be responsible for any
damage resulting out of such events and You shall
defend, indemnify and hold harmless GIFT A HEALTH
against all claims in this regard.
GIFT A HEALTH declares that it has entered into written
agreements and arrangements with all Service Providers
and vendors whereby GIFT A HEALTH is not liable for any
deficiency in Services and quality control of the
products and shall not be held responsible if the
Service quality and/or product description does not meet
your expectations or the expectations of other
beneficaries.
In no event shall GIFT A HEALTH, its affiliates,
licensors, employees or agents be liable to You for any
damages or losses, including without limitation
indirect, consequential, special, incidental or punitive
damages resulting from use of or caused by
www.giftahealth.com, its public posting bulletin boards,
its content or any errors or omissions in its content.
You acknowledge that You have read this Disclaimer
Policy and agree to all its terms and conditions. You
have independently evaluated the desirability and
consequences of availing the Services on
www.giftahealth.com and are not relying on any
representation, guarantee or statements other than as
set out on www.giftahealth.com.
In an effort to provide you with the most current
information GIFT A HEALTH will, from time to time, make
changes in the contents and in the products or services
described on the Website. Prices and the availability of
items are subject to change without notice. Prices of
products displayed on the Website may not be indicative
of the actual selling prices in your area. It is
clarified that GIFT A HEALTH charge only in Indian
Rupees and the product/goods price are being captured at
standard rate i.e 1USD= INR 45. However, USD price are
only indicative, which are always subject to foreign
exchange fluctuation, and shall not be construed as
final by YOU as the actual capturing of the amount from
Your credit card may vary from time to time. Further,
You agree to bear the amount difference arising due to
foreign exchange fluctuation. We reserve the right to
limit sales, including the right to prohibit sales to
re-sellers. We are not responsible for typographical or
photographic errors.
ARBITRATION
Any dispute or controversy arising out of or concerned
with this Policy shall be referred for adjudication to a
Sole Arbitrator to be appointed by ATHARVEDA HEALTHCARE
PRIVATE LIMITED the said Sole Arbitrator may be an
employee or ex-employee of ATHARVEDA HEALTHCARE PRIVATE
LIMITED or any of its sister/associates concern(s). You
hereby approves of and grants your consent to this .The
Sole Arbitrator shall follow the procedure as provided
for in the (Indian) Arbitration & Conciliation Act,1996
as amended from time to time and the award by the Sole
Arbitrator shall be final & binding upon the parties.
The seat of Sole Arbitrator shall be at Mumbai and all
proceedings shall be conducted in English.
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