TERMS OF USE

NOTE: NOTE: PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (HEREINAFTER 'WEBSITE'). THESE WEBSITE TERMS OF USE (HEREINAFTER 'TERMS OF USE') GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT (HEREINAFTER 'YOU' OR 'YOUR') SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

USER ELIGIBILITY

The Website is available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If you do not qualify, you are not permitted to use the Website.

SCOPE OF TERMS OF USE

These Terms of Use govern your use of the Website and all applications, software and services (collectively known as "Services") available via the Website, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you via the Website ("Service Agreement(s)"). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith.

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

Welcome to our website – www.Healthy100yrs.com. If you continue to browse and use the services of this website, you are agreeing to comply with and be bound by this “Terms of Use” which together with our privacy policy governs, Online Second Opinion (OSO) private limited company’s relationship with you in relation to the use of services of the website. If you disagree with any part of this terms and conditions, please immediately discontinue the use of this website.

These terms and conditions of use are formulated and published under the provision of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rule, 2011 according to which publication of Terms and Conditions and Privacy Policy is required for the access and use of the website. These terms and condition represent a legal agreement between Online Second Opinion (OSO) private limited company and its users.

It governs the use of the website (www.Healthy100yrs.com) and email communications received on 100yrshealthy@gmail.com,including any communication established on our helpline numbers.

All the website and email communication mentioned above are owned and operated by Online Second Opinion (OSO) private limited company registered under the provisions of sub-section (2) of section 7 and sub-section (1) of section 8 of the Company Act, 2013 (18 of 2013) and rule 18 of the Companies (Incorporation) Rules, 2014, having its registered office at C/O ARVIND KUMAR, S/O JAGDISH PD.YADAV GOSAI TOLA PATLIPUTRA COLONY PATNA, PATNA -800013 BIHAR

Note :

1. 1.The company reserve the right to modify the terms and condition along with privacy policy contained on the website, at any point of time. Such modification will be posted and would be effective from the date of modification.
2. 2. The term ‘Healthy100yrs’ or ‘We’ or ‘Us’ and all its grammatical variations refers to the owner of the company and the term ‘you’ or ‘user’ and all its grammatical variations refers to the user or viewer of the website.
3. 3. User’s access to the use of website and/or mobile application is governed by their acceptance of these terms. These Terms and Conditions apply to all visitors, user and all other who access or use the services.

SERVICES OFFERED BY HEALTHY100YRS

The services of Healthy100yrs platform is available to all the citizens residing in India even to the most remote location of country. All the citizen over the age of eighteen (18) years can register and avail the services of our website. Citizens below the age of eighteen (18) years can use the services with help of their parent or legal guardian. The services offered are mentioned below:

To provide online opinion for healthy life person by Doctor, Group of Doctor or facilitates audio or Video call between users and Doctor, suggesting patients or users better life style and to provide its above-mentioned services through website/portal, run and operated by the company. The company will provide its above-mentioned services through website / Portal named www.healthy100yrs.com. To start referral and recommendation services for healthy life through www.healthy100yrs All the information or suggestion provided via the medium of this platform are with utmost Bonafede intend to educate, aware, acknowledge and to provide adequate information about the users /disease to the patient or to the user of this Platform. It is very important to mention that the information or suggestion provided does not establish the Doctor patient relationship. The Platform and Doctors, consulting via the Platform, does not diagnose, treat treatments that one ought to peruse, however the user might incorporate the modalities of treatment, or drugs as suggested by our experts in your treatment plan only after discussion, physical examination and approval from your primary treating Doctor who routinely examines you clinically. Patient treatment will be decided by the doctor who examines him/her in clinic or Hospital in person physically because the exact drugs and doses can be suitably advised only when a doctor examines a patient physically. Hence one is always advised to be in touch with his / her doctor in physical for treatment decision or execution. The Company, The Platform or any of its employee will not be responsible for any ill effects or death or any other adverse consequences arising from the treatment if followed, as this Platform is incorporated with the sole intend to educate you regarding the latest guideline-based suggestion as per the information given by the Patient or any user of the Platform.

