Terms Of Service
Last updated on August 18, 2023
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- These terms of service (“Terms”) govern the use of or access to an internal based portal available at https://traya.health/ on a computer device or a mobile device (“Website”), the “Traya” mobile application (“App”), and the Products and Services (defined below). The Website and App are collectively referred to as the “Platform”.
- These Terms include any rules, guidelines, policies, additional terms, or disclaimers made available or issued by us from time to time and such rules, guidelines, policies, additional terms, or disclaimers shall be deemed to be incorporated into, and considered as part and parcel of these Terms.
- These Terms constitute a binding and enforceable legal contract between Tatvartha Health Private Limited, with its corporate address at 1st Floor, Interface 16 Rd, Malad, Mindspace, Malad West, Mumbai, Maharashtra 400064 and registered address at (“Traya”, “we”, “us”, or “our”) and you, an end-user of our Products or Services (“you”). You represent and warrant that you (i) have full legal capacity and authority to agree and bind yourself to these Terms, and (ii) are of the age of majority or older in accordance with Indian law.
- By browsing, accessing or using the Platform or using/availing the Services or purchasing the Products, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all or any of these Terms or comply with the requirements herein, please do not access or use the Platform, purchase the Products, or use the Services. Use of the Platform is offered to you, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by us at our sole discretion and posted on the Platform, including by way of imposing an additional charge for access to or use of a service(s).
- The Platform is operated, and Services and Products are offered in compliance with the laws in India. If you access our Services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. We make no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Any user who uses or accesses the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit. Where you use any third-party website or the products or services of any third party, you may be subject to alternative or additional terms and conditions of use and privacy policies.
2. OUR SERVICES AND PRODUCTS
- Services: The Platform allows you to access and purchase the Products, connect with hair coaches through chat features or calls, undertake paid consultations with medical practitioners, undertake and obtain hair health assessments, receive diagnoses/feedback, get access to certain medical practitioners prescribed Products, get Product recommendations, avail customized plans, receive free trials of the Platform, track your hair progress, and any other services as may be made available by us on the Platform from time to time (all the services described here, including the provision of the Platform and its features, collectively constitute the “Services”).
- Products: The Platform facilitates online purchase of a wide range of hair care, hair growth, and other health-related pharmaceutical products, food products like nutraceuticals and food supplements, ayurvedic medicines etc. (“Products”) sold by Traya from its licensed premises. The Products may be eligible for returns or exchanges in accordance with our Return, Refunds and Cancellation Policy.
- Sale of Products –
- Listing and displaying a Product by us on the Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the Platform by you is your offer to buy the Product(s) from us.
- Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
- We only accept your offer and conclude the contract of sale for Products ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation and/or confirmation to your registered mobile number is sent stating that the Product has been shipped or dispatched (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
- If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
- Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
- Please note that we dispense Products only in quantities which correspond to requirement as per the e-prescription.
- All orders placed on the Platform are subject to the availability of such Products, our acceptance of your offer as per the above and your continued adherence to these Terms and other conditions as may be specified under applicable law.
- You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.
- The Platform allows you to purchase the Products (prescription medicine) against a valid medical prescription issued by a medical expert/ medical practitioner to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Platform.
- Completion of Sale: Upon acceptance of the offer by us, the Products would be dispensed at the pharmacy (being the brick-and-mortar pharmacy), in accordance with the terms of the order placed by you. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the retail pharmacy, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the Products ordered by you shall stand immediately transferred to you upon the dispensation of Products. Accordingly, the sale of Products is concluded at the concerned retail pharmacy itself. The invoice in relation to the Products, that are required to be delivered to you shall be issued by us.
- Purchase and Shipment of Products: We reserve the right to refuse any order for Products you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. All Products shall be prepared for shipment in a manner that is adequate to ensure safe dispatch and arrival. Please note that there may be delays in delivery due to reasons beyond our control as detailed in Section 9(k). We will not be responsible for delays in delivery due to reasons beyond our control. You will receive all notifications by e-mail and SMS regarding the order details and the probable dispatch date.
- Drugs Delivery: The Products shall be delivered by us or independent contractors. You accept and acknowledge that the courier/ delivery personnel, engaged by us, shall be your agent for the delivery of the Products to the address notified by you, with no control over the Products and no additional obligation apart from standard delivery obligations and duty of care. You further agree and acknowledge that such courier/ delivery personnel acts as your agent. The services are being undertaken by your agent with your consent and therefore we are merely facilitating this and will have no liability or responsibility in this regard.
