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Mydailymeal , on behalf of itself and its affiliates/group companies under the brand "Mydailymeal" (“Mydailymeal”), is the author and publisher of the internet resource www.mydailymeal.com and the mobile application ‘Mydailymeal’ (together, “Website”). Mydailymeal owns and operates the services provided through the Website.
  1. NATURE AND APPLICABILITY OF TERMS
    • Please carefully go through these terms and conditions (“Terms”) and the "Privacy Policy"before you decide to access the Website or avail the services made available on the Website by Mydailymeal. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Mydailymeal in connection with your visit to the Website and your use of the Services (as defined below). The Agreement applies to you whether you are - A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or Otherwise a user of the Website (“you” or “User”). This Agreement applies to those services made available by Mydailymeal on the Website, which are offered free of charge to the Users (“Services”), including the following: For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website; For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Mydailymeal, and (iii) to make appointments with Practitioners. The Services may change from time to time, at the sole discretion of Mydailymeal, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time. This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@mydailymeal.com. By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. Your access to use of the Website and the Services will be solely at the discretion of Mydailymeal. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
  2. CONDITIONS OF USE
    • You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Mydailymeal that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
  3. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
    • As mandated by Regulation 3(2) of the IG Rules, Mydailymeal hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that: belongs to another person and to which the User does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    • Users are also prohibited from: violating or attempting to violate the integrity or security of the Website or any Mydailymeal Content; transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Mydailymeal; intentionally submitting on the Website any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website; copying or duplicating in any manner any of the Mydailymeal Content or other information available from the Website; framing or hot linking or deep linking any Mydailymeal Content. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
    • Mydailymeal, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 3.1 and 3.2. Mydailymeal shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
    • In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Mydailymeal has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
    • Mydailymeal may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Mydailymeal to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Mydailymeal as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Mydailymeal or any person on its behalf and the User or where the User has consented to data transfer.
    • Mydailymeal respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
  4. TERMINATION
    • Mydailymeal reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where, Such User breaches any terms and conditions of the Agreement; A third party reports violation of any of its right as a result of your use of the Services; Mydailymeal is unable to verify or authenticate any information provide to Mydailymeal by a User; Mydailymeal has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or Mydailymeal believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Mydailymeal or are contrary to the interests of the Website.
    • Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
  5. LIMITATION OF LIABILITY
    • In no event, including but not limited to negligence, shall Mydailymeal, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for: provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website; any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website; any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Website or the Service. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
  6. RETENTION AND REMOVAL
    • If a User has any questions concerning Mydailymeal, the Website, this Agreement, the Services, or anything related to any of the foregoing, Mydailymeal customer support can be reached at the following email address: support@mydailymeal.com or via the contact information available from the following hyperlink: www.mydailymeal.com/contact.
  7. APPLICABLE LAW AND DISPUTE SETTLEMENT
    • You agree that this Agreement and any contractual obligation between Mydailymeal and User will be governed by the laws of India.
    • Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Mydailymeal. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
    • Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
  8. CONTACT INFORMATION GRIEVANCE OFFICER
    • If a User has any questions concerning Mydailymeal, the Website, this Agreement, the Services, or anything related to any of the foregoing, Mydailymeal customer support can be reached at the following email address: support@mydailymeal.com or via the contact information available from the following hyperlink: www.mydailymeal.com/contact.
    • In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Mr Arpit Gupta Email: support@mydailymeal.com In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
  9. SEVERABILITY
    • If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
  10. WAIVER
    • No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Mydailymeal. Any consent by Mydailymeal to, or a waiver by Mydailymeal of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
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