Terms And Conditions Of Use
- INTRODUCTION
This Terms and Conditions of Use (“Terms of Use”) is a legal contract
between
(“RESET TECH” or
“We,
“we” or “Us”, us” or “Our, our”) and you (“You”, “you” or “your”,
“Your”), a User (as
defined
below).
These terms govern the use of Reset Tech website being https://www.resettech.in and its
related
mobile
application named Aayu (the “App”) and any others services that Reset
Tech may
provide now or in
the
future (collectively, Platform”). This Terms of Use governs your use of
the
Platform through any
mode of
computers, tablets, mobile or any other storage/transmitting device.
The Platform is operated and owned by RESET TECH GLOBAL PRIVATE LIMITED
(formerly
known as K&L WELLNESS TECHNOLOGY PRIVATE LIMITED), a private limited
company
bearing CIN U72900MH2020PTC351685 and having its registered office at 102, Plot no.
87-88,
Vanvaria
Apartment, Corner of 2nd road, SV Road, above SVC Bank Khar Mumbai City, Maharashtra-
400052,
India.
Some of the services provided by Reset Tech are:
- health advisory services; health consultation; preventive health, ailment
management,
medical
evaluation services to lifestyle diseases which includes but not limited to
diseases
like
diabetes,
hypertension, heart disease and obesity, among others, through yoga,
naturopathy,
ayurvedic
therapy,
meditation and music;
- customization services related to advice for physical, mental, emotional health
and
wellness
information and counselling;
- connecting healers such as fitness trainers, therapists and psychologists with a
User;
and
- emotional recognition and therapeutic programmes;
- consultation services by connecting doctors, medical professionals, professional
yoga
practitioners
with a User for one-to-one individual consultation, session, group session,
teaching,
training
(on
appointment basis) through the Platform.
- We may update these Terms of Use from time to time to reflect new practices or
technologies
that
impact use of the Platform. The date of the last revision or update appears at the
top under the
title.
PLEASE READ THIS TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR
USING THE
PLATFORM,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS
OF USE,
INCLUDING
Reset Tech PRIVACY
POLICY. IF YOU DO NOT AGREE WITH
THESE
TERMS
OF USE AND PRIVACY POLICY THEN DO NOT USE THE PLATFORM. DEFINITIONS
- “Applicable Law” shall mean all applicable local or
international laws,
by-laws, rules,
regulations, orders
ordinances, protocols, codes, guidelines, policies, notices, directions,
judgments, decrees
or
other
requirements or official directive of any governmental authority or person
acting under the
authority of
any governmental authority of your country;
- “Content” shall include (but is not limited to) any data,
graphics,
content, images, videos,
location data, software, or other materials or information or audio, suggested
guidance form
of
presentation, sequencing and packaging of any type that is available through the
Platform;
- “Intellectual Property Rights” shall mean registered and
unregistered
rights in all forms of
intellectual property subsisting under the laws of India and all analogous
rights subsisting
under
the
laws of other jurisdictions and shall include any legally protectable product or
process of
the
human
intellect whether registrable as patents, trademarks, copyrights, designs or
otherwise such
as
an
invention, expression or literary creation, unique name, trade secret, business
method,
database,
industrial process, computer program, source code, process or presentation,
content, and
videos
and
exercises;
- “Reset Tech Data” shall mean any and all information relating
to the User
provided to the
Platform
by the User at his sole discretion in order to use the Platform;
- “Reset Tech Services” shall mean and include the services
provided by Reset
Tech through
its
Platform.
- “User Content” shall mean Content that you upload, share or
transmit to,
through or in
connection
with the Platform, such as likes, ratings, reviews, images, photos, messages,
profile
information, personal information,
information about your health, doctor’s prescription, medical reports, and any
other
materials that you publicly display or
displayed in
your
account profile; and
- "User/ Users" shall mean:
- any individual who visits, accesses and registers on the
Platform
/or
places a product and/ or service request on the Platform; or
- doctors, medical practitioner, health care provider, yoga practitioners,
fitness trainer, Therapist, psychologists
(whether
an individual professional or an organization) or similar institution
wishing to be
listed, or
already
listed, on the Platform, 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
Platform
(“you”; or “User”); or
- otherwise, a user of the Platform (“you” or User”).
- ELIGIBILITY TO USE THE PLATFORM
You must be legally competent for entering into a binding contract under Applicable Law
of your
country. If you
are
not
legally competent for entering into a contract under Applicable Law your country, you
cannot use the
Platform and
you
must uninstall the Platform and cease its use immediately. If you are under the age of
13 years, you
are
not eligible to register for the Platform unless permitted by the Applicable Laws of
your country.
If you wish to use our Platform, such use shall be made
available to you by your legal guardian or parents. The parent or legal guardian agree
to be bound
by
these Terms of Use in respect of your use of the Platform.
We reserve the right to terminate Your account and/or refuse to provide You with access
to the
Platform
to new Users or to terminate access granted to existing User(s) at any time without
according any
reasons for doing so.
- MODIFICATION
We may amend or update or change these Terms of Use time to time entirely at our own
discretion to
reflect new practices or technologies that impact use of the Platform. We recommend that
you review
these Terms of Use on a routine basis to view any changes. The date of the last revision
or update
appears on top of the title. Your use of the Platform after any such amendment or change
in the
terms
shall be deemed as your express acceptance to such amended/changed terms and you also
agree to be
bound
by such changed/amended terms. No notice of such amendment or changes shall be provided
unless
mandated
by Applicable Law.
