Terms of Service for H-connect
This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended 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 legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.Hconnect.co.in, its mobile app and other integrated services here in after Referred to as “H-connect”, “we” or “us” or “site” or “app”.
These terms of services apply to all users which use H-Connect or white labelled mobile web portal and mobile application portal, backend services or any dependent third party services and its integrated systems. Users in this context shall include owners, managers and staff members of H-connect registered users and unregistered users who use H-connect web portal and mobile application.
By using this web portal and mobile application, clicking the “I accept/ I agree” button or completing the registration process, you clearly agree and acknowledge that you have reviewed these terms of service, given consent and accepted this agreement.
References in these Terms to "we" or "us" or “app” or “web” or “site” “company” are references to H-connect web portal and mobile application and “you” as user (as defined above) of H-connect web portal and mobile application and its integrated systems.
Broad Purpose of H-connect
- Digital Health Transformation
- Integrated Health Portal to Examine, Empower and Engage
- Patient Relationship and related engagements
- Health care analytics and Business intelligence
This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use H-connect, including any sub domains, Web Pages or extension of H-connect and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of H-connect and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement.
The Company reserves the right to change this Web portal and mobile application and/or alter the terms and conditions of this User Agreement as well other policies at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Web portal and mobile application on publicly accessible links and you agree by accessing, browsing or using this web portal and mobile application that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Web portal and mobile application. [In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the Web portal and mobile application and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By accepting this User Agreement, You also accept and agree to be bound by H-connect Rules and Policies as provided from time to time.
This Web portal and mobile application may only be used or accessed by such 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 minors, persons of unsound mind, and insolvents are not eligible to use the Web portal and mobile application. A minor is not allowed to access or register as a user on the Web portal and mobile application. In case of registration by an entity, by accepting the User Agreement you represent that such an entity has sufficient authority under applicable law to enter into the User Agreement to accept this User Agreement.
Registration and Communication
You may register on our web portal and mobile application to create your H-Connect sub domain. By completing registration, you hereby clearly agree, acknowledge and grant us to access your personal information.
You are solely responsible for maintaining secrecy and confidentiality of your login credentials. You hereby acknowledge and accept that the web portal and mobile application will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The Company, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.
You shall not use this Web portal and mobile application for any other purpose including for subscription other than as mentioned above or products that are not allowed under applicable law in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Web portal and mobile application. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Web portal and mobile application to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Web portal and mobile application in any manner whatsoever.
You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Web portal and mobile application by the Company. You further agree that your use of the Web portal and mobile application or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you give consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
User may only register with H-connect if you have the necessary technical requirements at your disposal. Technical requirements are intel processor with minimum 2GB of RAM and 1GB of hard drive space with 1024 X 768 pixel color monitor and tablet/mobile with not later than 3 older version of current version in market on android or iOS smart phone having at least 2G internet connection. The availability and the proper functioning of these technical requirements are the sole responsibility of the User.
The instructions “How to use” H-connect will be available on the homepage of the web portal and mobile application. All users are to ensure that they read and adhere to these instructions for accessing H-connect. The user agrees that H-connect shall not be held responsible in event of any occurrence due to the non-adherence of these instructions which prevents the user from using the web portal and mobile application as designed or due to any reasons over which H-connect have no control.
You also give permission to the Company to store details and records of your usage of the Web portal and mobile application indefinitely. However, this does not constitute any obligation on the part of the Company or the Web portal and mobile application to do so.
User category: patient
Both the parties clearly agree that payment for services and related terms shall be as per specific commercial order document.
User category: Non-patient which includes but not limited to doctors, hospitals, labs, health service providers and others.
Both the parties clearly agree that payment for services and related terms shall be as per specific commercial order document.
However, we reserve the right to amend this subscription policy and charge for the services rendered. In case if we amend our subscription policy and charge for the service rendered, Users will be intimated of the same, and it will be up to them to decide whether or not they will continue with the services offered by us. Such changes are effective as soon as they are posted on the Site.
User shall be liable to pay any and all applicable taxes, charges, ceases etc. In case of non-compliance with the payment policy, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your subscription with the Web portal and mobile application and disallow access to the Web portal and mobile application.
The Company reserves the right to introduce new services or modify/upgrade the existing services provided on the Web portal and mobile application. Additionally, the Company at its sole discretion may introduce new subscription charges for the new or modified/upgraded services provided. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the Web portal and mobile application and such changes shall automatically become effective immediately after they are posted on the Web portal and mobile application.
