1. AGREEMENT TO TERMS
    • These Terms of Service (or "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your” or “yourself”) and Equality Healthcare Private Limited (“Company” or “we” or “us” or “our”), concerning your access to and use of the eVital website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”) and/or creation of your account with us on the Site (by choosing any of the options provided by us, from time to time) for, inter alia, accessing/using Services at the Site. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
    • Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby, expressly incorporated herein, by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site on and from the date such revised Terms of Service are posted.
    • We control and operate the Site from our offices in Ahmedabad, India. We make no representation that the Site is appropriate, lawful, or available for use in any location other than India. As such, if any person chooses to access or use the Site from locations outside India, do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access/ use of the Site from jurisdictions where the content or practices of the Site are illegal, unauthorized, or penalized is strictly prohibited.

  2. USER REPRESENTATIONS
    • By using the Site, you represent and warrant that: (A) you have the legal capacity and you agree to comply with these Terms of Service; (B) you are not a minor in the jurisdiction in which you reside; (C) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (D) you will not use the Site for any illegal or unauthorized purpose; (E) you have not been previously suspended or removed from the Site by eVital; and (F) your use of the Site will not violate any applicable law or regulation
    • Additionally, in order to use the Site and access any Services thereto, you represent that any registration and account information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.
    • If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

  3. SERVICES
    • We provide you with access to the Site free of charge, but to enjoy the full benefits of the Site and certain features or functionality thereto, you may have to purchase/ subscribe https://www.evitalrx.in/home/privacy to certain Services, in which case you may have to download our mobile application or access our website and register your account with us. There may be special promotional plans, memberships, or services, including offerings of third-party products and services, which may be offered, from time to time. However, we are not responsible for the products and services provided by such third parties.
    • The Services will also be accessible via a mobile phone, tablet, or other wireless device (collectively, “Mobile Services”). Your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing of using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.
    • When creating an account with us, you must provide true, accurate, current, and complete information as we request. If there are any changes to the information you provide in connection with your account, you must update the applicable information promptly, and as necessary to keep it current and accurate. You represent to us that the information provided upon the creation of your account is accurate and that any email address you provide is an email address controlled by you.
    • You acknowledge and agree that you are fully responsible for all activities that occur through your account with us, so you should keep it secure. You agree to notify us on Contact Us, if you suspect or know of any unauthorized use of your said account or any other breach of security with respect to your account. We will not be liable for any loss or damage arising from unauthorized use of your account with us.
    • For better user experience, from time to time, we are refining and evolving our Services. Accordingly, we reserve the right to alter, amend, change, add to, suspend, retire or discontinue any aspect of the Services, at any point in time, without prior information. If you object to an applicable change for any reason, as a consequence of any update to the Services by us, your sole remedy is to stop using the Services

  4. THIRD PARTY SERVICES
    • We may link to or offer third party services on our Site or otherwise through the Services. Any purchase, enabling or engagement of such third-party services, including but not limited to implementation, customization and any exchange of information between you and your opted third-party services, is solely between you and the applicable third-party service provider and shall at all times be subject to the terms and conditions of such third-party service provider. Company does not warrant, endorse or support third party services and is not responsible or liable for the services provided by such third-party providers or any losses or issues that arise as a result of your use of such services. If you purchase, enable or engage any third-party services for use in connection with the Services, you acknowledge that the Company may allow such third-party providers to access your data/information used in connection with the Services as may be required for the interoperation of such third-party services with the Services. You represent and warrant that your use of any third-party service signifies your independent consent to the access and use of your data by the third-party service providers, and that such consent, use and access is outside Company’s control. Company will not be liable for any disclosure, modification or deletion of data resulting from any such access by third-party service providers.
    • As on the date of this Terms of Service, the Company provides the following third-party services and, in the event, you opt to engage any of them we highly encourage you to review their independent terms of service:
      1. Zoho Analytics - https://www.zoho.com/terms.html
      2. Google - https://play.google.com/about/play-terms/
      3. Apple, Inc - https://www.apple.com/legal/sla/
      4. Amazon, Inc - https://aws.amazon.com/service-terms/
      5. Cashfree - https://www.cashfree.com/tnc/
      6. One97 Communications - https://paytm.com/company/terms-and-conditions
    • Please note that the above list may not be conclusive or exhaustive and that the Company shall alter, amend, change, add to or suspend any of the third-party services to deliver its Services in a more efficient way.

  5. PRIVACY
    • You acknowledge and agree that to access/ use the Site and for performance of the terms it is essential that we process information about you and other users. Your privacy is important to us. Please read our Privacy Policy to learn how we may collect, use, share and store your information. The Privacy Policy is part of and is governed by these Terms, and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms. If you do not agree to the use of your personal information in accordance with our Privacy Policy, you should not access/ use or otherwise use any portion of the Site and/or the Services

  6. CONSENT TO COMMUNICATIONS
    • You have consented to receiving electronic communications from us, including emails, push notifications, and text messages. For more information about how we use your information please read our Privacy Policy.