- USER ACCOUNT AND SECURITY
If you wish to access our Platform, then you will have to register on the Platform by
providing
details
about yourself, including, your name, mobile phone number, address, contact details and
such other
details that may be required on the Platform to create an account. In order to create an
account
with
the Platform you will be required to provide your email id, mobile phone number and
password and
provide
us with certain information. This information will be collected, stored, and processed
in accordance
with our Privacy Policy
You warrant to provide accurate, correct and complete registration information at the
time of
account set
up
and post account set up. You are responsible for the security of your account and you
cannot
transfer your account to a third party. If you become aware
of
any unauthorized use of your account, you are required to logout and login again using
your mobile
phone
number and password. In case you do not have access to your mobile phone number or your
mobile phone
number is stolen, you agree to notify us immediately to block your account by sending us
an email to
support@resettech.in. Before blocking your
account, you
will be required to
provide us with
certain
information in order to enable Us to verify your identity In case of illegal or
unauthorised use of
your account you agree to immediately inform us at support@resettech.in and we shall not be
liable
for any loss suffered by you due to such access.
You agree that you are eligible to create and use only one account with one User
profile. Provided,
however parents can create an account for themselves and their children. You are not
permitted to
register or create an account on behalf of any entity other than yourself.
You agree not to register and use an account with an identity which is fraudulent or use
the account
of
another User. Provided, however you may have multiple profile within the same account.
You are solely responsible for maintaining the confidentiality of your account and
password, and for
all
the activities that occur in relation to your account or password.
You can delete/unregister your account anytime by submitting a request to support@resettech.in.
Reset Tech may require additional information from the User in order to enable us to
verify your
account
before the deletion of your account.
You understand that message and data rates may apply when you use any of our mobile
applications on
your
device. You agree that Reset Tech will not be responsible for the message and data rates
due to
your
use of any of our mobile applications on your device and You are solely responsible for
any costs
associated with using the Platform on your devices.
- USER CONTENT
You are permitted to use the Platform for your personal use and not for any commercial
use. By
posting,
submitting or transmitting User Content on the Platform other than information submitted
for
registration you grant to Reset Tech a transferable fully paid, license to copy,
publicly perform,
reformat, translate, excerpt (in whole or in part) and distribute User Content, in or
through any
medium
now known or hereafter invented, for any purpose.
By posting, submitting or transmitting User Content using our Platform you permit Reset
Tech the
right
to store that information with us. You also permit Reset Tech to use such User Content
for various
purposes including maintenance, analysis, research and marketing. You agree and
understand that you
must
evaluate the submission of such User Content to the Platform. You hereby agree that you
shall,
defend,
and hold harmless Reset Tech from all claims arising from User Content provided by the
User to Reset
Tech.
You agree that Reset Tech has the right to reject, remove, edit, and move or prevent
access to any
User Content provided by the User to Reset Tech. However, the obligation to maintain the
accuracy
and
correctness of the User Content remains with you.
You acknowledge and agree that neither Reset Tech nor any third party service providers
are
responsible for the Content of any material submitted, transmitted or posted by You on
the Platform.
PLEASE NOTE THAT YOUR USER CONTENT IS SECURELY COLLECTED BY US. YOU ACKNOWLEDGE AND
AGREE THAT IN
THE
EVENT YOU SHARE YOUR USER CONTENT USING THE PLATFORM YOU ARE SOLELY RESPONSIBLE FOR YOUR
USER
CONTENT
AND SUCH USER CONTENT BECOMES PUBLIC INFORMATION AND SHALL NO LONGER BE SUBJECT TO THE
REQUIREMENTS
OF
PRIVACY PROTECTION BY US. YOU FURTHER AGREE THAT ONCE YOUR USER CONTENT IS SHARED BY YOU
USING THE
PLATFORM, WE WILL HAVE THE RIGHT TO USE SUCH USER CONTENT.
- CONTENT POSTED ON THE PLATFORM
You understand that any material, Content and its arrangements that appears as “Reset
Tech
content” or
“Reset Tech Content” are owned by or licensed to Reset Tech, subject to copyright or
other
Intellectual Property Rights held by third parties. Accessing or using Platform does not
give you
ownership of any Intellectual Property Rights of Reset Tech.
- LICENSE GRANT
Subject to the terms and conditions of this Terms of Use, Reset Tech grants you a
personal,
limited,
non-exclusive, non-transferable, non-sub-licenseable, revocable license to access the
Platform.
Except
for this limited grant of access and use under these Terms of Use, we do not grant you
any other
rights
to the Platform.
- RESTRICTIONS
You agree, undertake and confirm that Your use of the Platform shall be strictly
governed by the
following binding principles and You agree not to:
- Defeat, damage or interfere with any security feature of our Platform, nor
attempt to do so.
- Cheat, use any deceptive methods or otherwise evade or violate the rules or
intended
operation
of
any software, nor attempt to do so.
- Alter or modify any Content of our Platform, other than information or User
Content you have
submitted or posted through the Platform.
- Reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose,
any Content
or
component of or any access to the Platform, without the prior written permission
of Reset
Tech,
except
for User Content or registration information you have submitted or posted
through the
Platform.
- Use or attempt to use any automated system, software, or device to generate and
send
communications
to or through the Platform nor will you annoy or harass any person through or in
connection
with
the
use
of the Platform.
- Use or attempt to use any engine, software, tool, agent, or other device or
mechanism
(including,
without limitation, browsers, spiders, robots, avatars, or intelligent agents)
to navigate
or
search
the
Website other than the search engine and search agents available on the Website.
- Upload, post, transmit, share or otherwise make available through the Platform
any illegal
material,
or any material that contains software viruses or any other computer code
designed to
interfere
with
the
functionality of any computer software or hardware or telecommunications
equipment.
- Upload, transmit, or post any material that is obscene, sexually explicit,
hateful,
intimidating
or
threatening, or that violates the rights of Reset Tech or of any third party.
- Use the Platform to upload, modify, publish, post, transmit, or share material
that is
defamatory or
invasive of the privacy of another person, graphically violent, or otherwise
inappropriate
for a
general
audience.
- Use our Platform to post, transmit, or share material that you did not create or
that you
do
not
have permission to use.
- Use the Platform for any commercial use as the Platform is intended for
personal,
non-commercial
use only except with our prior written permission.
- You may not in any manner whatsoever copy or distribute any proprietary
information for any
commercial or business use, except with our prior written permission.
- You must not modify, edit or change or otherwise make any derivative work of the
paper or
digital
copies of any materials You have printed off or downloaded in any way.
- Make unsolicited offers, advertisements, proposals, or send junk mail or spam to
other
Users of
the
Platform.
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code
of
the
Platform or any part thereof, except and only to the extent that such activity
is expressly
permitted by
Applicable Law.
- Interfere with or damage operation of the Platform uploading or otherwise
disseminating
viruses,
adware, spyware, worms, or other malicious code intended to interrupt, destroy
or limit the
functionality of any computer resource.
- You will not use the contact information provided to you during the course of a
transaction on the Platform to solicit sales offline or on another website.
- You will not harvest or otherwise collect information about Users, including but
not limited to email addresses and other contact information. You will not
disclose or
publicize any personal information about users or otherwise access or use
information about
other users in a manner which (in our sole discretion) may constitute a breach
of privacy
and/or Applicable Laws
- LIABILITY
We do not make any claims, promises, or guarantees about the accuracy, completeness, or
adequacy of
the
advice & Content available through the Platform and You understand that we will not be
liable for
errors
and omissions in the Content available through the Platform. Reference in the Platform
to any
specific
commercial products, processes, or services, or the use of any trade, firm or
corporation name is
for
the information and convenience of the public and does not constitute endorsement or
recommendation
by
us.
- SPONSORS, ADVERTISERS AND THIRD PARIES
Our Platform may contain sponsors, advertisers or third party websites, links or
applications. You
agree
and understand that the content, privacy policies of these websites are not under Our
control. You
understand that once you left Our servers and use of any third party websites, links or
applications,
You shall be governed by the privacy policy of the operator of the site used by you.
Reset Tech
shall
not be responsible for your dealings with advertisers in our Platform participating in
promotion.
You
agree that the dealings are solely between you and such third parties.
You acknowledge and agree that Reset Tech is not liable for any loss or damage whether
direct or
indirect which may arise as a result of the availability of those external sites, or as
a result of
any
dealings by you and the third party on such web sites or content.
- INDEMNIFICATION
To the maximum extent permitted by Applicable Law, you agree to defend, indemnify and
hold Reset
Tech
and its affiliates, subsidiaries, directors, agents and employees, and third parties
associated with
the
Platform harmless against any damages, costs and expenses, including reasonable
attorneys’ fees,
arising
out of or related to your breach or violation of these Terms of Use.
- INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
We respect the Intellectual Property Rights of others and You agree to protect Reset
Tech
Intellectual
Proprietary Rights and the intellectual proprietary rights of all others having rights
in the
Platform
during and after the term of this Terms of Use. We restrict Users from uploading,
posting or
otherwise
transmitting materials that violate the Intellectual Property Rights of third parties.
When we receive notification of alleged copyright complaints that do not comply with the
Copyright
Right
Act, 1957, we promptly remove or disable access to the illegal infringing material. We
may also
terminate the accounts of the infringers.
If you are a copyright owner or an agent thereof and you believe that any content on the
Platform
that
infringes upon your copyrights, you may submit a notice to us at
grievance@resettech.in.
- NO WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK
AND THAT THE
PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR
IMPLIED.
RESET TECH AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD
PARTIES
ASSOCIATED WITH THE PLATFORM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL
WARRANTIES,
EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR
PURPOSE,
MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY. RIGHTS. RESET TECH AND ITS AFFILIATES,
SUBSIDIARIES,
DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE PLATFORM, DO NOT
WARRANT THAT
THE
PLATFORM OR PLATFORM CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION,
OR ARE
COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. RESET TECH AND ITS
AFFILIATES,
SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE
PLATFORM, DO
NOT
MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THE CONTENT AND NO
USER SHALL
HAVE
ANY REMEDY AGAINST RESET TECH WITH RESPECT TO THE SAME.
