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Terms of Use

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  1. GENERAL
  2. DEFINITIONS
  3. USER OBLIGATIONS AND RESPONSIBILITIES
  4. WARRANTIES AND LIMITATION OF LIABILITIES
  5. MANAGING CONTENT
  6. INDEMNITY
  7. TERMINATION OF SITE ACCESS
  8. COPYRIGHT POLICY
  9. VIRUSES
  10. INTELLECTUAL PROPERTY
  11. JURISDICTION & MISCELLANEOUS
  12. PRIVACY POLICY
  13. PRIVACY STATEMENT
  14. E-MAIL, SMS & TELEPHONE CALLS
  15. CALL & IP LOGS

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL YOUR PHYSICIAN OR EMERGENCY SERVICES

These terms of use are entered into by and between You and KAYAKALP Global (Hereinafter referred to as KAYAKALP). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Use”) govern your access to and use www.kayakalpglobal.com (Hereinafter referred to as theWebsite”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user. This Website is offered and available to users who are 18 years of age or older. If you do not meet this requirement, you must not access or use the Website.

Please read the Terms of Use carefully before you start to use the Website. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

By registering, subscribing or using this Site or any Service of Kayakalp on the site, you signify your agreement to these terms of use. If you do not agree to these Terms of Use, please do not use this Site or Service.

  1.     GENERAL

1.1    The website “www.kayakalpglobal.com” is hosted and maintained by KAYAKALP through its technology partner.

1.2    KAYAKALP is a world renowned Clinic offering expertise in integrated medicine. It provides a unique blend of Indian Ayurvedic and modern Allopathic medicine under one roof as and when necessary, through registered medical practitioners. At KAYAKALP we have expertise in both allopathic and Ayurvedic branches of medicine and providing medical advice based on the symptoms of the patient. The doctors at KAYAKALP will at their sole discretion decide whether to prescribe Allopathic or Ayurvedic Medicine/ Treatment depending on the severity of the disease of the patient.

1.3    KAYAKALP reserves the right, in its sole discretion, to change, modify or omit any term and condition mentioned herein. In an event of change, if any, shall be posted on the website. Any changes are effective immediately upon posting to the Site and your continuous use thereafter would amount to an unconditional acceptance of the new terms and conditions. In case the user does not wish to comply, the use of the website can be ceased or terminated by you forthwith.

1.4    KAYAKALP exclusively reserves the right, in its sole discretion, to not accept a user or patient from availing the services of KAYAKALP without assigning any reason thereof.

1.5    KAYAKALP Global’s foremost objective is to render service to humanity whilst keeping the interests of the patients as the prime concern. Physicians here are diligent and prompt in delivering their duties. The registered medical practitioners aim to discharge their obligations and duties to the best of their abilities, with utmost dignity, pure character and honour in order to maintain the highest standards of the medical profession while practicing Ayurveda and Allopathic medicines.

1.6    We at KAYAKALP global, observe the laws and regulations of the country regulating the practice of medicine in its utmost regard. All the services are in accordance with the legal provisions, professionalism with ethics and for the best interest of the humanity, patient and the family.

1.7    We are ever ready to serve our patients and accord them highest medical standard of medical treatment possible without any forms of discrimination be it social or medical.

1.8    KAYAKALP does not promote or encourage any kind of solicitation, either directly or indirectly as it deems such an activity as unethical in the sphere of rendering medical services. Accordingly, all the educational information and content mentioned on the website is purely for publication of literature with the intent of advancing the medical profession and science pertaining to both Ayurveda and Allopathy. This information is served as guidance for creating awareness and consciousness amongst the general public and to encourage more discussions, debates and research as to enhance the quality of medical services and treatment options available to the public. However, if you require specific advice for your individual circumstances, consult an appropriate expert at KAYAKALP directly. Do not rely on the general material on this site. We will endeavor to assist you if you specifically inquire about matters in which we have expertise otherwise no such Information shall be construed or taken as any form of advice.