  7. USER REGISTRATION & CONDUCT
    • Signing-up and Process of Member Account Creation
    • The Services includes, which provides the best cloud-based platform for customer relationship management, pharmacy billing and inventory management. If you are interested to make use of the Site and the Services you will have to first sign-up at the Site and submit true, complete, current and accurate information about yourself as prompted by the Site. The same will be subject to scrutiny and verification by us.
    • Only verified users will be able to use our Services. Such verification will be done by eVital via a two-step authentication process: Step 1: We collect your mobile number and will send a unique code to the inputted mobile number. Step-2: We collect your email address and will send a unique code to the inputted email address. You will be registered as a new user upon confirmation of the codes so received from you. In future, if you would like to change any of the registered information as provided to us, the same will be done only by verifying your registered email address
    • Notwithstanding the foregoing, eVital shall have no liability over the authenticity and genuiness of the information submitted and made available to eVital by way of the above-mentioned registration process. Further, we may provide you with access to some of the Services on our Site on a trial basis (without registering you as a User) for a limited period of time. In such cases as well, you agree that the information provided to us will be in accordance with this Terms of Service.
    • Protection
      Upon successfully registering with our Site, you agree to be responsible for ensuring that the user identification and password required for your access and use of the Services on the Site are kept safe and confidential. You will promptly notify us upon discovery if the security of your user identification or password may be compromised. eVital cannot be and will not be liable for any loss or damage arising from your failure to comply with this section.
    • Not an Offer
      Unless expressly stated otherwise, no description or information pertaining to the Services offered on the Site shall be construed as an offer by us or the relevant third party, but may constitute an invitation for you to subscribe/use. Once a request for a Service is placed (whether with us or with the relevant third party through us), the same shall be deemed concluded when we or the relevant third party have accepted your request for the same or have provided you with the Service pursuant to your request.
    • User Contributions
      We may provide you with the opportunity to create, submit, post, email, display, transmit, upload or publish content and materials to us or on the Site, including but not limited to text, writings, invoices, photographs, graphics, comments, suggestions, or personal information and any other material. Contributions may be viewable by us for research and development purposes. As such, any Contributions you transmit may be treated in accordance with the Privacy Policy of the Site.You acknowledge and agree that we may generate revenues, increase goodwill, or otherwise increase our value based on your use of the Site, and you will have no right to share in this revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from us with respect to your use of the Site and/ or any of your Contributions.
    • Representation and Warranties on your Contributions
      When you create or make available any Contributions, you, thereby, represent and warrant that:
      • The creation, distribution, transmission, display, and the accessing or downloading of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any party.

      • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service.

      • You have the written consent, release, and/ or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions, in any manner contemplated by the Site and these Terms of Service

      • Your Contributions
        a) are not false, inaccurate, or misleading.
        b) are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
        c) are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
        d) do not ridicule, mock, disparage, intimidate, or abuse anyone.
        e) are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
        f) do not violate any applicable law, regulation, or rule.
        g) do not violate the privacy or publicity rights of any third party.
        h) do not interfere with our ability to provide the Services or servers, networks connected to the facilitation of the Services, or disobey any requirement, procedures, policies and regulations connected thereto.
        i) do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical condition.
        j) do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
    • Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.
    • We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibilities and to refrain from any legal action against us regarding your Contributions. eVital reserves the right to remove any Contributions that we believe in good faith violates this Terms of Service or has been alleged to infringe any intellectual property or that is violative and objectionable in our sole opinion, without being liable to you for any loss or damage arising from such removal.
    • You also acknowledge that eVital may preserve and disclose your Contributions if required to do so by applicable law or if it reasonably believes in good faith to do so in order to enforce this Terms of Service, respond to claims against Contributions violating third-party rights, to improve customer service or protect the rights or property of eVital, its other users and public at large.
  8. SUBMISSIONS
    • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and/ or the Services (“Submissions”) provided by you to us are nonconfidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You, hereby, waive all moral rights to any such Submissions, and you, hereby, warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  9. INTELLECTUAL PROPERTY RIGHTS
    • Unless otherwise indicated, the Site is our proprietary property and all source code databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (including the Services) (collectively, “Content”), and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights laws of [India], international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site, and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, whatsoever, without our express prior written permission.
    • Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content, to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