- DISCLAIMER
YOU EXPRESSLY AGREE AND UNDERSTAND THAT RESET TECH DOES NOT PROVIDE PROFESSIONAL MEDICAL
SERVICES,
DIAGNOSIS, TREATMENT, PRESCIPTION OR ADVICE. THE SERVICES PROVIDED BY RESET TECH DO NOT
CONTAIN OR
CONSTITUTE AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT
RELATIONSHIP IS
CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A
MEDICAL
EMERGENCY,
CONSULT YOUR DOCTOR. FURTHER, THE PLATFORM DOES NOT TREAT OR CURE ANY MEDICAL CONDITION
NOR DOES IT
GUARANTEE ANY SUCH CURE OR TREATMENT.
WHILE EVERY EFFORT IS MADE FOR YOUR WELNESS, HEALTH OUTCOME AND LIFESTYLE MANAGEMENT FOR
ITS USERS,
RESET TECH AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES ARE NOT
RESPONSIBLE FOR
ANY
ADVICE, ERRORS, OMISSIONS OR STATEMENTS ON THIS PLATFORM OR ANY WEBSITE WITH WHICH THESE
PAGES
CONNECT
WITH. ANY INFORMATION PROVIDED BY THE PLATFORM IS SOLELY AT YOUR OWN RISK.
PLEASE READ DETAILED DISCLAIMER
- WELLNESS RECOMMENDATION PLANS
The Platform also enables You to upload information regarding your health reports and
related
matters.
Please note that such information that you upload or share is for your own records and
this
information
is not meant to treat, cure or manage any health condition.
The therapy, fitness and health and wellness plans and/or recommendations provided to
you through
our
Platform are for your general guidance for health wellness management purposes only.
Before using
our
services, always seek medical opinion from a doctor/medical professional. You understand
that you
are
agreeing to the terms of Reset Tech having known this beforehand and understand that not
following
the
instructions and structured therapy, fitness and health plans/recommendations entirely
and regularly
may
not produce 100% results.
You are solely responsible for creating and implementing your own physical well-being,
decisions,
choices, actions and results arising out of or resulting from the use of the services.
As such, You
agree that Reset Tech is not and will not be liable or responsible for any actions or
inaction, or
for
any direct or indirect result of any services provided by Reset Tech. You acknowledge
that the use
of
the Platform does not involve the diagnosis, cure or treatment of your wellness and
health
condition.
If you have any medical history that may put you at risk, including, without limitation,
one or more
conditions (such as high blood pressure, heart disease, chest, chest pain or dizziness
caused by
previous exercises, bone or joint problems, diabetes, high cholesterol, obesity or art
arthritis)
you
are required to seek approval from a qualified health care practitioner prior to using
Reset Tech
Services.
You should discontinue our therapy, fitness and wellness health plans and/or
recommendations in
cases
where it causes pain or severe discomfort and should consult a medical expert prior to
returning to
the
therapy, fitness and health and wellness plans and/or recommendations in such cases. We
reserve the
right to deny you access to the Platform for any reason whatsoever or no reason.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL RESET TECH OR ITS AFFILIATES, SUBSIDIARIES, HOLDING COMPANY,
DIRECTORS, AGENTS
AND
EMPLOYEES, CONSULTANTS, CONTENT PARTNERS OR THIRD PARTIES ASSOCIATED WITH THE PLATFORM,
BE LIABLE TO
ANY
USER OR ANYONE CLAIMING THROUGH ANY USER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL LOSS
OR
DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE
THE PLATFORM,
LOSS
OF LIFE, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF
OR IN
CONNECTION
WITH THE USE OF THE PLATFORM OR THE PERFORMANCE OR NON-PERFORMANCE OF THE PLATFORM OR
THE SITE OR
THE
CONTENT ACCESSIBLE THROUGH THE PLATFORM, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS
FORESEEABLE.
USERS
AGREE THAT THE LIABILITY OF RESET TECH, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS,
EMPLOYEES
AND
THIRD PARTIES ASSOCIATED WITH THE PLATFORM IS LIMITED SOLELY TO DIRECT DAMAGES AND IN NO
EVENT SHALL
IT
EXCEED, THE AGGREGATE OF RS.1000.
- TERMINATION
Reset Tech may, in its sole discretion, immediately terminate, limit or suspend your
account,
delete
your registration, other information, or User Content, and/or prohibit you from using or
accessing
the
Platform without any notice, if you have violated any of the provisions in this Terms of
Use.
Either party may terminate the use of the Platform at any time, with or without notice,
for no
reason or
any reason. If you wish to terminate your account on your mobile device, you may do so
by removing
the
application from your device and following the instructions on the application or
through the
Platform.
Please email support@resettech.in for any
termination
inquiries/questions.
On termination,
you
lose the right to access or use the Platform.
Upon termination of the Terms by you, your account status will be reflected as
“Inactive”. Such a
termination is only reflected upon a written intimation by the User to Reset Tech. For
any
termination
inquiries/questions, please email at support@resettech.in.
On termination,
you lose the
right
to access or use the Platform.
- REPRESENTATION AND WARRANTIES
You represent and warrant that:
- All registration information you submit are true, accurate, current, and
complete.