  1.      DEFINITIONS

2.1    Any references to “Ourselves”, "We" or "Us" in these T&Cs, privacy policy clause, Disclaimer and any or all agreements are to KAYAKALP Global.

2.2    References to “user”, “patient”, “you” and “your” would refer to you, the person or the user accepting these terms of use by usage of website or availing the services provided by us.

2.3    References to the “site" in these T&Cs are to this website and its contents.

  1.     USER OBLIGATIONS AND RESPONSIBILITIES

3.1    By acknowledging these terms and conditions and availing any service provided by KAYAKALP Global, you are representing yourself to be above 18 years and of sound mind at the time of accepting these T&Cs.In case of patients below 18 years, they must be accompanied by legal guardians or custodians at all times.

3.2    The services provided by this site are only for your personal and non- commercial use.

3.3    The site issues you a log-in ID or username and password upon your registration to avail the services of KAYAKALP Global. Safeguarding such an issue ID or username and password would be the responsibility of the user. If you believe some other person or third party has had access to your log in Id and password, without your authorization, you must immediately notify us via email care.kkg@gmail.comIn no event, shall KAYAKALP Global be liable for any unauthorized conduct or misuse so taken place.

3.4    By using this service, you represent and warrant that all the information you submit by registration or with the doctor is true and accurate. The accuracy of the information is solely your liability and subject to Clause 4.2(b).

3.5    The user is aware of the fees or any payment to be made in case they decided to avail the service upon such notification or specification on the website.Any transaction thereof would be subjected to a the refund policy which is mentioned in the terms and conditions.

3.6    By accessing or using this website, you undertake to always act in accordance with law and good faith, which is to say, you shall not violate any applicable laws and regulations for the time being in force in or outside India. You are prohibited to make any change in the website or any content or service that would appear on the website and not impair in any way with the operation and integrity of this website.

3.7    In case of default, either negligent or willful, of any obligation and responsibility set upon you by these T&Cs, KAYAKALP would not be liable for any damages due to a fault on your part.

  1.     WARRANTIES AND LIMITATION OF LIABILITIES

4.1    KAYAKALP be it having endeavored our best, hereby disclaims any guarantees of exactness and the quality of any products, Services, information, or other material purchased or obtained by you through the Website or any other platform which may not meet your expectations. Furthermore, there is no guarantee as to the complete cure of your disease.

4.2    We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site. In addition, KAYAKALPshall not be liable to damnify anyone from use of services of this website as-

  1. information provided on digital platforms is no substitute for proper consultation and treatment from doctor in person and you acknowledge the impediment of the same.
  2. Absolute due care and diligence would be provided by us, the services shall be upto the best of our abilities and the medical care imparted would be of a reasonable medical practitioner. However, they would largely depend on the accuracy and correctness of the information submitted or provided by you. In an event of any complication or damage arising thereof, due to any incorrect information or concealment of any material fact by you, no doctor at KAYAKALP shall be held responsible.
  3. The knowledge attributable to the doctors at KAYAKALP shall be of such standard as maybe available to a reasonable medical practitioner at the time of your course. In an event of any deficiency or complications arising out of any rare knowledge or new discovery in medical sciences, both allopathy and Ayurveda, no doctor at KAYAKALP shall be held responsible or liable.

4.3    In case we use any third party for delivery of our services to you, we shall not be responsible for their services of delivery. However, we shall endeavor that the delivery services of such third party will be proficient.

  1.     MANAGING CONTENT

5.1    KAYAKALP reserves the right to delete, move or edit any Content (including Material posted in any interactive area of the Site) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. However, as and when information is share by other users KAYAKALP does not and cannot review all of the Content posted by users on the Site and is not responsible for such Content. You shall remain solely responsible for all Material. Although KAYAKALP reserves the right to remove any offending Content on the Site, you understand and agree that you nonetheless may be exposed to such Material and that you further waive your right to any damages (from any party) related to such exposure.

