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Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the 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 to make the terms of this policy binding.

PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.

A.     ACCEPTANCE OF TERMS

The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy constitute a legally-binding agreement between Pink Healthcare Private Limited, a company incorporated under the Companies Act, 2013  having its registered office at A2/74, Ground Floor, Safdarjung Enclave, New Delhi – 110029 (“iRockit”, “Pink Healthcare”, “we”, “our” or “us”), and any user of this website including Service User (as defined hereunder) and Service Provider (as defined hereunder), collectively the “User” (“You” or “Your”).

These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of iRockit Services available through the domain and sub-domains of iRockit located at www.irockit.in (collectively referred to herein as the “Website”).

The User of the Website can be any visitor and who will fall into 3 categories, namely, Non-Registered User, Registered User and Service Provider. Registered Users are users who have registered themselves an account on the Website by providing iRockit with certain information and who can log on to the Website by providing their username and password. Non-Registered Users are users who are not registered with the Website but may access certain information on the Website which does not require registration. Service Providers refers to individual practitioners and organisations involved in the delivery of medical, healthcare, education and related Services and who wish to list their Services, or are already listed, on the Website, including designated, authorised associates of such Service Providers. In addition to the terms hereunder, Service Providers shall be subject to certain additional terms which can be accessed at ADDITIONAL TERMS OF USE FOR SERVICE PROVIDERS.  Service User includes Non-Registered User and Registered User, and refers to the individuals who are obtaining the Services of the Service Providers listed in the Website.

Services includes the following: (1) listing of various practitioners (psychologists, psychiatrists, special educators and other medical and rehabilitation professionals) and institutions (which employ such practitioners), along with their respective details; (2) providing information targeted at parents and schools to enable them to help children with special needs and mental health issues; (3) and other related Services.

You acknowledge that the Website serves as a platform for agreeing upon Services between Service Providers and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by visiting the website, You hereby certify that: (1) You are a User, (2) You have the authority to enter into these Terms of Use, and (3) You agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If You do not so agree to the foregoing, or to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in the Website immediately.

All references to “You” or “Your”, as applicable, mean the User that accesses, uses, and/or participates in the Website in any manner. If You use the Website or open an Account (as defined below) on behalf of a business, You represent and warrant that You have the authority to bind that business and Your acceptance of the Terms of Use will be deemed an acceptance by that business and “You” and “Your” herein shall refer to that business.

  1. Modifications to Terms of Use and/or Privacy Policy

iRockit reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and iRockit will post notice of the changes and the amended Terms of Use at the domain of www.irockit.in/terms. It is Your responsibility to review the Terms of Use for any changes and You are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify Your assent to and acceptance of any revised Terms of Use. If You do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

  1. Privacy Policy

iRockit has established a Privacy Policy that explains to its users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

The Privacy Policy is located here.

  1. Services and other information

We reserve rights to alter and add more Services to the list of Services we provide.

The content that You obtain or receive from iRockit, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Service Providers is for informational, scheduling and payment purposes only. All medically related information, including but not limited to information shared via iRockit blog, official iRockit social media channels, iRockit emails and text messages, and iRockit advertising, comes from independent healthcare professionals and organizations and is for information purposes only.

The content, whether such content is provided by or through the use of the Services or through any other communications from iRockit, is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider because of something You may have read on the Website. Do not use the Services for emergency medical needs. If You experience a medical emergency, immediately call a health care professional. Your use of the content is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, or other professional health care advice, or the provision of medical care.

  1. Payment for the services

We do not receive payment for the Services which includes hiring of Service Providers. Such Service Providers shall be paid directly by the Service User.

B.     MEMBERSHIP AND ACCESSIBILITY

  1. License to access

iRockit hereby grants You a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that (i) You will not copy, distribute, or make derivative works of the Website in any medium without iRockit’s prior written consent; (ii) You will not alter or modify any part of the Website other than as may be as may permitted by the iRockit and are reasonably necessary to use the Website for its intended purposes; and (iii) You will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

  1. Eligibility criteria

Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that You are at least 18 years of age, and that: (a) all registration information that You submit is truthful and accurate, (b) You will maintain the accuracy of such information, and (c) Your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that You are under the age of 18 or that You are not complying with any applicable laws, rules or regulations. If You are below 18 and You wish to use the Website, You must get consent from Your parent or guardian before doing so.