Company uses Payment systems as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be.
The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.
Services Activation and Delivery:
- After the registration and successful payment of subscription fees, the user will get an e-mail/sms for acknowledgment.
User will start receiving all services according to the chosen subscription within 48 hours of completion of all the due procedures and acknowledgment of activation email/sms. However, you agree and acknowledge that company shall never be held responsible for any delays due to whatsoever reasons. Web portal and mobile application access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.
The user agrees and acknowledges that company shall never be held responsible for any problems that may arise during the course of the subscription due to the internet malfunction/connectivity issues and when the web portal and mobile application is closed for maintenance / updating with or without prior notice.
User account and security
To register for the services, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form, including but not limited to your e-mail address and mobile number. You will protect your account and take full responsibility for your own, and third party, use of your accounts. You are solely responsible for any and all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
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 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 items;
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 or use an anonymous proxy;
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 be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing 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;
may give rise to liability on part of the Web portal and mobile application or the Company or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the Web portal and mobile application without any notice and any such violative information that is displayed or submitted on the Web portal and mobile application can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you shall not expect the Web portal and mobile application to restore or keep back up of your information and data and not hold the Web portal and mobile application or the Company accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the Web portal and mobile application or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Web portal and mobile application and also for taking appropriate legal actions.
If you choose to provide feedback on the Web portal and mobile application which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
You shall not place any advertisements on the Web portal and mobile application in any manner. Further, you shall not use the Web portal and mobile application to promote any other person’s business or interests on the Web portal and mobile application unless permitted by the Company in writing.
Obligations under relevant sections of Indian Cyber Laws
You agree and acknowledge that
You shall not use this Web portal and mobile application for any purpose that is unlawful and illegal.
You shall not try to penetrate the web portal and mobile application and will not implant any virus, Trojan, worm, spyware, malware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer related offences on our web portal and mobile application
You shall not use this web portal and mobile application for publishing or promoting or transmitting pornographic data or child pornographic details
You shall not carry out any web jacking attacks on this web portal and mobile application.
You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences’ sections 65, 66, ,66B,66C,66D,66E,66F,67,67A,67B,84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address and other relevant details.
You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages to company or any other affected party due to business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.
Privacy of Data
Third Party Links
We may choose from time to time to provide links to various third-party web portal and mobile applications from the Web portal and mobile application. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such web portal and mobile applications. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content or services available through such web portal and mobile applications.
Information, reports, videos, blogs, newsletters and every other feature (Collectively known as “online contents”) may be added to and removed from the Service without notice. The Information, reports, videos, blogs, newsletters and other details included in the Service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep online contents up to date but users agree and acknowledge that they shall obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Service and online contents are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
Reasonable care has been taken to ascertain the accuracy of all contents. H-connect unequivocally states that the contents provided in the web portal and mobile application shall not be considered as the authority on that topic / subject. Should the user find that any content is inaccurate or does not agree with that derived by the User then the User may voluntarily undertake to inform H-Connect about the same through all available means provided in the web portal and mobile application of H-connect along with the justification / solution / reasoning for the correct content proposed by the user. The User clearly undertakes and acknowledges that H-connect shall not be held responsible for any content(s) given that may be / have been proven wrong at a later stage, without recourse through a meaningful dialogue with H-connect and providing H-connect an opportunity, if required, to undertake corrective action in a mutually agreeable time frame.
You shall fully indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any other User Agreement, law, rules or regulations or the rights of a third party.
Intellectual Property Rights (IPR) for User’s contents
Intellectual Property Rights (IPR) for H-Connect web portal and mobile app
The graphics, software, display formats (excluding online contents of user as defined above), design, style, Interface, compilation, digital conversion, migration process of data, flow and every other matters related to the web portal and mobile application are owned by the company and protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “H-Connect” and other marks are either trademarks or registered trademarks of H-Connect Compusoft Pvt. Ltd. having its registered office at 8th Floor, Pelican Building, Gujarat Chamber of Commerce Compound, Ashram Road, Ahmedabad-380 009, Gujarat, India.
We have started using H-Connect trademark on 24.06.2011 and we have uploaded H-connect mobile web portal and mobile application on 24.06.2011. You hereby agree and acknowledge that aforesaid dates shall be considered as documentary evidences for proving our first ownership for all IPR relating H-connect.