- You have the necessary right, license, authorization or permission to post,
upload or
publish
any
video, image, text, information or any content on the Platform through your
account. You
hereby
agree
that by posting, uploading or publishing the same on our Platform, You have
authorized Us to
use
the
same without any restrictions.
- You represent and warrant that You are in compliance with all Applicable Laws
when you
access
and
use the Platform. You agree to use the platform only in compliance with these
Terms of Use
and
Applicable Laws, and in a manner that does not violate legal rights of Reset
Tech or those
of
any
third party(ies).
- PAYMENT
Certain aspects of Reset Tech Services may be provided for a fee or other charge. If you
elect to
use
paid aspects of the Reset Tech Services, You agree to pay the subscription amount set
forth in Reset
Tech Fee Schedule, corresponding to the services offered by Us. Reset Tech may add new
services
for additional fees and charges, or amend fees and charges for existing services, at any
time in its
sole discretion You are responsible for any taxes, including goods and services tax,
resulting from
your
use of the Platform.
It is your responsibility to promptly provide Reset Tech with any contact or billing
information
changes or updates (including phone number, email address, credit card numbers, etc.).
Reset Tech
does
not validate all credit card information required by the User payment provider to secure
payment.
If you fail to pay the fees in a timely manner, Reset Tech reserves its right to
terminate this
Terms
of Use and you will have no access to the Platform. You will not be entitled to the
refund of your
subscription fees upon withdrawal or termination of your account.
You must notify Reset Tech about any billing problems or discrepancies within 30
(thirty) days
after
charges first appear on their account statement. If it is not brought to Reset Tech
attention
within
30 (thirty) days, You agree to waive your right to dispute such problems or
discrepancies.
If Your subscription period has expired and You have not re-subscribed, you will not
have access to
your
Reset Tech Data and You may not be able to use the features of Reset Tech Services
- CANCELLATION /REFUND
CANCELLATION
a. Cancellation of Subscription plan by you -
If you wish to discontinue your subscription, you may close/cancel/delete your Account
on
the Platform; and/or stop accessing the Platform.
b. Cancellation of Subscription plan by us -
The Company may block you or delist your future access to the Platform or suspend or
cancel
your subscription/account if it believes, in its sole and absolute discretion that you
have
infringed, breached, violated, abused, or unethically manipulated or exploited, violates
our
in-house policies and any term of these Terms of Use or anyway otherwise acted
unethically.
Upon cancellation of the Subscription Plan, the Company may delete any content or other
materials relating to your use of the Platform Services and the Company shall have no
liability to you or any third party for doing so. However, your transactions and other
details may be preserved by the Company for the purposes of regulatory compliance.
REFUND
All subscription plans and all the services purchased by you are non-refundable,
non-exchangeable, non-saleable and non-transferable. In the event, cancellation of
subscription plan by you or cancellation of subscription plan by us , you will not
receive a
refund for the fees you have already paid.
- PLATFORM INFORMATION
This Platform does not sell or rent the User information to any third party. You hereby
acknowledge
that
when you use the Platform, We may collect your device number and other information. We
cannot ensure
the
security of your data transmitted via the internet, telephone or any other networks.
- CHILDREN AND MINOR POLICY
We strongly encourage parents and guardians to supervise the online activities of their
minor
children
and consider using parental control tools available from online services and software
manufacturers
to
help provide a child-friendly online environment. These tools also can prevent minors
from
disclosing
their name, address, and other personally identifiable information online without
parental
permission.
Although the Platform is not intended for use by minors, We respect the privacy of
minors who may
inadvertently use the Platform.
- APPOINTMENT WITH PRACTTIONERS; BOOKING AND CALL FACILITY
Our Platform enables a User to connect with Practitioners through two methods: a)
booking
facility
that
allows Users to book an appointment through the Website; b) value added telephonic
services
which
connect Users directly to the Practitioner’s number provided on the Platform.
- We will ensure that a User is provided confirmed appointment on the booking
facility.
However,
Reset Tech has no liability if such an appointment is later cancelled by the
Practitioner,
or
the
same
Practitioner is not available for appointment.
- If a User has utilized the consultation services through our Platform, We
reserve the right
to
share
the information provided by the User with the Practitioner and store such
information and/or
conversation of the User with the Practitioner, in accordance with our Privacy Policy.
- The results of any search by the User on the Platform for Practitioners should
not be
construed
as
an endorsement by Us of any such particular Practitioner. If the User decides to
engage with
a
Practitioner to seek medical services, the User shall be doing so at his/her own
risk.
- Without prejudice to the generality of the above, We are not involved in
providing any
healthcare or
medical advice or diagnosis and hence we not responsible for any interactions
between You
and
the
Practitioner. You understand and agree that We will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in
fulfilling their
obligations
towards Users;
- any wrong medication or quality of treatment being given by the
Practitioner(s), or
any
medical
negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of
inconvenience
suffered by
the
User
due to a failure on the part of the Practitioner to provide agreed
services;
- any misconduct or inappropriate behaviour by the Practitioner or the
Practitioner’s
staff;
- cancellation or no show by the Practitioner or rescheduling of booked
appointment or
any
variation in
the fees charged.
- Users are allowed to provide feedback about their experiences with the
Practitioner,
however,
the
User shall ensure that, the same is provided in accordance with Applicable Law.
