Terms of Service
FeedsInfo.com (also referred as "we", "our", "us", "Company" in this document), is privately owned, and offers software and services, which include, accessing or using any of our apps or mobile apps (under developer account email@example.com) and any websites (FeedsInfo.com, FeedsLearning.com) (collectively referred as "Platform" or "App"), subject to following Terms of Service:
Code of Conduct
The User shall ensure that his/her conduct is not in violation of any prevailing and applicable laws, rules and regulations, , including but not limited to the following:
The Terms Of Service, as herein stated and as modified/amended/changed by the App from time to time, shall be legally binding and enforceable on all the Parties.
Nature of Service & Limitations
• No Service Provider-Consumer Relationship between Us
- We do not provide services. We merely provide a technology platform and infrastructure that enables you to connect with participating service provider listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with others ("Communication Tools") to avail services directly from providers to you.
- SP have self declared that they are duly qualified to provide services listed by them. While we make reasonable enquiries to confirm the veracity of this representation made to us by the service providers, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any SP or make any representations or warranties with respect to the quality of the services they may provide to you.
- We are not responsible for the accuracy of the results of any Self - Assessment Tests made available as part the Service. These tests are solely for information purposes to suggest on situations and probable recommendations to users.
• Limitations of Online
- When you seek services with any SP using the Communication Tools made available through the Service, you understand the limitations and potential risk of online services, including but not limited to delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, and the inherent risks of breach of privacy associated with sharing your sensitive personal information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the SP relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over telecommunication services. Therefore, before sharing any information or acting on any information or advice offered to you by or through the Service, you should confirm that you have understood and accept the associated limitations and risks.
- The transmission, storage and/or retrieval of data and information and the provision of the Service through the internet is subject to a variety of factors beyond our reasonable control, including any interruption or unavailability of third-party telecommunication services used to host / provide the Service. In no event will we be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond our reasonable control.
• No Sale or Offer to Sell Products, Items, Drugs /Medicines
- We do not distribute, sell, stock, exhibit or offer for sale any Products, Items, drugs or medicinal preparations and merely allow you to use the functionality offered by the Service to transmit orders for Products, Items, , drugs / medicinal preparations to third party merchants and pharmacies through us and pay for your purchases through us. All offers for sale; orders and the sale of Products, Items, drugs / medicinal preparations shall be between you and the concerned third-party merchant or pharmacy and we shall not be a party to the said transaction. Therefore, we shall not be responsible or liable for any defect or deficiency in the goods or the service provided to you by SP.
- User understands and agrees that the App is merely a technology platform and the products, items, medicines and pharmaceutical products are sold by respective Merchants. App shall not be held responsible in any manner for any error or omission or act committed on part of the Merchant.
Use of Service
• You agree to use the Service (including the Communication Tools) only in accordance with these Terms and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden or impair our computer systems or interfere with any other party's use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
• Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
- impersonates 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; or
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
• You are solely responsible for all information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive provider-consumer confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service.
Fair usage policy
The Services of Company cannot be used for personal gains or in conjunction with any commercial activity including but not limited to using on the application. Company reserves the right to limit, suspend, disable or discontinue your Service in the event that it is discovered that the Service is being used in conjunction with any commercial activity including but not limited to using on the application or for commercial gains or misuse of service for not intended purpose.
Terms Of Service:
Without limiting any other provisions of these Terms, you may not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Application may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.
Payment for Service
The App shall undertake necessary processes to secure the data provided by the User. The App currently transmits data in transit via SSL Security Protocols.
The App shall diligently undertake processes and procedures to protect the privacy of the data collected from the User.
The App shall not be liable for the disclosure of sensitive personal data or personally identifiable data by the User.
The App shall not be liable for the disclosure of sensitive personal data or personally identifiable data caused due to circumstances beyond the control of the App.
Refusal of Services
The App reserves the right to refuse its services to any of the Parties for any reason whatsoever.
The App also reserves the right to refuse services if the User fails to adhere to or violates the Terms Of Service or any change/amendment/modification made to the Terms Of Service or does any act or omission including but not limited to resulting in harassment or misconduct by the User.
In the event that the User has availed the services of the App to secure an appointment with the SP and subsequently the SP refuses to provide his/her services to the User, the App shall not be held liable.
In the event User makes avail the App to unauthorised Users other than what is agreed in the App.
The App shall have the right to terminate the contract if the User violates the Terms Of Service as stated herein.