5.2    Additionally, KAYAKALP shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.

  1.     INDEMNITY

6.1    You agree to indemnify, defend and hold KAYAKALP and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "KAYAKALP Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys' fees) incurred by any KAYAKALP Party in connection with any Material or with use or alleged use of any Content or the Site, including any use under your password by any person, whether or not authorized by you. KAYAKALP reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with KAYAKALP's defence of such claim.

  1.      TERMINATION OF SITE ACCESS

7.1    KAYAKALP reserves the right, in its sole discretion, to restrict, suspend or terminate your user account and access to all or any part of the Site, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your user account at any time, for any reason, by deleting your account on the site or by emailing KAYAKALP at care.kkg@gmail.com. The terms of this Agreement shall survive any termination of your membership. KAYAKALP may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.

  1.      COPYRIGHT POLICY

8.1 You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact the website administrator at care.kkg@gmail.com with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
  2. A description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the website;
  4. Your address, telephone number, and email address;
  5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.

  1.     VIRUSES

9.1    While efforts have been taken to ensure that the pages on the Site are free from viruses, KAYAKALP gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.

9.2    KAYAKALP excludes, in so far as it is legally responsible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of KAYAKALP or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:

  1.     INTELLECTUAL PROPERTY

10.1    The names, images and logos identifying KAYAKALP or third parties and their products and services, are the proprietary marks of KAYAKALP, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and KAYAKALP reserves all rights to enforce such rights that it might have.

  1.     JURISDICTION & MISCELLANEOUS

11.1    The website has been created with Indian users in mind and therefore its content may not be appropriate or lawful outside of INDIA. Users from outside of INDIA should therefore verify for themselves whether or not it is appropriate for them to access the Site or Services.

11.2    Entire Agreement: This Agreement sets forth the entire agreement between you and KAYAKALP with respect to the Terms & Condition of Use (TOU) mentioned here and shall supersede all prior understandings or agreements, whether oral or in writing, between you and KAYAKALP as regards to the subject matter herein.

11.3    Jurisdiction of Disputes: This agreement shall be governed by and construed in accordance with laws of India. any dispute arising from or in connection with this agreement, which cannot be settled amicably between you and KAYAKALP within 30 days from the date of a notice of dispute from one party to the other, shall be referred to an arbitration of the sole arbitrator to be appointed by KAYAKALP in accordance with the provisions of arbitration and conciliation act, 1996. The arbitration shall be conducted in English and venue shall be New Delhi. Any action or suit related to this agreement shall be subject to the exclusive Jurisdiction of the courts in New Delhi, India. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.

  1.     PRIVACY POLICY

12.1    Thank you for visiting our website www.kayakalpglobal.com and/or enrolling as a member with us.

12.2    Your privacy is important to us. To better protect your privacy, we are providing this notice explaining our policy with regards to the information you share with us. This privacy policy relates to the information we collect, online from website, received through the email, by fax or telephone, or in person or in any other way and retain and use for the purpose of providing you services. If you do not agree to the terms in this Policy, we kindly ask you not to use these portals and/or sign the contract document.

  1.     PRIVACY STATEMENT

13.1    KAYAKALP provides a service through its website created by KAYAKALP, which merely facilitates the interaction between its users/customers and Licensed and Registered Medical Doctors. For providing this SERVICE, KAYAKALP needs to collect and store personal information such as your name, age, sex, health information, and other lifestyle-related information for your profile. It is not possible for us to provide the Service in question without receiving this specific information from you. By enrolling as a member with us you give us your consent to collect, store, maintain, update and access such information in a protected online portal.

13.2    Some portions of this SERVICE may require you to give us financial information such as your credit card, debit card, or net-banking information (Financial Information), for, without limitation,

(i) registration on the Site to avail specific offers, health plans, home health care services, or newsletters; and

(ii) making a payment towards our fee for providing the aforementioned SERVICES, either in the prepaid or postpaid format. If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards or forums, or otherwise complete online web forms, surveys or contest entries, any information provided in such communications may be collected as Personal Information.