- Terms for Availing Customized Plan:
- Traya provides an online portal to the users for availing hair wellness solutions and services by facilitating a customized hair plan for the users from hair coaches and registered medical practitioners pursuant to a hair test, consultation and further diagnosis (“Customized Plan”)
- The users who intend to avail themselves of a Customized Plan have to take a hair test on the Platform (“Hair Test”). The users have to answer a series of questions consisting of health-related information. The users may also be required to provide additional information such as scalp images, food habits, diagnostic test reports, family medical history etc. depending on a case-to-case basis. The user understands and agrees that the user has to provide accurate, correct, true and up-to-date information during the Hair Test and otherwise.
- Pursuant to the Hair Test, the users are suggested a Customized Plan. Once the user confirms, we proceed to get the payments in relation to the Customized Plan. Please note that the delivery of the Products further to Customized Plan is contingent on the review and approval of your Customized Plan by a registered medical practitioner. As stated above, the contract of sale will get complete only when the Products are shipped or dispatched to you and an e-mail confirmation and/or confirmation to your registered mobile number is sent stating that the Product has been shipped or dispatched.
- The Customized Plan shall contain instructions for the user to follow along with the Products that are to be consumed by the user, the dietary and lifestyle habits that the user will have to follow etc. After the delivery of your Customized Plan, a hair coach may also reach out to you to help you understand the Customized Plan, guide you on how to take the Products and any other instructions that you may have to follow during your course.
- Terms for Online/Tele Consultation -
- We facilitate provision of healthcare products and services to the users. The words “medical practitioner” or “doctor” or “registered medical practitioner” or similar words on the Platform, shall mean any registered medical practitioner (RMPs) with whom the user has a doctor-patient relationship. Any consultation services availed through the Platform are fulfilled by third party RMPs. These third party RMPs are not related to us but merely provide their services to you with your consent.
- We hereby explicitly state that we do not provide any kind of telemedical consultation to the users/You. You acknowledge that the content, text, data, graphics, images, information, suggestions, guidance, blogs, information and other materials that is provided to you on the Platform should be used for information purposes only and do not constitute medical advice and should not be relied upon as a substitute for sound professional medical advice, evaluation or care from a doctor except for any advice, information or direction obtained by you directly from the doctor.
- You agree and acknowledge that the third party RMPs are independent contractors, whose services are being availed by you upon your explicit consent and hence, we, in no event, shall be directly or vicariously liable for any advice, medical consultancy or any other loss arising pursuant to your engagement with such third party RMPs. Your reliance on such third party RMPs is solely your responsibility and at your sole discretion, and we assume no responsibility and/or liability in relation to your consultation/communication with such third party RMPs, including but not limited to the quality of services offered by such third party RMPs, which shall at all times be at your sole risk and responsibility. In the event of any non-compliance or malpractice by any such third party RMPs, you affirm that you will bring to our immediate attention, any such incidence, for us to take necessary actions required under applicable laws and raise it with the third-party service providers. Further, you affirm that You shall not take any action against us for any acts (or omission) of the RMPs.
- it is your responsibility for ensuring that the information submitted is accurate and we shall not make any effort to validate any information provided by you for using the Services. The opinions, statements, consultation via digital mode provided by the third party RMPs shall not reflect our opinions, our affiliates etc. We make no warranty that the Services will meet Your requirements, or that the Service will be uninterrupted, timely, secure, or error free. This includes loss of data, or any service interruption caused by our employees. Traya is not responsible for transmission errors and corruption of data.
- NO DOCTOR-PATIENT RELATIONSHIP: Traya does not replace your relationship with physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider.
- You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Platform or while availing Services (including Information provided in direct response to your questions or postings or communications/discussions with hair coaches) may be provided by individuals in the medical, health and wellness profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform you on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Platform should be used for information purposes only.
- The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore, we strongly discourage any delay in seeking advice from your doctor on account of something that you may have heard/viewed on the Platform.
- The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the medical practitioners through the Platform are solely the individual and independent opinions and statements of such medical practitioners and do not reflect the opinions of Traya, its affiliates.
- The exchanges between the medical practitioners or the hair coaches and the users through the chat window or over telephone (as the case maybe) and the e-prescription would be accessible to Traya for the purposes of monitoring the quality of the consultation and for providing the Products and Services.
3. ELIGIBILITY OF USE
- Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Platform. The Products shall also not be available to any users suspended or removed from our system for any reason whatsoever. If you do not conform to the above qualification, you will not be permitted to put a requisition for the Products or the Services through the Platform.
- By accessing and using the Platform or availing the Services, you represent that you are an Indian national, located in India, are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the Services, through your legal guardian in accordance with the applicable laws. We reserve the right to cancel your account and / or refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are under the age of 18 years. We reserve the right to refuse access to use the Services to new users or to terminate access granted to existing users at any time without according any reasons for doing so and you shall have no right to object to the same.