  1. Features available

If You are Non-Registered User, You can simply visit the Website and do the following:

  1. Search for and view the profiles of the Service Providers who work with children and adolescents with special needs, mental health problems and other related issues. Service Provider’s profiles include but are not limited to the detailed information such as name of practitioner, profile photo, specialisation, qualifications, experience, appointment details, personal statement, awards, professional memberships and license numbers. Where a Service Provider is an institution, such profile shall contain a brief description about the institution along with individual profiles of relevant practitioners that are employed by the institution.
  2. View informative content geared towards enabling parents and schools to help children and adolescents with the above mentioned problems. The content is in the form of articles, interviews, news, videos, podcasts, infographics, guides, case studies, link pages, lists etc.

You need not register with iRockit to simply visit and view the Website and Service catalogue available there, but to access and participate in certain features of the Website, a Registered User will need to create a password-protected account (“Account”). These certain additional features include, but are not limited to:

  1. Viewing contact details, offer reviews and ‘like’ the profiles of Service Providers; and
  2. Comment on articles, videos and other content posted on the Website.

If You are a Service Provider, You can do everything that a Non-registered User can, and apart from that You shall be entitled to the following:

  1. Publish Your profile details for Service Users to view.
  2. View contact details, write recommendations and ‘Like’ the profiles of other Service Providers.
  3. Comment on articles, videos and other content posted on the Website.

To create an Account, You must submit Your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to iRockit in providing You with a more customized experience when using the Website.

You are solely responsible for safeguarding Your iRockit password (“Passwords”) at all times and shall keep Your Passwords secure at all times. You shall be solely responsible for all activity that occurs on Your Account and You shall notify iRockit immediately of any breach of security or any unauthorized use of Your Account. Similarly, You shall never use another’s Account without iRockit’s permission. You agree that You will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.

You hereby expressly acknowledge and agree that You yourself and not iRockit will be liable for Your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of Your Account. Notwithstanding the foregoing, You may be liable for the losses of iRockit or others due to such unauthorized use.

C.     USE OF THE WEBSITE

  1. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws and will not deliberately use the Website in any way that is unlawful or harms iRockit, its directors, employees, affiliates, distributors, partners, Service Providers and/or any User and/or data or content on the Website.
  2. You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS or email message(s) to the mobile number or email id that You provide on the Website. You hereby consent to receive such messages from iRockit.
  3. You acknowledge that this Website is an informative platform only. The Website is not in the business of providing healthcare service or hospital Services. If any such Services are offered at a later date, the Terms of Use will be updated to reflect the same.
  4. We encourage You to independently verify any information You see on the Website including profile details provided by Service Providers. iRockit relies on Service Providers to provide accurate profile information and often does not independently verify the accuracy of the same.
  5. iRockit (i) does not recommend or endorse any Service Providers mentioned on the Website; and (ii) does not make any representations or warranties with respect to Service Providers or the quality of the healthcare Services they may provide, and (iii) does not grade Service Providers.

D.     ROLE OF IROCKIT

  1. iRockit’s role is limited to (a) providing a platform for hosting and publishing content, some of which may be User generated; and (b) providing a platform to find Service Providers and view their profiles based on information provided by Service Providers.
  2. iRockit bears no responsibility and / or liability in respect of the content on the Website which is (i) User generated; (ii) provided by Service Providers; and (iii) produced via online interactions between Service Providers and Users.
  3. iRockit does not have the obligation to pre-screen or monitor content by the User or by Service Provider at any time. However, iRockit may elect to monitor any User content or Service Provider content and remove any such content from the Website if iRockit determines in its sole discretion that such content is in violation of this Terms of Use or any applicable law and best practices.
  4. If iRockit suspects any illegal, wrongful or fraudulent activity on the Website by any User, notwithstanding any other rights, iRockit reserves the right to inform the relevant government or law enforcement authorities. iRockit will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
  5. iRockit does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.