You shall not make any changes in the design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data flow and every other related matters. Further, you shall not have any rights to compel/force us to make any changes in aforesaid matters. The company whenever deems right shall have the authority to change design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data , flow and every other related matters . An intimation of the modification in design may be made via email on the given correspondence email id.
You agree and acknowledge that IPR shall include but not limited to following list of modules and sub-modules of H-connect web portal and mobile application.
Digital Health Wallet- An individual Health portal – Power to manage health by enabling to monitor and store health data from different sources and stay connected with healthcare providers – doctors, hospitals, laboratories and other healthcare organization in a private, secure, and confidential environment.
Digital Health Practice and PRM - Transform your clinic or hospital into digital environment for better care for patients through integrated or standalone health record management, appointment scheduling, medication and follow-up visit reminders on patient’s digital health wallet along with patient relationship and analytic tools.
Digital Health Analytics - Build a custom interactive dashboard in a quick and insightful answers to questions in visual format with various graphs, balanced scorecards and summary reports with near real time data to enhance organiation performance.
Integrated backend services – for health information exchange to transfer the health information from one system to another system and deliver the service to respective stakeholder
Website – www.Hconnnect.co.in
Every effort has been made to ensure the originality and authenticity of every matter on H-connect. Similarities with any other matter on similar subjects / topics available in any form elsewhere are purely coincidental. The user unequivocally agrees to ensure that in event of claiming a copyright violation the user will undertake to first inform us through all available means provided in the web portal and mobile application of H-Connect about the nature of copyright violation and suspected user who is prima facie responsible for said copyright violations as well undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame. Further, we have published our intermediary compliance policy as per Section 79 of I.T.Act, 2000 and its rules. Therefore, you agree and acknowledge to adhere to grievance related procedure as described in the said intermediary compliance policy.
Other products/services, names of companies and brand names displayed on the web portal and mobile application may be the trademarks or copyrights of their respective owners.
Users shall not:
re-sell the Service or any part of the contents to others;
make the Service or any contents available to Unauthorized Persons on any network;
abstract, download, store, reproduce, transmit, display, copy, distribute or use web portal and mobile application other than as permitted;
decompile, disassemble or reverse engineer software programs, databases or other systems used by us to provide the Service;
use the Service for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Service to send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the Service or the enjoyment of the Service by other users.
Append codes for third party advertisement including but not limited to google adsense;
Termination of services
Initial term of this Agreement shall be as per the Start Date and End Date stated in the activation email/sms. User may renew this agreement for a new term after the completion of previous term.
If, at any time, we have reasonable grounds to believe that the user is not using the web portal and mobile application in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the Data by persons other than the users identified in the subscription, we may suspend the provision of the Service to the User. You agree and acknowledge that we shall have no obligation to reinstate the Service until disputed issue(s) has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a suspension of the Service. Once the suspension has been lifted, and provided that the issues surrounding the suspension have been resolved, the user will be entitled to receive and missing data (if any) accumulated during the suspension period. Also, you agree and acknowledge that any restrictions on access rights due to default on your part shall never be termed as denial of service (DoS) contravention.
On termination of this agreement for any reason:
All licenses granted under this agreement shall immediately terminate;
You clearly agree and acknowledge that there shall not be any back up facility for your data; and
The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.
Limited liability clause
You agree and acknowledge that in no event shall the Company or its directors, managers, staff members, service partners, affiliates and technical service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Web portal and mobile application, the Pay Facility, or any other services under this Agreement. Further, you clearly agree and acknowledge that the Company’s liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. Here, all parties clearly agree and acknowledge that any disputes between doctors/labs/hospitals/health service providers etc. and their patients relating to payments/services shall be governed by doctors’/labs’/hospitals’/health service providers’ policy only. You agree and acknowledge that company being an intermediary shall never be held responsible for such disputes. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Web portal and mobile application or that the operation of the Web portal and mobile application or Pay Facility will be error free and/or uninterrupted. Consequently, the Company being only an intermediary assumes no liability whatsoever for any monetary damages, mental agony, bodily injury, death, accidents or other damages suffered on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Web portal and mobile application or Pay Facility.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your subscription, and/or refuse to provide you with access to the Web portal and mobile application or initiate any legal action it may deem fit, particularly in the event:
You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
Failure of verification or authentication of any information provided by you;
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with the Web portal and mobile application or use the Web portal and mobile application in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
Grievance Redressal Process
In case of any grievance, objection or complaint on your part with respect to the Web portal and mobile application, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of your subscription or right to use the Web portal and mobile application, you should promptly raise such grievance or complaint with the designated Grievance Officer at firstname.lastname@example.org and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the Web portal and mobile application as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
The contracting parties of this agreement give their consent which is not only free but also legal and voluntarily in nature, for the purposes of entering into this contract in terms of this Agreement and related policies.