- You shall not have more than one active Account (defined below). Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.
4. ACCOUNT CREATION
- To use certain features of the Platform or avail the Services or purchase the Products you will have to register with us and create an account (“Account”).
- You are solely responsible for (i) maintaining the confidentiality of your Account and password and for restricting access to your device; (ii) for all activities that occur under your Account or password. You agree to immediately notify Traya of any disclosure or unauthorizedunauthorised use of your Account or any other breach of security; (iii) non-compliance with the Telemedicine Practice Guidelines dated March 25, 2020, or any other applicable laws, rules, regulations and guidelines as may be notified from time to time and (iv) ensure that you exit / log out from your Account at the end of each session. We are not liable for any loss or damages that may arise from your failure to ensure the confidentiality of your account or password.
- You warrant that all information furnished in connection with your Account is and shall remain complete, up to date, accurate and true in all respect and agrees that you shall promptly update your details on the Platform in the event of any change or modification.
- You will be responsible for maintaining the confidentiality of the Account and information thereto and are fully responsible for all activities that occur under your Account. The transaction and delivery of the Products or availing the Services may also be subject to procedures for use of the Platform, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
- We cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph 4. You may be held liable for losses incurred by us or any other user of or visitor to the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential or otherwise. The Platform also allows / shall allow restricted access to the Platform for unregistered Users. Use of another user's Account for availing the Services or Products is expressly prohibited. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform by you.
- You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Platform. We will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/Account details for using the Platform.
5. PAYMENT TERMS
- Accuracy: Subject to applicable laws, prices are subject to change by us without notice to you. We strive to provide accurate product and price information; however, pricing errors may occur from time to time.
- Full Price: Unless otherwise stated at the time of checkout, you agree to pay the full price of the Product and/or the Services. Offers and discounts will be offered at our sole discretion. We reserve the right to refuse or cancel applications of offers and discounts for your order.
- Wrong Pricing: We cannot confirm the price of the Product and/or the Service until you place an order. If a Product/Service is listed at an incorrect price or with incorrect information due to any technical error, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product/Service, unless the Product/Service has already been delivered. In the event that an item is wrongly priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Products in your shopping cart of the Platform will reflect the most recent price as displayed on the Product’s information page on the Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may vary between the time you place it in your shopping cart and the time you place the order. The price as applicable at the time of placing order shall be final.
- Returns/Cancellation: Your eligibility for returns/cancellation will be in accordance with our Returns, Refund and Cancellation Policy.
- Taxes: The prices/fee are exclusive of applicable taxes. These shall be added to your invoice at checkout as applicable. Each User / third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. We shall in no way be responsible for any of the taxes except for our own taxes.
- Shipping or any other additional charges: Shipping or any other additional charges (if applicable) are automatically added to your invoice as per standard rates and shall be displayed on the Platform.
- All commercial terms such as price, delivery, dispatch of Products and/or services are as per principal-to-principal bipartite contractual obligations between you and Traya.
- Refund shall be subject to user complying with these Terms.
- We reserve the right to refuse to process orders/requisitions from users with a prior history of questionable charges including without limitation breach of any agreements by user with us or breach of any policy.
- You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s) by you. You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
- Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving us.
- Payment Processor: In order to process the payments for your orders, we may require details of your bank account, credit card number, etc. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and we are not responsible for any loss or damage caused to you/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond our control. We use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processors in addition to these Terms. We shall not be liable for any error by the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in accordance with the terms of the Payment Processor.
- Money Back: The user may check the detailed terms and conditions and the eligibility criteria at traya.health.
6. THIRD PARTY SERVICES
- The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.
- Traya makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
7. YOUR RESPONSIBILITIES
- You represent and warrant that all information that is provided on/through the Platform or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services or the Products. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to Traya’s notice. Traya does not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, untrue, or misleading, or if you fail to disclose any material fact.
- You shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
- You shall extend all cooperation to Traya in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
- You shall not use the Platform or avail, the Services/Products in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
- infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, duplicate, sell, resell, store, transmit, post, translate, create any derivative works from, or license the Services;
- use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
- use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
- engage in the systematic retrieval of content from the Platform or the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- upload or transmit any information or content that is obscene, pornographic, paedophilic, immoral, invasive of another’s privacy, or is relating or encouraging money laundering or gambling, an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
- act in an abusive or threatening manner or use abusive or threatening language on or through the Platform;
- upload or transmit information or content that is harmful to children or that impersonates another person, or deceive or mislead any addressee about the origin of a message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Indian government, is identified as fake or false or misleading by the fact check unit of the Indian government;
- threaten the unity, integrity, defensedefence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offenseoffence, or prevent investigation of any offenseoffence, or insult another nation in any manner;
- upload or transmit any information or content in the nature of an online game that is not verified as a permissible online game under Indian laws or is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;
- use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
- violate applicable laws or solicit others to violate applicable laws in any manner.