The App further reserves the right to terminate the contract with the User without any further liability for whatsoever reason stated under the Terms Of Service and hereunder including but not limited to:
The App shall retain the right to terminate this agreement for convenience, with or without giving notice to the User.
Third Party Links & Advertisements
The App shall not undertake warranty for any loss/damage/injury caused to the User or to any other person for whom such services were availed, in the course of service provided by the SP.
The App shall not be liable for any acts or omissions of the SP which amount to negligence/ professional misconduct/ deficiency in service/ violation of any law in force.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THE SERVICES, FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE SERVICES, ANY SERVICESS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, HETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
Each Party (Indemnifying Party) shall indemnify the other Party (Indemnified Party), any damage, loss or harm caused by negligence, fraud, misrepresentation or wilful misconduct of the Indemnifying Party amounting to breach of the Terms Of Service, from and against any action, claim or proceeding brought by a Third-Party.
Nothing in this Terms Of Service shall be taken to exclude or limit User's liability under or arising out of the Terms Of Service or use of the App whether based in contract, tort (including negligence and strict liability) or otherwise to the extent that such liability cannot be excluded by law.
The Terms Of Service shall comprise the entire agreement between the Parties and shall define the rights and obligations of the respective Parties with regard to the subject-matter of the Terms Of Service.
The Terms Of Service shall override and extinguish any previous agreements and understandings among the Parties, whether oral or written, in relation to the subject matter hereof.
The Parties to this Agreement shall not transfer their rights or obligations, either in whole or in part, as envisaged in the Terms Of Service to a Third Party without the explicit written consent of the other concerned Parties to this Agreement.
The Parties shall be required to communicate any notices, requests, demands and/or other communications related to the subject-matter of the Terms Of Service with the other Party in writing, either by post or by electronic mail.
The said written communication shall be deemed to be complete and effective:
The said communication shall contain the name, contact number, and address of the Sender.
Jurisdiction, Mediation, and Arbitration
The disputes arising in relation to the subject matter of the Terms Of Service shall be first submitted to Mediation in Pune. If the dispute remains unresolved, it shall be submitted to Arbitration in Pune to be adjudicated by sole Arbitrator appointed by Company. The award by the said Arbitrator shall be final and binding to all the parties herein.
The adjudicating authorities of Pune shall have exclusive jurisdiction over all disputes arising out of the Terms Of Service.
The App shall not be liable for any advertising representations made by the Third Party and/or the quality and authenticity of the products or services advertised.
The App does not endorse or support the content of Third Party Advertisements.
The contents of the advertisement are meant only for commercial and promotional purposes. The App shall not be responsible for any harm, damage or loss caused by reliance on such representations that amount to puffery.
Any clause or part of a clause of the Terms Of Service which is found to be illegal, void or unenforceable due to the law in force or by a decision of any competent Court of law, shall be deemed ineffective and severed from the rest of the Terms Of Service
The obligations of the Parties under the Terms Of Service with regard to the maintenance of confidentiality and privacy of sensitive personal data or personally identifiable data shall survive the termination/completion/lapse of the Terms Of Service
The Parties acknowledge and agree that any information provided in relation to the User's sensitive personal information or personally identifiable information shall be confidential. Such confidential information shall not be communicated to a Third Party without the consent of the User unless
The App reserves the right to effect any change, amendment or modification to the Terms Of Service, with or without notice to the User. The said change, amendment or modification shall be applicable to and enforceable by all the Parties as a part of the Terms Of Service, from the date such change, amendment or modification is published by the App.
The Terms Of Service prior to the change, amendment or modification shall cease to exist and shall be deemed to be supplanted by the changed, amended or modified Terms Of Service. The changed, amended or modified Terms Of Service shall thereafter govern the rights and obligations of the Parties.
The App shall not be liable for any delay caused in performance or non-performance of any part of the Terms Of Service arising out of circumstances beyond the control of the App and not due to willful misconduct, fraud, misrepresentation or negligence of the App.
The circumstances beyond the control of the App shall deem to include, but is not limited to, interruptions, difficulties, loss or malfunction of utilities, software or hardware; Acts of God; Civil Unrest; War; etc.
The Parties shall comply with all relevant laws, bye-laws, rules, regulations, orders, notifications, judgments and decrees in force, applicable to it and its business operations enforced either by the Union Government and/or by the respective State Governments, in their respective jurisdictions.