Actions in Good Faith
Under this agreement, the actions of both the parties shall be deemed as actions in good faith (bona fide) unless there is evidence to the contrary.
1. All notices given under this agreement shall be in English.
2. If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as effective and authoritative.
Appropriation of Payments
Unless otherwise agreed and specified in writing, both the parties agreed to the principle of Appropriation of Payments. In this context, the principle of Appropriation of the payment shall mean that: In the case of default on payment on more than two occasions, the subsequent payment shall be regarded as payment towards the fulfillment of the first debt.
You clearly agree that breach of this agreement might cause us irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to compensation and any other remedy, we shall be entitled to injunctive relief against such breach or threatened breach, without proving actual damage.
Both the parties agree and acknowledge that while this Agreement is in force and for a period of Twenty Four (24) months thereafter, they shall not directly or indirectly solicit or offer employment to any of the other's officers, employees, third party contractors and associates who have been involved in or associated with this Agreement without the other's prior consent. Both the parties clearly understand and agree that Twenty Four (24) months period is reasonable after considering training and grooming time as well as investments made on human resources by the parties.
Both parties to the agreement undertake to keep confidential, all information (oral or written) concerning the business and affairs of the other party which has been obtained or received as a result of entering into this agreement. You categorically and specifically agree and acknowledge that all information, communication and every other material of H-connect shall be kept completely confidential.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to email@example.com and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favorable to you.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, and custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the Company during your use of the Web portal and mobile application or any service incidental to the Web portal and mobile application or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Ahmedabad, Gujarat, India. The Indian Arbitration & Conciliation Act, 1996 (including any amendments therein), shall govern the arbitration proceedings without any conflict of laws. The arbitration proceedings shall be in the English language.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Ahmedabad, Gujarat, India shall have exclusive jurisdiction without any conflict of laws. However, in case of any damages due to cyber contraventions, Jurisdiction of Office of Hon’ble Adjudicating officer, Gandhinagar, State of Gujarat (India) under I.T.Act, 2000 shall be made applicable.
This document is an electronic record in terms of Indian Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical signatures.
This Agreement may not be assigned or sublet by the user without the prior written consent of Company.
You agree and acknowledge that we shall never be held responsible for any tax liabilities for your transactions. Further, for avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold us harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority to the extent such taxes or fees are assessed on us which is your primary legal obligation.
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The user acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of god, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out and industrial disputes.
Both the Parties agree that they shall use the name of each other in any of the promotion, marketing or announcement or press release without the prior consent of the other Party.
Unless and to the extent otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination including but not limited to privacy, payment, IPR, indemnity, restrictions, limited liability, arbitration, taxes and every other such terms will remain in effect until fulfilled and apply to respective successors and assigns.
In this agreement unless otherwise specified:
Reference to a Subsidiary or Holding Company is to be interpreted in accordance with the Indian Companies Act;
Reference to a party is reference to a party of this agreement and this includes the party’s permitted assignees and/or the respective successors in title to the whole undertaking;
Reference to a person includes any person, individual, company, firm, corporation, government, state or agency of a state, or any undertaking regardless of it having a legal representative or not and notwithstanding of the law under which it exists;
Reference to any statute or statutory instrument or any of its provisions shall be interpreted as a statute or statutory instrument or provisions that is re-enacted or amended from time-to-time;
All words/terms denoting the singular shall include the plural and vice varsa;
All words/terms denoting any gender shall include all genders;
All references to the clauses and Schedules shall be interpreted as reference to clauses or Schedules of this agreement.
You agree and acknowledge that you believe in our success story and take our services with confidence. You agree and acknowledge before selecting services and making payment, you have evaluated H-connect completely as per your requirements. Also, you agree and acknowledge that there is a lot of work involved to achieve every milestone while offering services to you. Therefore, you clearly agree and acknowledge that if you elect to cancel your subscription after payment then you shall not be entitled for any refund. Further, considering the same reasons, you agree and acknowledge that you shall not raise any dispute with payment repository including but not limited to PayPal, CCAvenue and others for refunding the payment. In case if you raise any such disputes then you agree, acknowledge and allow us to instruct payment repository to credit payment in our account as per this clause.