The diagnosis and treatment is to be followed only after physical examination of patients.

PAYMENTS AND REFUNDS

1. 1. The company has partnered with third party payment gateways, “Razor Pay” for the processing of transactions made in lieu of availing services. The company is not liable for any failed transactions. All the refund of the failed transaction (if amount is deducted) will be governed by the payment gateway’s refund policy.
2. 2.The company may initiate a refund of full or partial amount if the company is in toto unable to provide assigned services due to unavailability of doctors.
3. 3.If the services are delivered within additional 3 days of assigned period then no refund or concession will be given. If the services are given after additional 3 days of assigned period then 30% of total payment will be refunded in the account of user within 30 days of payment.

INTELLECTUAL PROPERTY AND THIRD PARTY RIGHTS

Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents are the sole property of Healthy100yrs its affiliates or third parties. The Content is protected by Intellectual Property laws and other laws in India. Elements of the Website are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Website are trademarks, service marks or trade name ("Marks") of Healthy100yrs its affiliates or other entities that have granted Healthy100yrs the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of Healthy100yrs. Except as otherwise expressly authorised by these Terms of Use, you may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Website in any way without Healthy100yrs 's prior written permission or that of an appropriate third party. Except as expressly provided herein, Healthy100yrs does not grant to you any express or implied rights to the Intellectual Property of Healthy100yrs or that of any third party. The proprietary rights to all information that is created and present on the company website, belongs to the company alone.

The use of the website is in compliance with all applicable laws and regulations. Any illegal or unlawful will hinder the efficient functioning of the website and the same is strictly prohibited by law. The user shall not engage in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communications.

Healthy100yrs hereby grants you a limited, personal, non-transferable, non-sub licensable, revocable licence to (a) access and use only the Website, Content and Services only in the manner presented by Healthy100yrs and (b) access and use the Healthy100yrs computer and network services offered within the Website (the " Healthy100yrs Systems") only in the manner expressly permitted by Healthy100yrs. Except for this limited license, Healthy100yrs does not convey any interest in or to the Healthy100yrs Systems, information or data available via the Healthy100yrs Systems (the "Information"), Content, Services, Website or any other Healthy100yrs property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Healthy100yrs. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by Healthy100yrs. Any kind of unauthorized use of any content or material available on website may violate intellectual property rights of the company or of other parties. All the use of the website by the user are limited and non-transferable. The user has the right to use the content and material in a lawful manner and inconsonance with the terms of use. The user may not transmit, distribute, reproduce, copy or create derivative content or information without any written consent/authorization from the company or the concerned third party

The company may remove any content from the platform that it consider objectionable or inappropriate.

LIMITATION OF LIABILITY

To the extent permitted by law, in no event shall Healthy100yrs, its affiliates, licensors, associates or any third parties mentioned at the website be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the use of and/or inability to use the website, the Healthy100yrs systems, information, services or the content whether based on contract, tort, delict, or any other legal foundation, and whether or not Healthy100yrs is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for herein.

LAW AND JURISDICTION

This legal document/agreement is governed under the provision of Indian law, including but not limited to the following:
1. The (Indian) Information Technology Act 2000;
2. The Indian contract Act, 1872;
3. The (Indian) Information Technology (Reasonable security practice and procedures and sensitive personal (Information) Rules,2011 and
4. The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011
5. Consumer Protection Act, 2019

By using this website, you agree that the Indian Contract Act, 1872, The (Indian) Information Technology Act 2000, other applicable Indian Laws and Laws prevalent in State of Bihar, without regards to principle of conflicts of Laws, will govern these Terms and Condition of use and any dispute arising out between Healthy100yrs and the users.

The Services of the Healthy100yrs cannot be challenged in the court of law as any medical negligence as since the inception of the Company and the Platform it is explicitly been described in our privacy Policy and Terms of Use that service are just for the user’s awareness and is not equivalent to a medical treatment.