- You agree that you shall cooperate with us to develop and share testimonials, anonymous case studies, marketing materials, and measurement criteria for the value, benefits, and cost savings derived from the Platform, Products, and the Services.
8. INTELLECTUAL PROPERTY RIGHTS
- All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platform are our property or our affiliates (“Company Content”), and are protected under copyright, trademark and other applicable laws.
- The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of Traya or its third party partners or respective third parties. You are not permitted to use the Marks without our prior consent and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, We own all intellectual property rights in and to the trademark “Traya”, domain name “traya.health”, and the Platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- .All Product names, whether or not appearing with the trademark symbol, are trademarks that belong to us unless otherwise stated by us. The use or misuse of these trademarks or any other materials, except as permitted in these Terms, is expressly prohibited and may be in violation of copyright law, trademark law, and any other applicable law.
- The contents of this Platform are subject to copyright protection. The contents of the Platform may not be copied, recopied, reproduced, or otherwise redistributed. You should not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Platform or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without our express written consent or as otherwise permitted in these Terms.
- Traya may request you to submit suggestions and other feedback, including bug reports, relating to the Products or Services from time to time (“Feedback”). Traya may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights. You hereby waive any rights you may have that arise out of such Feedback and agree to execute such documentation as Traya may request to give effect to Traya’s rights under this clause.
- You may upload or submit certain information, content, submissions, ideas, suggestions, proposals, plans, or other material, whether with or without our request (collectively, “Content”). You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use, display, store, host, communicate, make available, modify, adapt, translate, and create derivative works of the Content (i) for the functioning of and in connection with the Platform, the Services, or the Products; and (ii) in order to facilitate tele consultation with the medical practitioners and share information with them and hair coaches.
- Your use of the Platform, the Services, and access to the Company Content is subject to a limited, revocable and non-exclusive license which is granted to you when you register on the Platform. You will use the Platform solely for availing Services, identifying Products, carrying out purchases of Products and processing returns and refunds, for your personal use only and not for business purposes.
- The license granted to you does not include a license for: (a) resale of Products or commercial use of the Platform or the Company Content, (b) any collection and use of product listings, description, or prices, (c) any use of the Platform, the Services and/or of the Company Content other than as contemplated in these Terms, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Platform, (e) creating and/ or publishing your own database that features parts of the Platform.
- Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or licenselicence to our or any third party’s intellectual rights.
9. TERM AND TERMINATION
- These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
- Traya may terminate your access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if you violate or breach any of its obligations, responsibilities, or covenants under these Terms.
- Upon termination under Clause 8(b):
- the Services will “time-out”;
- you shall not be eligible to avail any features of the Services or purchase the Products; and
- these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
- Notwithstanding anything to the contrary contained in the Terms, upon termination of your access to or use of the Services, all amounts, or outstanding monies due by you in relation to your use of or access to the Services, or purchase of the Products shall become immediately payable.
- All other rights accrued before the termination shall continue to remain valid after such termination and clauses which by their nature survive such termination shall continue to remain valid and binding.
10. DISCLAIMERS OF WARRANTIES AND LIABILITIES
- The use of the Services or the Products is at your sole risk.
- To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. Traya does not warrant that operation of the Platform or availability of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements. Without limiting the foregoing, Traya makes no warranty that (i) the Platform or the Services will meet your requirements; (ii) the results that may be obtained from the use of the Platform, Services or materials will be effective, accurate or reliable; (iii) the quality of the Platform, Services or other materials will meet your expectations; or that (iv) any errors or defects in the Platform, Services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from us or through or from use of the Services shall create any warranty not expressly stated in the Terms.
- To the maximum extent permitted by applicable law, Traya will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Traya also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
- Traya has endeavoredendeavoured to ensure that all the information on the Platform is correct, but Traya neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Traya shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Traya shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Traya's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Platform, 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. Traya is not responsible for any typographical error leading to an invalid coupon. Traya accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
- To the fullest extent permissible under applicable law, Traya expressly disclaims all warranties of any kind, express or implied, arising out of the Services and the Products, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
- You hereby accept full responsibility for any consequences that may arise from your use of the Services or the Products, and expressly agree and acknowledge that Traya shall have absolutely no liability with respect to the same.