  10. PROHIBITED ACTIVITIES
    • You may not access or use the Site and/ or the Services for any purpose other than that for which we make the same available. The Site (including the Services) may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
    • As a user of the Site (including the Services), you agree not to:
      • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
      • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
      • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/ or the Content contained therein.
      • Disparage, tarnish, or otherwise harm, in our opinion, us and/ or the Site.
      • Use any information obtained from the Site in order to harass, abuse, or harm another person.
      • Make improper use of our support services or submit false reports of abuse or misconduct
      • Use the Site in a manner inconsistent with any applicable laws or regulations.
      • Engage in unauthorized framing of or linking to the Site.
      • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interfere with the use, features, functions, operation, or maintenance of the Site.
      • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
      • Delete the copyright or other proprietary rights notice from any Content.
      • Attempt to impersonate another user or person or use the username of another user.
      • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
      • Interfere with, disrupt, or create an undue burden on the Site of the networks or services connected to the Site.
      • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion the Site to you.
      • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
      • Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
      • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
      • Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
      • Use a buying agent or purchasing agent to make purchases on the Site.
      • Make any unauthorized use of the Site, including collecting usernames and/ or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences
      • Use the Site as part of any effort to compete with us or otherwise use the Site and/ or the Content for any revenue generating endeavour or commercial enterprise.

  11. SITE MANAGEMENT
    • We reserve the right, but not the obligation, to: (A) monitor the Site for violations of these Terms of Service; (B) disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances determined by us in our sole discretion; (C) with or without prior notice, suspend or terminate your account if activities occur on your account which, in our sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Services, infringe or violate any third-party rights, damage our reputation, or violate any applicable laws or regulations; (D) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (E) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your ability to use any of our Services or any portion thereof; (F) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (G) otherwise manage the Site in a manner designed to protect our, our members, and third party rights and properties and/ or to facilitate the proper functioning of the Site.

  12. TERM AND TERMINATION
    • These Terms will continue to apply to you and remain in full force until terminated by either you or us. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION.
    • We MAY, in our sole discretion, without prior intimation or warning, terminate your use or participation in the site or delete any content or INFORMATION THAT YOU POSTED AT ANY TIME. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. eVital is and will not be responsible for any loss or damage arising to you from such termination of your use of the Site.
    • You may terminate these Terms of Service at any time, in which case you may not continue accessing or using the Site and/ or the Services. To learn how to terminate your account with us, please contact us.
    • If you or we terminate these Terms of Service, of if we suspend your access to/ use of the Site, you agree that we shall have no liability or responsibility to you, in any manner, whatsoever, and (except as expressly provided in these Terms of Service) we will not refund any amounts that you have already paid

  13. MODIFICATIONS AND INTERRUPTIONS
    • We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
    • We cannot guarantee the Site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability, whatsoever, for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

  14. DISCLAIMER
    • We make no promises, representations, warranties, or guarantees that the Site and/ or the Services will operate as intended. The Site and/ or the Services may not function as intended due to certain errors or other interruptions. By using the Site and/ or the Services, you understand and accept this risk and uncertainty.
    • THE SITE AND THE SERVICES ARE PROVIDED AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/ OR THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ OR ANY AND ALL PERSONAL INFORMATION AND/ OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/ OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  15. LIMITATIONS OF LIABILITY
    • IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OFFICERS, PARTNERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, GOODWILL, OR OTHER DAMAGES (INCLUDING INTANGIBLE DAMAGES) ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SITE AND/ OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE, WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR [INR/USD -].

  16. INDEMNITY
    • To the fullest extent permissible by law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, without limitation, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (A) use of the Site and/ or the Services; (B) breach of these Terms of Service; (C) any breach of your representations and warranties set forth in these Terms of Service; (D) your violation of the rights of a third party, including but not limited to intellectual property rights; and/ or (E) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.

  17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
    • Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU, HEREBY, AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
    • You, hereby, waive any rights or requirements under any statute, regulation, rule, ordinance, or other laws in any jurisdiction, which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.

  18. CORRECTIONS
    • There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

  19. GOVERNING LAW AND JURISDICTION
    • These Terms shall be governed by and defined following the laws of India. The Company and yourself irrevocably consent that the courts of [-] shall have exclusive jurisdiction to resolve any dispute, which may arise in connection with these Terms.
    • Any dispute or difference either in interpretation or otherwise, of these Terms and other policies on the Site, between you and eVital/ Company, shall be resolved by a sole arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceeding shall be conducted in English language. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat of arbitration shall be Ahmedabad, India
    • Without any prejudice to our rights set-out in these Terms, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its Content and Marks or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

  20. GENERAL
    • Entire Agreement: These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site and/ or the Services constitute the entire agreement and understanding between you and us.
    • Waiver: Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by applicable law.
    • Assignment: We may assign any or all of our rights and obligations to others at any time. You will not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party
    • Liable: We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
    • Severability: If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
    • Relationship: There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site and/ or the Services.
    • You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You, hereby, waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto, to execute these Terms of Service.
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