13.3    If you elect to provide us Personal Information, we use it primarily to deliver the service you requested. Other uses of Personal Information are described elsewhere in these Terms of Use and Terms and Conditions.

13.4    If you submit Financial Information, we use that information primarily to verify your credit and collect payments for your purchases, orders, registrations etc. KAYAKALP uses a third party to process credit or debit card / net banking transactions and does not store financial information, such as credit or debit card / net banking information on its website. We may retain the last four digits of the credit or debit card number solely for customer service purposes. We employ industry-standard encryption and secured socket layer (SSL) protocols to protect your Financial Information when it is transmitted through our third-party payment gateway.

13.5    We do not sell or rent Personal Information received through your use of this Service. This Service has security measures in place to help protect against the loss, misuse, or alteration of information under our control. Despite these measures, the confidentiality of any Personal Information communication or material transmitted to or from us via this Service by Internet or e-mail cannot be guaranteed. At your discretion, you may contact us at the mailing address or telephone number listed. If you have privacy or data security related questions, please feel free to contact the office.

13.6    Your personal data may in some situations be seen by third parties, such as doctors (general physicians/specialist doctors/national and international experts) or operations and maintenance contractors repairing and maintaining our technical systems. KAYAKALP will use the information received to provide our services keeping your best interests in mind.

13.7    KAYAKALP may further use the aggregate information to study statistical results, epidemiological trends and produce summary reports. Such information may be shared with KAYAKALP partners, clients and advertisers under the sole discretion of KAYAKALP. Please note that this aggregate information does not identify individual user information in any manner.

13.8    Please remember that any information you reveal, including personally identifiable information in a public forum such as in a discussion forum or review, is not subject to this Privacy Policy and can be seen by third parties unrelated to KAYAKALP. It is therefore important that you carefully consider what Information you disclose in these areas.

  1.     E-MAIL, SMS & TELEPHONE CALLS

14.1    From time to time, KAYAKALP will contact you and send you information related to your health records, services you are currently availing and promotional material. We will be sending e-mails and / or SMSes at the e-mail id(s) and contact mobile number(s) provided by you. We will also be making calls on the phone numbers provided by you. By using our services and providing us the above contact details on our "Know Your Patient" form at the time of registration, you have authorised us to contact you by any of the communication modes mentioned above. In case you have given a wrong e-mail id or mobile / phone number for correspondence, KAYAKALP will not be responsible for the loss of information or privacy due to the message going to an unknown destination.

14.2    We may use a third-party vendor to help us manage some of our e-mail and SMS communications with you. While we may supply this vendor with e-mail addresses and mobile numbers of those we wish them to contact, your e-mail address or mobile number is never used for any purpose other than to communicate with you on our behalf. When you click on a link on our website or in an e-mail sent by us, you may be temporarily redirected through one of the vendor's servers (although this process will be invisible to you) which will register that you've clicked on that link, and have visited our website. KAYAKALP never shares any information, other than your e-mail address, with our third party e-mail vendor, and they in turn do not share these e-mail addresses with anyone else. Even if you have given us permission to send e-mails to you, you may revoke that permission at any time by following the "unsubscribe" information at the bottom of each such e-mail.

  1.     CALL & IP LOGS

15.1    We maintain standard call and IP logs that record data about all visitors and customers who call us and/or access our site. We store this information for providing services and as an analysis tool for our physicians. All call logs are stored securely, and may only be accessed by KAYAKALP employees or designees on a need-to-know basis for a specific purpose. KAYAKALP uses call log information to help provide our members the efficient services under this membership. We collect IP address of all visitors to the Site, and a number is automatically assigned to your computer whenever you access the Internet.

15.2    We collect IP address information in order to administer our system and gather aggregate information, to avoid any scope of misuse of the Site. The information may be shared with advertisers, sponsors and other businesses.