Terms and Conditions

This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www.svaayu.com website and its mobile applications. 

General

www.svaayu.com and www.svaayu.in are internet-based portal and “Svaayu”, a mobile application, (hereinafter together be referred to as “Website") is run, operated and maintained by Svaayu Unified Healthcare Private Limited (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013, having its registered address at 004, B-Wing, Royal Galaxy, Panchsheel Nagar, Thane West, Thane, Maharashtra 400601, and website - www.svaayu.com and www.svaayu.in. Svaayu is not a medical entity and does not provide any healthcare services. 

For the purpose of these Terms, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who accesses, uses, registers or subscribes to our Website, agrees to become a consultant doctor, facility owner or a third party agent on the Website or avails or offers to avail any of our services. 

Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s). 

The Company reserves the right to change or modify these Terms or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Website. 

By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely by browsing the Website, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the Website’s Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms. 

Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Services used or purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. The User agrees to use the service to authorize an individual and get the service from the third party on his/her behalf. Where you use any third-party website or the products or services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.

 Definitions

• Terms - these terms, specifying the terms and conditions of using the Website, the acceptance of which is required to register on the Website as a Consultant Doctor, Facility Owner or Third Party Agent (collectively referred to as "You", “Your” or "User") and to use some of the services offered on the Website.
• Website - a specialized internet portal available at the URL:  www.svaayu.com and www.svaayu.in, owned by the Company indicated above these terms, used to provide Users with materials in electronic form, information and offers regarding services provided by facility owners in India - rental services for operating and treatment rooms. The Website enables in particular:
  • posting offers for renting operating or treatment rooms by Facility owners,
  • Obtaining information by Users about Facility Owners' Services,
  • Getting acquainted with Reviews and adding Reviews on Facility Owners' services, 
  • Purchasing services offered by Facility Owners on the Website.
• Facility Owner or Hospital Owner or Owner - an entity offering the rental of operating rooms, treatment rooms, training rooms, doctor's offices and diagnostic rooms for consultant doctors via our website.
• Consultant Doctor or Consultant - a natural or legal person or an organizational unit without legal personality, having valid qualifications to provide medical services under applicable regulations, using the services available on the Website in a manner related to their business or professional activity. In the case of using the Information Service, it can be anyone who has a device with an installed web browser and access to the Internet. The person using the services on behalf of the User must be of legal age and have full legal capacity and must register as a Website User.
• Registration - a procedure carried out via the Website that allows you to obtain the status of a Consultant or Owner. When completing the registration form, the User is obliged to fill in the mandatory fields marked with an asterisk (*). Refusal to provide data marked with an asterisk will prevent the completion of the registration process, as a result of which the User will not be able to will be able to use the booking and other services on the Website.
• Review - an evaluation of the owner's service made by the consultant and published on the Website, which the consultant has used. At the consultant's request, the review may be published without providing the consultant's name and surname, and the only identification of the consultant will be the name or nickname indicated by the consultant. The review is published when the company verifies whether the consultant has used the owner's service and whether the review does not contain offensive or vulgar content, obscene, pornographic, racist or advertising materials.
• Profile - information about the Owner and its offer, presented on the Website in the form of: written, graphic, audiovisual. The profile is created by the Owner at the stage of registration on the Website.
• Information service - a free service provided electronically, offered as part of the Website, consisting in providing websites that allow Owners to present their services, and Consultants to familiarize themselves with the Owners' offers and information on the possibility of renting operating and treatment rooms. The information service requires registration by the Consultant, who can use it with appropriate credentials.
• "Booking" service - a paid service provided by the company to the consultant via website, e-mail or telephone, consisting in booking an operating or treatment room with the Owner for the purpose of renting it by the Consultant from the Owner on a specified date and time, requiring, among others, providing personal data and having full legal capacity by the Consultant.
• "Message" service - a free service provided electronically consisting in providing an application on the Website that enables sending questions and information regarding the offer posted on the Website between the Consultant and the Owner.

Eligibility of Use

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Website. The Services shall also not be available to any Users suspended or removed from the Company’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the listing through the Website. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by the Website, through Your legal guardian in accordance with the applicable laws. Company reserves the right to terminate your membership and / or refuse to provide You with access to the Website if it is brought to Company’s notice or if it is discovered that You are under the age of 18 years. Company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same. 

You shall not have more than one active Account on the Website as either Consultant or Facility Owner. One active account as a consultant and another as a facility owner is fine. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your information including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account ("Account") through Company ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account Information") and You shall be responsible for all activities that occur under your Account. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

 In order to avail any services on the Website, Consultants and Facilities listed by Owners will be verified and validated by Company, confirming their authorization to practice as a doctor or the authorization to represent a medical entity. After positive verification, Consultants and Owners will receive an appropriate confirmation of positive verification, which will also be visible to other Users on the Website. 