- To the fullest extent permissible by law, Traya, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
- your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;
- the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorised access to Trayaʼs records, programmes, services, server, or other infrastructure relating to the Services.
- the failure of the Services to remain operational for any period of time; or
- the collection or processing of your personal information by Traya.
- Notwithstanding anything to the contrary contained herein, neither Traya nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under, directly, or indirectly, or relating, in any manner whatsoever, in relation to the use of the Platform, these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless Traya, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of use of the Platform or the Services.
- We are not liable if your access or use of the Platform or the Services is affected by incompatible hardware or an insecure internet connection.
- You understand that your data may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that the material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Platform is at your own risk.
- You acknowledge and agree that Traya is a mere technology platform and is not engaged in the provision of medical or healthcare services.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR ANY OTHER INFORMATION THAT MAY BE PROVIDED THROUGH THE PLATFORM. ANY CONTENT AVAILABLE ON THE PLATFORM IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE EITHER AN ADVERTISEMENT OR PROMOTION OF ANY DRUG BEING OFFERED FOR SALE OR ANY PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATION OF ANY KIND. YOU ARE RESPONSIBLE FOR CONDUCTING YOUR OWN DUE DILIGENCE, INVESTIGATION, VALUATION, AND EVALUATION OF THE SERVICES INCLUDING ANY PRODUCTS AVAILABLE THROUGH THE SERVICES.
- Traya provides the Services and the Products in compliance with laws applicable in India. We are not responsible for any differences between such rules and any different rules applying to healthcare services in any country other than India. If you are accessing or using the Services or the Products outside the territory of India, it is your sole responsibility to ensure whether it is lawful to access the Services or the Products in the territory where you are located. Traya shall have no liability in this regard.
- We shall have no liability to you if we are prevented from or delayed in performing our obligations or from carrying on our business, by acts, events, omissions or accidents beyond our control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or subcontractorssub-contractors.
- The third party registered medical practitioners will not be examining you physically and may not have access to all or some of your medical history that might be critical to consult you. The third party registered medical practitioners will not have the benefit of information that would be obtained by examining you in person, observing your physical condition and by going through your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the third party registered medical practitioners may not be aware of facts or information that would affect his or her opinion of your diagnosis. You acknowledge and agree, by requesting a consultation through the Platform, that-
- the advice/information/opinion on diagnosis you may receive could be limited and provisional;
- in case of a second opinion, where there is a difference of opinion among our third party registered medical practitioners and your physician, you would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
- the third party registered medical practitioner is reliant on information provided by you and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion, consultation, test results, and all details therein null and void;
- in some events, the third party registered medical practitioners may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
- in rare cases, the third party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/ Users and the consultation may be refused forthwith;
- in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
- delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms.
11. NOTICE AND TAKEDOWN
If you believe that any Content on the Platform is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelouslibellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign states; or which consists of or contains software viruses or violates any of the Terms, please notify us immediately at the contact information provided below. As soon as you inform us, we will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.
12. INDEMNITY AND LIMITATION OF LIABILITY
- You shall indemnify, defend at Traya’s option, and hold Traya, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneysʼ fees) due to or arising out of your access to the Services, availment/ use of the Services, use of the Products, violation of these Terms, violation of applicable laws, or any violation by any third party who may use your Account, of these Terms.
- Notwithstanding anything to the contrary, in no event, our aggregate liability, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
13. CONSENT TO USE DATA
14. MODIFICATION OF SERVICES AND PRODUCTS
Traya reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) or any and all of the Products with or without cause. Traya shall not be liable for any such addition, modification, suspension, or discontinuation of the Services or the Products.
15. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION
- These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Mumbai, India shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
- Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Ahmedabad in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (One) arbitrator appointed by Traya. The language of the arbitration shall be English.
- The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
- Each party to the arbitration shall bear its own costs with respect to any dispute.
Grievance Redressal: You may contact us by writing to our Grievance Officer/Customer Care at the address provided below:
Name: Zahra Lokhandwala
Address: 1st Floor, Interface 16 Rd, Malad, Mindspace, Malad West, Mumbai, Maharashtra 400064
Email Address: firstname.lastname@example.org
Mobile Number: +91 88280 06272
- Modification: Traya reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Platform or availment of the Services or Products. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
- Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
- Assignment: You shall not licenselicence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without Trayaʼs prior written consent. Traya may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. Traya may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
- Notices: All notices, requests, demands, and determinations for Traya under these Terms (other than routine operational communications) shall be sent to email@example.com.
- Third-Party Rights: No third party shall have any rights to enforce any terms contained herein.
- Waiver: Any failure by us to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by us of that provision or right
- Force Majeure: We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.