User however
understands
that we shall not be obliged to act in such manner as may be required to give
effect to the
content
of
Users feedback, such as suggestions for delisting of a particular Practitioner
from the
Website.
- In case of a ‘User-No-Show (U.N.S)’ (defined below), where the User does not
show-up at the
appointed time:
- User’s account will be temporarily disabled from booking further online
appointments
on
the
Platform
for next four (4) months, in case of, three (3) valid UNS.
- User No-Show (U.N.S) for the purposes of these Terms and Conditions, is
defined as,
any
instance
where a User, who booked an appointment on the Platform using the Book
Appointment
facility
[Please provide Link], has not turned up for the appointment without
cancelling,
rescheduling,
or
informing
the
Practitioner in advance about the same. When Practitioner informs us of
the incident
or
marks a
particular appointment as U.N.S. within five (5) days of the scheduled
appointment,
an
email
and
SMS
(“UNS Communication”) will be sent to the User to confirm on the
incident with
reasons.
Where
the
User
is not able to establish that the User had a legitimate reason for not
showing up,
we
shall
be
entitled
to take actions as under Clause 24(6)(a). However, Users understand that
actions
such as
ones
mentioned
under Clause 24(6)(a) are included as a deterrent to stop Users from
misusing the
Platform,
and
the
loss
of business hours incurred by the Practitioner.
- Following instances, solely at the discretion of Reset Tech would be
construed as
valid
cases
of
UNS (“Valid UNS”), in which case the User shall be penalized as per
Clause 24(6)(a):
- User does not reply within seven (7) days, with reasons to UNS
Communication,
from
the
date
of
receipt of such UNS Communication.
- In case User responds to the UNS Communication with below
reasons:
- Forgot the appointment
- Chose to visit another Practitioner/consulted online;
- Busy with other work; or such other reasons (which Reset
Tech at
its
discretion
decides
to
be a
valid reason to not show up).
- Where the User has booked a paid appointment and is unable to
attend
the
consultation
at
the
appointed time, due to such genuine reasons of sickness etc. at
the sole
discretion of
Reset Tech,
pursuant to conducting of investigation, the User shall be
provided with a
refund of
such
payment
made
by User, at the time of booking. However, where cancellation
charges have
been
levied,
you
would
not
be
entitled to complete refund.
- We reserve the right to make the final decision in case of any conflict.
The
total
aggregate
liability of Reset Tech with respect to any claims made under this
Clause
herein shall
be
limited
to
Rs. 200.
- NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
Please note that some of the Content, including information provided in direct response
to your
questions or postings may be provided by individuals in the medical profession. The
provision of
such
information does not create a licensed medical professional/patient relationship,
between Reset Tech
and you and does not constitute an opinion, medical advice, or diagnosis or treatment of
any
particular
condition, but is only provided to assist you with locating appropriate medical care
from a
qualified
Practitioner.
It is hereby expressly clarified that, the information that you obtain or receive from
Us, and
its
employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the
Platform
is
for
informational purposes only. We make no guarantees, representations or warranties,
whether
expressed
or
implied, with respect to professional qualifications, quality of work, expertise or
other
information
provided on the Website. In no event shall we be liable to you or any third party for
any
decision
made,
or action taken by you in reliance on such information.
The consultation services with doctors/medical professionals are not intended to be a
substitute
for
getting in touch with emergency healthcare. If you are a User facing a medical emergency
(either
on
your
or another person’s behalf), please contact an ambulance service or hospital directly.
- REVIEW AND FEEDBACK
By using Our Platform, you agree that any information shared by you with Us or with any
Practitioner
will be subject to our Privacy Policy.
You are solely responsible for the Content that you choose to submit for publication on
the
Platform,
including any feedback, ratings, or reviews (“Critical Content”) relating to
Practitioners or
other
healthcare professionals. The role of Reset Tech in publishing Critical Content is
restricted
to
that
of an ‘intermediary’ under the Information Technology Act, 2000 (“Act”). We disclaim all
responsibility
with respect to the content of Critical Content, and its role with respect to such
content is
restricted
to its obligations as an ‘intermediary’ under the Act. We shall not be liable to pay any
consideration
to You for re-publishing any Content across any of Our Platform.
You hereby agree not to post or publish any content on the Platform that (a) infringes
any
third-party
Intellectual Property Rights or publicity or privacy rights, or (b) violates any
Applicable Law.
We
may,
at our sole discretion, choose not to publish your reviews and feedback, if so required
by
Applicable
Law, and in accordance with this Clause. You agree that We may contact you through
telephone,
email,
SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Our services; and/or
- Obtaining feedback in relation to any Practitioners listed on the Platform;
and/or
- Resolving any complaints, information, or queries by Practitioners regarding
your Critical
Content;
You agree to provide your fullest co-operation further to such communication by Us.