The Owner's listing is published on the Website in the form of a Profile created by the Owner as a result of registration on the Website. The content of the Profile may be modified at any time by the Owner using the Administration Panel. The Company reserves the right to enter the Rooms, the rental of which is offered on the Website in order to verify whether the data provided by the Owner are true. The Owner undertakes to provide the Company with such access. 

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Website. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Website at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Website through a onetime password verification. 

You agree that Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform. 

If You share or allow others to have access to Your account on the Website (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom. You may be held liable for losses incurred by Company or any other User of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. Use of another User's Account Information for availing the services offered by Company is expressly prohibited. 

You confirm that you are the authorized holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Website. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies. 

Use of the Website

Booking Service

• Using the Website, the Consultant can use the "Booking" function, which is a Service performed electronically, consisting in the possibility of renting a selected operating or treatment room from the Owner, as well as any additional services presented on the Website.
• The preferred rental period is indicated by the Consultant from among the available terms displayed on the Website. The rental period may be defined in days or hours, depending on the scope of the availability shared by the Owner.
• Using this service requires the Company to provide the Consultant's personal data to the Owner.
• The rental price is specified each time in the Owner's profile.
• In order to make a reservation for the Room on the date selected by the Consultant, it is necessary to pay a booking fee, the amount of which is a fixed % cut of the respective rental amount of the facility. The booking fee is paid to the Company's bank account.
• Payment of the booking fee does not constitute payment for the Owner's Service, it is only a service provided to secure the Consultant's performance of the obligations arising from the booking of the Room.
• Immediately after making the payment, both the Consultant and Owner will receive information about the booking to their account and e-mail address.
• The lease agreement between the Consultant and the Owner is concluded when the Owner approves the booking via the Website and when the Consultant receives an e-mail containing confirmation of the room reservation. The Owner has to approve or declined the booking within 48 hours, if not responded, it will automatically be cancelled by the Website after 48 hours.
• Upon confirmation by the Owner that the booked rental service has been performed, the Owner or his/her employee will raise the invoice to the patient with Consultant’s name. Once the invoice is cleared by patient (directly or through Insurance) Owner will transfer the remuneration due to the Consultant for his/her services less the rental value and other service charges as agreed with the Consultant.
• Using the "Message" service, the Owner and the Consultant can communicate in all matters related to the Owner's services, both before concluding the lease agreement and during its performance.
• When using the "Message" service, neither the Owner nor the Consultant may provide their data enabling contact outside the Website regarding services published by the Company.
• Both the Owner and the Consultant may not use the Message for purposes contrary to the law or decency, in particular leading to the circumvention of the Regulations or the Terms of Use, as well as going beyond the scope adequate to the purpose of this service specified above. A special case of violating the provisions of the Regulations is when the Consultant or the Owner undertakes actions aimed at establishing mutual contact regarding renting the Room, bypassing the Website.
• If the Company finds a significant violation of the rules of using Message service, the Consultant's or Owner's account on the Website may be blocked.

Transaction and Communication on the Website

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Company is not and cannot be a party to or control in any manner any transaction between the Website's Users. Henceforward:

 All commercial/contractual terms are offered by and agreed to between Consultants and Owners alone. The commercial/contractual terms include without limitation price, other service costs, payment methods, payment terms, date, period and mode of delivery and warranties related to the services. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Consultants and Owners. All discounts, offers are by the Owner and not by Company unless specifically mentioned. 

Booking of a service by a Consultant with Owner on the website is a request to book the service(s) by the Consultant to the Owner and it shall not be construed as Owner's acceptance of Consultant's request to book the service(s). The Owner retains the right to cancel any such request placed by the Consultant, at its sole discretion and the Consultant shall be intimated of the same by way of an email/SMS. Any transaction price paid by Consultant in case of such cancellation by Owner, shall be refunded to the Consultant. Further, the Owner may cancel a request wherein the time exceeds the typical procedure time. What comprises a typical procedure time limit shall be based on various factors and at the sole discretion of the Owner and may vary from individual to individual. 

Company does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the facility or services proposed to be rented on the Website. It does not implicitly or explicitly support or endorse the booking of any facility or services on the Website. We accept no liability for any errors or omissions, whether on behalf of itself or third parties. 

Company is not responsible for any non-performance or breach of any contract entered into between Consultants and Owners. We cannot and do not guarantee that the concerned Consultants and/or Owners will perform any transaction concluded on the Website. We shall not and are not required to mediate or resolve any dispute or disagreement between Consultants and Owners. 

Company does not make any representation or claims as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf. 

Company does not at any point of time during any transaction between Consultant and Owner on the Website come into or take possession of any of the facility or services offered by Owner nor does it at any point gain title to or have any rights or claims over the facility or services offered by Owner to Consultant. 

