info@acrecare.in
+91 8800114473

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE

1. Introduction

1.1 Your use of Acre Care Pvt. Ltd (henceforth Acre Care) services (referred to as the offering in this instrument and excluding any offering provided to you by Acre Care under a separate written agreement) is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with Acre Care will always include, at a minimum, the terms and conditions set out in this document.

2. Accepting the Terms

2.1 Acre Care shall interact with customers / clients through e-mail, forms on our website, chat program on our website, phone calls, Skype, in-person through Acre Care’s affiliates/advisors/facilitators/doctors or similar medium and by printed communication (documents, brochures etc.). By signing a printed document, clicking a button or checkbox on a website and by replying to our e-mails. You accept and agree to the terms, where this option is made available to you by Acre Care in the user interface for any offering.

2.2 In order to use the offering, you must first agree to the terms. You may not use the offering if you do not accept the terms.

3. Provision of the offering by Acre Care

3.1 Acre Care will attempt to continuously innovate in order to provide the best possible offering for its users. You acknowledge and agree that the form and nature of the offering which Acre Care provides may change from time to time.

3.2 You acknowledge and agree that Acre Care may stop (permanently or temporarily) providing the offering (or any features within the offering) to you or to users generally at Acre Care's sole discretion.

3.3 You acknowledge and agree that if Acre Care disables access to your account or login route, you may be prevented from accessing the offering, your account details or any files or other content which is contained in your account.

3.4 You acknowledge and agree that while Acre Care may not currently limit your use of the offering in any way, it may do so if that use hinders with the ability of Acre Care to carry on its operations or the ability of other customers to use the offering.

3.5 The supply of the offering will be subject to your making payments, if any, at the regular intervals as stated in the contract for the service. Acre Care shall render invoices in respect of the services comprising fees and outlays plus applicable local and overseas taxes that might be payable thereon or deductible there from. Information about the payments for the services shall be communicated to you by means of separate correspondence. The charges shall be paid at the time of the presentation of the Invoice or at the discretion of Acre Care at such subsequent time, which will be clearly stated in the Engagement Letter / Proposal. In the event that your account is terminated or access is disabled, or the service is permanently or temporarily stopped, Acre Care's liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. Acre Care cannot be made liable or called on to repay any amount paid during any previous billing cycle

3.6 Acre Care shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the offering or the discontinuation altogether thereof.

4. Use of the offering by you

4.1 In order to access certain offering, you may be required to provide information about yourself as part of the registration process for the service, or for your continued use of the offering. You agree that any registration information you give to Acre Care will always be accurate, correct and up to date.

Without prejudice to the generality of the above, you shall also provide Acre Care with information and assistance and all access to documentation and medical reports in your possession, custody or under your control and to personnel under your control where required by Acre Care. You shall use your best endeavors to procure these supplies were not in your possession or custody or under your control. You shall inform Acre Care of any information or developments which may come to your notice and which might have a bearing on the Services. You shall supply information in response to Acre Care’s enquiries (if any) to enable Acre Care to comply with its statutory/legal responsibilities to make disclosures to relevant authorities or other activities that Acre Care may encounter while providing the offering, whether or not such disclosures contain any confidential information.

Acre Care may rely on instructions or requests made or notices given or information supplied, whether orally or in writing, by any person whom Acre Care knows to be or reasonably believes to be authorized by you to communicate with us for such purposes. Acre Care shall not be liable for any loss or damage arising from any withholding of information required by Acre Care for any reason whatsoever, by you or any person authorized by you, or believed by Acre Care to be authorized by you. Acre Care can share customer/ client information with employees and agents (for eg. it may share addresses with delivery agents), any company which it acquires / acquires it or to the Government or law enforcement agencies (if officially requested or required by Order, Notification, Statute or Court Order) and with anyone else, with the consent of the customer / client.

4.2 You agree to use the offering only for your personal, non-commercial use and for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or guidelines.

4.3 You agree not to access (or attempt to access) the offering by any means other than through the interface that is provided by Acre Care, unless you have been specifically allowed to do so in a separate agreement with Acre Care

4.4 You agree that you will not engage in any activity that interferes with or disrupts the offering in any way

4.5 Unless you have been specifically permitted to do so in a separate agreement with Acre Care, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.

4.6 You agree that you are solely responsible for (and that Acre Care has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Acre Care may suffer) of any such breach.

5. Your passwords and account security

5.1 You agree and understand that you are responsible to Acre Care and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering.

You will be solely responsible for all activities that occur under your account.

5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at Acre Care immediately.

6. Content in the offering

6.1 You understand that all information (including but not limited to data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the offering are the sole responsibility of the person from which such content originated.

6.2 You should be aware that content presented to you as part of the offering, including but not limited to advertisements and promotional material of Acre Care or other companies, is protected by intellectual property rights which are owned by Acre Care, or the sponsors or advertisers who provide that content to Acre Care (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically told that you may do so by Acre Care or by the owners of that content, in a separate agreement. Any content being disseminated using Acre Care's sales network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.