The company and its website originates from the Indian state of Bihar, and so the agreements will have jurisdiction under of Hon’ble High Court, Patna.

PRIVACY

All the users and the visitors of the website are requested to refer the privacy policy of the company at https://Healthy100yrs.com/privacy-policy, incorporated for informing the policy of the company to handle sensitive personal information, provided by the user on the website during the registration process.

INDEMNIFICATION

The user agrees to indemnify, defend and hold harmless, the company, all its employees, representatives and its third party affiliates from and against all kinds of losses, expenses, damages, expenses including reasonable advocates fees, injury and/or death which user or any third party suffer arising, in connection with or resulting from user’s violation of these Terms and Conditions and/or your participation in the program and/or infringement by an user of any intellectual property rights of any person or entity or the inaccuracy or unauthentic data provided by the user during registration process.

The company at any point of time may seek written undertaking to indemnify the company in such cases and hence failure to provide such assurance will amount to breach of this agreement.

Any legal proceeding initiated by the company or the user shall be notified to the other party.

TERMINATION

healthy100yrs reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and 100yrsHealthy may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, healthy100yrs reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until healthy100yrs chooses, in its sole discretion and without advance to you, to terminate it.

OTHER MISCELLANEOUS PROVISIONS

NO WAIVER: Any delay of failure to exercise any right or provision of any policy mentioned here would not constitute a waiver of such right or provision.

FORCE MAJEURE: In the event of earthquake, flood, fire, storm, natural disaster, act of god, war, terrorism, armed conflict, labour strike, lockout, or boycott, the company is not responsible for any interruption, delay in providing services or termination of any services. The company may at any time terminate its operation of the website in its sole discretion and, without any prior notice.

AGREEMENTS: This agreement along with the privacy policy comprises the entire agreement between the user and the company in terms of using the services of the website and the company.

INTMATION ADDRESS: All the notices given by the user to company or vice-versa should be in writing in English or in Hindi language, through email or in written mailed to the following company address:-

Online Second Opinion (OSO) Private Limited,
C/O Arvind Kumar, S/O Jagdish Pd Yadav,
Gosai Tola, Patliputra colony, Patna – 800013.
Email: 100yrshealthy@gmail.com

Notice to user will be sent on the email id provided by the user at the time of registration.

REDRESSAL OF GRIEVANCES

In case user have any questions or grievances regarding the use of the website or services offered, he/she can reach out to the Grievance officer of the company at info@Healthy100yrs.com 100yrshealthy@gmail.comin the name of “The Grievance officer”. The officer will address any complaint/issue raised by the user within a time period of 30 Days from the date when it is raised.

DISCLAIMER: : I as subscriber/user of the services offered through the web portal www.Healthy100yrs.com , do hereby expressly authorize Healthy100yrs.com & Online Second Opinion (OSO) Private Limited and any of their business associates to call/ SMS my/ our registered phone numbers (as provided by me / us to Healthy100yrs.com). I hereby expressly state that such authorization shall override the national do-not disturb registry (“DND”) even if the phone numbers in question are registered under DND list of national consumer preference registry (NCPR/NDNC). I/we also undertake that I/we will not make any complaints to NDNC for any calls received form Healthy100yrs.com service/ products, and shall indemnify Healthy100yrs.com and any of its business associates for having engaged in any such practice. I realize, acknowledge and expressly authorize Healthy100yrs.com to make the initial communication (via call /SMS /E-mail/WhatsApp) for the purposes of confirmation of my credentials provided by me. I hereby authorize Healthy100yrs.com and its business associates to continue contacting me via any of the modes of communication listed above, till such time as I expressly opt-out / unsubscribe from the service offered by Healthy100yrs.com. Till such time, Healthy100yrs.com and its business associates shall have all rights to continue communicating with me and I shall completely indemnify them against any liability that may arise as a result of such authorization to communicate. Such indemnification shall extend to court cases and suits and all lawyer/ advocate fees, even if the dispute is never subjected to judicial scrutiny.