The Website is only a platform that can be utilized by Users to reach a larger base to rent and book facilities or related services. Company is only providing a platform for communication and it is agreed that the contract for rent of any of the facilities or services shall be a strictly bipartite contract between the Consultant and the Owner. We have no obligations or liabilities in respect of such contract. 

Consultant shall independently agree upon the manner and terms and conditions of service delivery, payment, insurance etc. with the Owner(s) that he/she transact with.

Usage Guidelines

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles: 

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

• belongs to another person and to which You do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• shall not be false, inaccurate or misleading in any way;
• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• contains video, photographs, or images of another person (with a minor or an adult).
• tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Company's prior written consent means a communication coming from Company's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
• solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
• interferes with another User's use and enjoyment of the Website or any other individual's use and enjoyment of similar services;
• refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
• harm minors in any way
• infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
• violates any law for the time being in force;
• deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
• shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
• shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity. 

You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means. 

You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website. 

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Svaayu, svaayu.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Company or owners on platform or otherwise tarnish or dilute any Company's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company's systems or networks, or any systems or networks connected to Company. 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website. 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

 You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company and / or others. 

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, booking, solicitation of offers to book, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. 

Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website. 

You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. 

We reserve the right, but have no obligation, to monitor the materials posted on the Website. Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such Content posted does not necessarily reflect Company views. In no event shall Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. 

It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

 Some content offered on the Website may not be suitable for some viewers and therefore viewer discretion is advised. Also, some content offered on the Website may not be appropriate for viewership by children. Parents and/or legal guardians are advised to exercise discretion before allowing their children and/or wards to access content on the Website. 

Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services). 

Pricing Information and Payment

Company strives to provide You with the best prices possible on the services You require from the Website. The pricing details for availing the services from the Website are detailed under these Terms. 

Further: 

All commercial terms such as price, accessibility of services are as per principal-to-principal bipartite contractual obligations between Consultant and the Owner. Your relationship with Company is on a principal-to-principal basis and by accepting these Terms You agree that Company is an intermediary for all purposes and does not have control of or liability for the products or services that are listed/ offered on Company's Website. 

You, as a Consultant, understand that upon initiating a requisition on the Website, You are entering into a legally binding and enforceable contract with the owner to rent the facility or buy related Services from the Owner on any payment mode as may be specified by Company. 

You, as a Consultant, shall present a copy of your government approved ID and medical registration proof at the time of visit. You acknowledge that further access of the services shall be made only if the owner or its agent/employee is satisfied that the proof is in compliance with applicable laws and norms. 

You, as a Consultant, shall electronically notify Company using the appropriate Company’s Website features immediately upon completion of the service within the time period as provided in these Terms. Non-notification by You of completion of service within the time period specified in these Terms shall be deemed as complete in respect of that particular booking. 

Company reserves the right to refuse to process bookings/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy. 

The consultant and Owner acknowledge that Company will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price. 

You acknowledge that Company is a mere facilitator/intermediary and does not fall within the purview of the National Medical Commission Act, 2019, and the rules and regulations framed thereunder. 

The User also agrees to pay a nominal fee as mentioned hereunder. 

In order to process the payments for Your bookings, the Company might require details of Your bank account, credit card number, etc. Company levies a fixed % cut of the total rental amount to the Consultant and the owner. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to Consultants/ Owners/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. There are no applicable payment charges levied on any transactions. Click here to see the list of our available payment methods and payment partners. 

Subscription Fee- Any subscription fees for the Services charged by the Company, could be paid online through the facility made available on the Website. Such online fee payments are also processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to Consultants/ Owners / third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. 

Taxes- Each User / third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes. 

Security Measures- The payment made for every transaction is done through API integration. Moreover, You may also check Our Privacy Policy to understand how the Company uses the confidential information provided by Users. 

The Company reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication. The Company shall not be responsible if some booking is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the User. 

Dispute- Any dispute in connection to the Owner services shall be settled between the Consultants and the respective Owners, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company. 

Refund Policy- You, as a Consultant, shall be entitled to claim a refund in accordance with the Cancellation Policy of the Company. Refund of the booking convenience fee is only applicable in the following cases; a. the booking is automatically cancelled because the facility didn't respond; b. the booking is cancelled by the consultant before approval from facility; and c. the booking is declined or cancelled by the facility before or after approval. Refund will be initiated and processed within 7-14 working days of such an incident. Refund shall be made in Indian Rupees only and shall be equivalent wholly or a part of the Transaction Price received in Indian Rupees. No refunds are applicable for facility owner and for any other scenarios for consultant. Refund shall be subject to User complying with these Terms.