- COMPLAINTS AND CUSTOMER CARE
You understand that by using this Platform or any materials provided in the Platform,
you may
encounter
Content that may be deemed by some to be offensive, indecent, or objectionable, which
Platform
Content
may or may not be identified as such. You agree to use the Platform and any related
materials or
services at your sole risk and that we will have no liability to you for the Content
that may be
deemed
offensive, indecent, or objectionable. If you have any complaints relating to Reset Tech
Services,
you
may send us an email or call us at the number provided below:
Email: support@resettech.in
Landline of customer care: +91 7045 957 689
- CONTACT US
If you have any questions concerning the Terms of Use please contact us at grievance@resettech.in
- CONSENT FOR RECEIPT OF PHONE CALLS, SMSS AND/OR E-MAILS
Your registration on the Platform shall be deemed to be your consent to be contacted by
Reset Tech,
(i) on the mobile number shared by you (ii) by way of SMS or email notifications or
messages in
any
other electronic form.
- PROVISIONS APPLICABLE TO PRACTITIONERS
The provisions in this Clause 30 are applicable only to Practitioners.
- LISTING POLICY
- Reset Tech, directly and indirectly, collects information regarding the
Practitioners’
profiles,
contact details, and practice. Reset Tech reserves the right to take
down any
Practitioner’s
profile
as well as the right to display the profile of the Practitioners, with
or without
notice
to
the
concerned Practitioner. This information is collected for the purpose of
facilitating
interaction
with a
User. If any information displayed on the Website in connection with you
and your
profile is
found
to be
incorrect, you are required to inform Reset Tech immediately to enable
Reset Tech to
make
the
necessary amendments.
- Reset Tech shall not be liable and responsible for the ranking of the
Practitioners
on
external
websites and search engines
- Reset Tech shall not be responsible or liable in any manner to a User
for any
losses,
damage,
injuries or expenses incurred by a User as a result of any disclosures
or
publications
made
by
Reset Tech, where a User has expressly or implicitly consented to the
making of
disclosures or
publications by Reset Tech. If a User had revoked such consent under the
terms of
the
Privacy
Policy,
then Reset Tech shall not be responsible or liable in any manner to a
User for any
losses,
damage,
injuries or expenses incurred by a User as a result of any disclosures
made by Reset
Tech
prior to
its
actual receipt of such revocation.
- Reset Tech reserves the right to moderate the suggestions made by the
Practitioners
through
feedback and the right to remove any abusive or inappropriate or
promotional content
added
on
the
Website. However, Reset Tech shall not be liable if any inactive,
inaccurate,
fraudulent,
or
non-
existent profiles of Practitioners are added to the Platform.
- Practitioners explicitly agree that Reset Tech reserves the right to
publish the
Content
provided
by Practitioners to a third party.
- When a Practitioner is listed on Reset Tech Platform, a User may see a
‘show
number’
option.
When
Users choose this option, they choose to call your number through a free
telephony
service
provided
by
Reset Tech, and the records of such calls are recorded and stored in
Reset Tech
servers.
Such
call
will have an IVR message stating the purpose of recording your calls and
your
consent to
such
recordings
which are dealt with as per the Privacy Policy. Such records may be
accessed by
Reset Tech
for
quality
control and support related purposes and are dealt with only in
accordance with the
terms of
the
Privacy
Policy. Such call facility provided to Users and to the Practitioner by
Reset Tech
should
be
used
only
for appointment and booking purposes, and not for consultation on
health-related
issues.
Reset Tech
accepts no liability if the call facility is not used in accordance with
the
foregoing.
In
case
you
choose to not provide your consent to recording your calls that may have
personal
information
required
for appointment and booking purposes, Reset Tech reserves the right to
not provide
the
services
for
which such personal information is sought.
- You as a Practitioner hereby represent and warrant that you will use the
Platform
accordance
with
Applicable Law. Any contravention of Applicable Law as a result of your
use of the
Platform
is
your
sole
responsibility, and Reset Tech accepts no liability for the same.
- PROFILE OWNERSHIP AND EDITING RIGHTS
Reset Tech ensures easy access to the Practitioners by providing a tool to
update your
profile
information. Reset Tech reserves the right of ownership of all the
Practitioner’s profile
and
photographs and to moderate the changes or updates requested by Practitioners.
However,
Reset Tech
takes the independent decision whether to publish or reject the requests
submitted for the
respective
changes or updates. You hereby represent and warrant that you are fully entitled
under law
to
upload
all
content uploaded by you as part of your profile or otherwise while using Reset
Tech ’s
services,
and
that no such content breaches any third party rights, including intellectual
property
rights.
Upon
becoming aware of a breach of the foregoing representation, Reset Tech may
modify or
delete
parts
of
your profile information at its sole discretion with or without notice to you.
- RELEVANCE ALGORITHM
Reset Tech has designed the relevance algorithm in the best interest of a User
and may
adjust
the
relevance algorithm from time to time to improve the quality of the results
given to a User.
It
is a
pure merit driven, proprietary algorithm which cannot be altered for specific
Practitioners.
Reset Tech shall not be liable for any effect on the Practitioner’s business
interests due
to
the
change
in the relevance algorithm.
- LIMITATION OF LIABILITY PERTAINING TO PRACTITIONERS
In no event, including but not limited to negligence, shall Reset Tech , or any
of its
directors,
officers, employees, agents or content or service providers (collectively, the
“Protected
Party”) 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
Platform or
the Content and functions related thereto, the User’s provision of information
via the
Platform,
lost
business or a lost User, even if such Protected Party has been advised of the
possibility of
such
damages. In no event shall the Protected Party be liable for:
- provision of or failure to provide all or any service by the
Practitioners to a User
contacted
or
managed through the Platform;
- any content posted, transmitted, exchanged or received by or on behalf
of any User
or
other
person
on or through the Platform;
- any unauthorized access to or alteration of your transmissions or data;
or
- any other matter relating to the Platform.