E.     LINKS TO THIRD PARTY WEBSITES

  1. You may be provided with links on the Website that direct You to third party websites / applications / content or Service Providers, including advertisers and e-commerce websites (collectively “Third Party Websites”).
  2. iRockit does not endorse any Third Party Websites that You may be directed to from the Website.
  3. Links to such Third Party Websites are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Websites via links available on the Website. Should You decide to click on the links to visit such Third Party Website, You do so of Your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and iRockit is not responsible for Your use of any Third Party Websites.

F.     INFORMATIVE CONTENT ON WEBSITE

  1. iRockit offers informative content and educational material in the child and adolescent special needs, mental health and related areas. The content is in the form of articles, interviews, news, videos, podcasts, infographics, guides, case studies, link pages, lists etc. (“content”)
  2. iRockit shall have the right to edit or remove the content and any comments in such manner as it may deem fit at any time.
  3. A User or Service Provider may view content posted on Website and create and upload comments on such content, where allowed.
  4. User agrees that the content they access on iRockit does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the content, is solely attributable to the User. The User agrees to absolve iRockit from and indemnify iRockit against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of content on iRockit Website.
  5. The User acknowledges that all intellectual property rights in the content or images created by iRockit and available on the Website vests with iRockit. The User agrees not to infringe upon iRockit’s intellectual property by copying or plagiarising content or images of iRockit on the Website. iRockit reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on iRockit Website will be the sole intellectual property of iRockit. The User agrees not to post any comments on the Website that violate the intellectual property of any other person. iRockit reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve iRockit from and indemnify iRockit against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment or images on iRockit Website.
  6. iRockit does not provide any warranty as to the ownership of the intellectual property in the images or content which is curated on the Website from third party sources and the User acknowledges that the User will use such images or content from the iRockit site at their own risk. iRockit shall post content on the Website at its own will and subject to these Terms and Conditions.
  7. User agrees not to post any comments which are defamatory, obscene, and objectionable or in nature and iRockit reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve iRockit from and indemnify iRockit against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on the Website.

G.     IP INFRINGEMENT POLICY

TRADEMARK

Pink Healthcare Private Limited is the owner, author, creator and publisher of the website www.irockit.in. The Website contains the trademark, logos, trade name, service marks and other marks (collectively “Marks“) which are the intellectual property of the Company or their vendors or respective third parties.

The terms “You” or “Your’ refer to You as the User of the Website or a Practitioner of the Website availing the services offered by the Website. You understand that the Company uses the Marks of various Users and respective third parties validly procured / consented from the owner thereof. In doing so, the Company has no intention, whatsoever, to acquire rights of use or license to these Marks or portray that the Company owns the Marks.

This IP infringement policy (“Policy”) helps in prohibiting the use of the Website for infringing the intellectual property rights of third parties or of the rightful owner. This Policy requires all users to comply with all governmental laws and regulations including but not limited to the Policy as amended from time to time.

If you see anything on the Website, which you believe is violating the intellectual property rights, please send an infringement intimation to arjun.sawhney@irockit.in alongwith specify exact URLs and the details which are specified below. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time.

Infringement by Users

The Company is not responsible for any actions of its Users which amounts to infringement of any intellectual property rights of a third party. The User availing the services provided by the Company hereby indemnify the Company for any loss suffered by it due to any infringement action brought by any third party due to the actions of the said User.

COPYRIGHT

The contents listed on the Website are (i) User generated content, or (ii) belong to the Company. The information that is collected by the Company directly or indirectly from the Users, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website shall belong to the Company. Copying of the copyrighted content published by the Company on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly.

The content posted by any User is owned by the User and the copyright in the same belongs to the User subject to any agreement to the contrary.

The copyright in third party advertisements visible on the Website shall vest in the third party.

The Company for the purpose of information and without any motive to make profit make available various articles, essays and content from various websites from various authors and third parties with due credit and a reference to the original article.

In the event, any third party wishes to take down any such article then they shall write to the Company at the address provided above and the said article shall be removed within 3 days.