Click here Page Content- 

GPay- https://support.google.com/pay/india/gethelp

Paytm- https://paytm.com/care/ticket

Amazon Pay- https://www.amazonpay.in/contact

PhonePe- https://www.phonepe.com/contact-us/

 Mobikwik- https://blog.mobikwik.com/contactus/

 Airtel Money- https://www.airtel.in/personal/money/contact-us

 OlaMoney- https://www.olamoney.com/support/index.html

 Diners Club- https://www.dinersclubus.com/home/customer-service

 Visa, Mastro, Rupay and Maestro cards;

 *The above list of payment methods and payment partners is subject to modifications and may change from time to time at the sole discretion of the Company. 

Advertisements

As part of the Services provided by Us; We may facilitate and allow third party advertisers (“Third Party Advertisers”) to place advertisements on the Website. 

For Users: The Website clearly distinguishes the content that is created or provided by one of Our Third Party Advertisers. This content will not be reviewed by Our in-house editorial staff but shall be subject to applicable laws, these Terms and the Privacy Policy.

 For Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising consumer protection. 

General Rules: The Company may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. We may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous. We are not responsible for any liability arising from an advertisement by a Third Party Advertiser. 

The Company reserves the right to declined or remove any advertisement in its sole discretion for any reason. Further, the Company also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement. 

Intellectual Property

The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. 

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Company or their third party partners or respective third parties. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “Svaayu”, domain name “www.svaayu.com”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. 

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content. 

Disclaimer of Warranties and Liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law the Website, services and other materials are provided by Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the Terms. 

To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

 Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website or any services or materials, either with or without your knowledge. Company has endeavored to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties. 

Company shall not be liable for any third-party product or services. The advertisement available on e-mail or Website with respect to the third-party website or the Products are for information purpose only. You expressly agree that Your use of the Website is at Your risk. 

Company shall not be liable for damages incurred by the User as a result of threats on the Internet, in particular resulting from the installation of harmful software. Company informs that the specific risks associated with the use of Services provided electronically may include, among others: spam, malware, spyware, worms or password cracking (cracking or phishing) and others, detailed knowledge of which can be obtained from widely available materials. 

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of data, or use, or damages for personal or bodily injury, emotional distress, or property damage, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials. Company is not responsible for any non-performance or breach of any contract entered into between Consultants and Owners. Company cannot and does not guarantee that the concerned Consultants and Owners will perform any transactions that are entered into on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between Consultants and Owners. Company does not, at any point of time during any transaction between Consultants and Owners on the Website come into or take possession of any of the Products or Services offered by Owners nor does it at any point gain title to or have any rights or claims over the listed facilities and services offered by Owners to Consultants. 

Company is not responsible for any errors or omissions in any content on the Website, and we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services, or related graphics contained on the Website. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. 

Violation of Terms

You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company. 

Termination

The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.

 Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:

• You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
• Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
• The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable;
• Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
• Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason.

Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services. 

You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder. 

Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so. 

Governing Law and Jurisdiction

These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Thane, India and You hereby accede to and accept the jurisdiction of such courts. 

Privacy Policy

Company collects, processes and shares data with third parties, in accordance with its Privacy Policy, in order to provide, manage and complete delivery of services requested by You. Company views the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy, available at www.svaayu.com/legal/privacy-policy, to understand how the Company collects, processes, shares Your information and maintains data security practices in relation to Your information. 

Profanity Policy

Company prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Owner pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being listed, we allow Owners to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***). Please report any violations of this policy to the correct area for review:

• Report offensive Display Names ⦁
• Report offensive language in a listing or otherwise
• If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. Company will consider the circumstances of an alleged policy violation and the user's trading records before taking action. Violations of this policy may result in a range of actions, including:

• Limits placed on account privileges;
• Loss of special status;
• Account suspension.

Company shall have the right to delete a listing review posted by the User at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Company is of the opinion that the review unfairly either: (i) causes disadvantage to a listing; or (ii) increases the popularity of the listing, Company shall have the right to delete the User review. Company shall also, at its sole discretion have the right to blacklist the User from posting any further reviews. 

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. This supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018. 

A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by:

• Visiting www.svaayu.com to unsubscribe from messages/ SMS; and
• Newsletters sent daily at the registered email address and by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.

General Provisions

Notice: All notices of Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to [email protected] 

Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent. 

Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. 

Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right 

Report Abuse / Grievance Redressal

In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team. 

If You have any concern about the Terms or grievances about the Website or our services, please contact us with a thorough description and We will try to resolve the issue for You. Please address them to Our grievance redressal officer at: 

Name: Mr. Sahil 

Address: 004 B-Wing, Royal Galaxy, Panchsheel Nagar, Thane West, Thane, Maharashtra 400601. Phone number: +91-7024120339 

E-mail: [email protected]