In no event shall the total aggregate liability of the Protected Party 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 Terms of Use of the Platform exceed, in the
aggregate Rs.
1000/-
(Rupees
One Thousand Only).
- PRACTITIONERS UNDERTAKING
The Practitioner is and shall be duly registered, licensed and qualified to
practice
medicine/
provide
health care, yoga training, wellness services, as per applicable
laws/regulations/guidelines
set
out
by
competent authorities and the Practitioner shall not be part of any arrangement
which
will
prohibit
him/her from practicing medicine within the territory of India. The Practitioner
shall
at
all
times
ensure that all the applicable laws that govern the Practitioner shall be
followed and
utmost
care
shall
be taken in terms of the consultation/ services being rendered.
- TELE YOGA VIDEO AUDIO SESSIONS
You understand that video/audio session has its own limitations as compared to in-person
sessions
and
some details could potentially be missed out despite the Yoga therapist’s/
Practitioner’s or
Practitioner’s best effort.
You understand that tele-yoga services are provided by appointment only and that these
sessions
are
not
suitable for help during crisis or emergency.
Responsibility for adverse events:
You understand that tele-yoga services do not have any side effects but may make You
tired
and
it
can
cause some temporary soreness of the muscles of the body, cramps and muscle catch. It is
possible
that
it may also cause some problems that You are not aware of. There is also a possibility
of You not
performing correct Yoga Posture inspite of all instructions
from the yoga therapist which may lead to muscle soreness or pain, however yoga
therapist and
company shall not be responsible for any such wrong posture.
However, You will follow your Yoga therapist/Practitioner and keep track of any unwanted
effects
or
any
problems, or You may stop one or more practices. At the same time, You agree to not hold
Reset Tech
responsible, should any adverse events, such as lack of improvement, deterioration or
situations
of
potential risk of harm to self or others, occur during video/audio session.
You understand that in such situations You may be advised to obtain treatment at the
nearest
available
emergency service.
Confidentiality and Recording:
You understand that the audio/ video sessions are strictly confidential. You agree to
use a
secure
line/connection for these sessions, in a relatively quiet and private space. You
understand
that
your
Yoga therapist/Practitioner will not record text messages or audio or video of the
session
(either on mobile,
using
an
app
or online) and will not share the proceedings of this session with any other individual
or
agency.
However, Reset Tech would record and restore text messages or audio or video of the
sessions and
use it
to
have
Yoga therapist/Practitioner work supervised or for training of professionals or for
other purposes.
Notes of the Tele-Yoga session may be maintained by the Yoga therapist/Practitioner and
stored
in a
safe
location. You understand that these session notes can be made available to you, in the
standard
session
record format, on Your explicit request. You also undertake that the proceedings of
these
sessions
are
not to be recorded, shared or disseminated by You or Your relatives/ other contacts to
any
third
person
or through social media. However, despite safety measures taken, there are chances for
breach in
security in technology. In such instances, both You and the Yoga therapist/Practitioner
will
not
hold
each other or Reset Tech responsible for the breach.
You understand that Your Yoga therapist/Practitioner will discuss the tele and audio
options
that
are
available and suitable and that we will decide on what to use, considering my preference
as
well
as
the
suitability of an option as assessed by Your Yoga therapist/Practitioner. You understand
that if
there
are any difficulties in communication (technical) during the session, it will be
terminated
and
a
new
appointment will be scheduled. You understand that You have the freedom to withdraw from
these
sessions
at any time if You wish. You understand that Your therapist may also temporarily stop or
discontinue
these audio/ video sessions recommend any other method or line of treatment if the Yoga
therapist/Practitioner or You experience any difficulty in the process and it is in Your
best
interest.
You hereby provide your informed consent for video/audio sessions for Tele-Yoga session
- MISCELLANEOUS
- Governing Law and Jurisdiction: These Terms of Use is governed
by the laws
of the of
India.
Any
claim related to any dispute arising as a result of the Platform or under these
Terms of Use
will be
made before a court of competent jurisdiction located in Mumbai, Maharashtra.
- No Partnership: You agree that no joint venture, partnership, employment, or
agency
relationship
exists between You or other parties and Reset Tech as a result of these Terms or
your
access
to or
use
of the Platform.
- Headings: Headings used in these Terms of Use are for reference
purposes
only and in no
way
define
or limit the scope of the section.
- Severability: If any provision of these Terms of Use is held to
be
unenforceable, such
provision
will be reformed only to the extent necessary to make it enforceable.
- Waiver: The failure of Reset Tech to act with respect to a
breach of
these Terms of
Use
by
you or
others does not constitute a waiver and will not limit Reset Tech rights with
respect to
such
breach
or any subsequent breaches.
- Survival: The obligations under the provisions of section 14,
15, 17 and 18
will
survive
any
expiration or termination of this Terms of Use.
- Entire Agreement: This Terms of Use and the Privacy Policy on
the Platform
constitute
the
entire
agreement between you and Reset Tech and govern your use of the Platform,
superseding any
prior
agreements between You and Reset Tech.