6.3Acre Care may provide content including but not limited to content on various medical conditions and may in certain cases also provide content about the possible treatment of such medical conditions. Acre Care shall not be responsible for the efficacy, correctness or usefulness of the content provided and does not provide any guarantee that it will cure an ailment which the patient is suffering from. Acre Care specifically recommends that in cases of emergencies or critical conditions, immediate personal medical care and attention must be sought.

7. Intellectual Property rights

7.1 You acknowledge and agree that Acre Care (or Acre Care's licensors) owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the offering may contain information which is designated confidential by Acre Care and that you shall not disclose such information without Acre Care's prior written consent.

7.2 Unless Acre Care has otherwise agreed in writing, nothing in the terms gives you a right to use any of Acre Care's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

7.3 You acknowledge and agree that Acre Care may use your name and logo in any form, manner, medium or condition.

7.4 Without prejudice to clause 7.3, Acre Care acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any content that you submit, post, transmit or display on, or through, the offering, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Acre Care, you agree that you are responsible for protecting and enforcing those rights and that Acre Care has no obligation to do so on your behalf.

8. License from Acre Care

8.1 Acre Care gives you a Personal Non-Exclusive license to use the offering provided to you by Acre Care as part of the offering as provided to you by Acre Care. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by Acre Care, in the manner permitted by these terms.

9. Ending your relationship with Acre Care

9.1 The Terms will continue to apply until terminated by either you or Acre Care as set out below.

9.2 Acre Care may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or

(B) Acre Care is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful) 9.3 When these terms come to an end, all of the legal rights, obligations and liabilities that you and Acre Care are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.

10. EXCLUSION OF WARRANTIES

10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED AS IS AND AS AVAILABLE.

10.2 IN PARTICULAR, Acre Care DOES NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, DISRUPTIONS OR OUTAGES OF ANY KIND

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND

(D) THE TREATMENT PROVIDED BY THE DOCTOR WILL CURE THE AILMENT OR SOLVE THE CONDITION OR CURE THE DISEASE. SPECIFICALLY, Acre Care DOES NOT WARRANT OR GIVE ANY GUARANTEE AS TO THE QUALITY OF THE MEDICAL PROFESSIONALS, THEIR BEHAVIOUR AND CONDUCT OR THE BEHAVIOUR, QUALITY AND STANDARD OF THE HOSPITAL OF WHICH THE DOCTOR IS A PART

10.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND Acre Care WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

10.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Acre Care OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

10.5 Acre Care FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. LIMITATION OF LIABILITY

11.1 SUBJECT TO OVERALL PROVISION IN CLAUSE 10 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Acre Care SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO LOSS OF LIFE, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY CHANGES WHICH Acre Care MAY MAKE TO THE OFFERING, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);

(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE OFFERING;

(III) YOUR FAILURE TO PROVIDE Acre Care WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

12. Other content to which references are made, links are provided, etc.

12.1 The offering may other content or resources. Acre Care may have no control over any web sites or resources which are provided by companies or persons other than Acre Care.

12.2 You acknowledge and agree that Acre Care is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

12.3 You acknowledge and agree that Acre Care is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

13. Changes to the Terms

Acre Care may make changes to the terms from time to time. The same will be communicated to you, without prior intimation to you. Your continued use of the offering will indicate your acceptance of the modified terms.

When these changes are made, Acre Care shall make the amended copy of the terms available in an accessible location.

You understand and agree that if you use the offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, Acre Care will treat your use as acceptance of the amended terms.

14. General legal terms

14.1 Sometimes when you use the offering, you may (as a result of, or through your use of the offering) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other offering, software or goods may be subject to separate terms between you and the company or person concerned.

14.2 The terms constitute the legal agreement between you and Acre Care and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any offering which Acre Care may provide to you under a separate written agreement), and completely replace any prior agreements between you and Acre Care in relation to the offering.

14.3 You agree that if Acre Care does not exercise or enforce any legal right or remedy which is contained in the terms (or which Acre Care has the benefit of under any applicable law), this will not be taken to be a formal waiver of Acre Care's rights and that those rights or remedies will still be available to Acre Care.

14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.

14.5 The terms, and your relationship with Acre Care under the terms, shall be governed by the laws of India, in particular the courts in the city of Delhi will have jurisdiction.

You and Acre Care agree that any dispute will be referred to binding mediation either directly between the parties face-to-face or online. The Parties hereby acknowledge and agree that no other means of dispute resolution shall be attempted without completing the mediation process. In the event of the mediation not being effective in securing a resolution of the dispute, arbitration, with the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen shall be the mode of dispute resolution

15. Law and Jurisdiction

The Service Contacts shall be subject to and governed by the laws of the State of Delhi and all disputes arising from or under the Terms of Service shall be subject to the exclusive jurisdiction of the courts of Delhi, as appropriate.

16. Complaints

If at any time you would like to discuss with us how the Terms of Service can be improves, or if you have a complaint about the terms, please feel free to contact us. We will look into your suggestion/complaint promptly and do what we can to resolve the difficulties.