How to report an infringement

If you have a good faith belief that Your Mark has been infringed by any User on the Website or the Company, you may follow the below process and /or seek Legal advice.

We require that the Intellectual Property right owner or authorized representative provide the following details and email to the aforementioned email id.

The email should contain the below information.

  1. Identification or description of the Intellectual Property Rights that has been infringed;
  2. Unambiguous identification or description of where the material that you claim is infringing is located on the Website with adequate particulars, Website links of infringing products;
  3. Your address, telephone number, and email address;
  4. A statement by you, that the information in your notice is accurate and that you are the owner of the Mark or authorized to act on the owner’s behalf;
  5. Brand/Trade Name (in case of Trademark infringement);
  6. Details of the intellectual property being infringed as attachment.

Grievance Redressal policy

The Company shall take all necessary steps and/or remove the infringed product/details from its Website within 7 (seven) working days subject to verification of the details as given above and the nature of complaint.

H.     PERSONAL INFORMATION

  1. We may collect various personal information from You when You use the Website and or the features provided by the Website or through a hard copy form or other interactions.
  2. Our Privacy Policy sets out our policy with respect to the collection, storage, use, transfer and protection of any such personal information.
  3. When You click on the “I accept” or “I agree” tab at the time of registering or otherwise provide Your personal information, You specifically consent to Our Privacy Policy.
  4. iRockit may disclose Your Personal Information in accordance with applicable law.
  5. In the event You have provided Your information via a hard copy form or through an offline interaction You shall be sent a link to activate Your profile and by clicking on the link You shall be agreeing to all the Terms and Conditions of the Website.

I.     DISCLAIMERS

  1. You understand and agree that any interactions and associated issues with the Service Providers on the Website, is strictly between You and the Service Providers. You shall not hold Pink Healthcare responsible for any such interactions and associated issues. Pink Healthcare is not involved in the providing any healthcare or medical advice or diagnosis or special needs related Services and hence is not responsible for any outcome between You and the Service Provider(s) You interact with. If You decide to engage with a Service Provider(s) to provide such Services to You, You do so at Your own risk.
  2. The results of any search You perform on the Website for Service Providers, or provision of access to any Service Provider on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular Service Providers. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the Service Provider(s). The search results are based on an object computer algorithm.
  3. Pink Healthcare shall not be responsible for any breach of Service or Service deficiency by any Service Provider(s).
  4. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Website by third parties, including Service Provider(s) content, is beyond our control. We are not responsible for the accuracy or completeness of information available from or through our Website. You assume full risk and responsibility for the use of information You obtain from or through this site, and You agree that iRockit is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any Service Provider(s) or health-related products, items or Services, and the appearance of materials on the Website relating to any such products, items or Services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the information on the Website, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the Website.
  5. Information regarding Service Provider(s) and practice information: Information regarding Service Provider(s) and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the Service Provider(s).  Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor Pink Healthcare provides any advice or qualification certification about any particular Service Provider. You are encouraged to independently verify any such information.
  6. No Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to Your questions or postings) may be provided by Service Provider(s). The provision of such content to You by Pink Healthcare does not constitute delivery of health care to You and does not create a professional relationship between Pink Healthcare and You.
  7. No Medical Advice Provided: The content provided by the Website, either by iRockit or by Service Provider(s), should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist You with locating appropriate medical care from a qualified Service Provider.
  8. If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from Pink Healthcare and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website iRockit is for informational and scheduling purposes only. In no event shall we be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
  9. Non-substitution of professional medical advice: The Information provided on the Website and in any other communications from or provided through iRockit is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that iRockit shall not be responsible for Your treatment, for any reason whatsoever.
  10. Pink Healthcare disclaims any representation and/or warranty for the security, reliability, quality, timeliness, and performance of (i) the Website and its features; (ii) Service Provider(s) who responds to question of a registered user; (iii) any information, content or advice available on or received through the website (iv) access to or alteration of user content or Service Provider(s) content (v) transmissions or data and (vi) any other matter relating to the Website and / or Services.
  11. Pink Healthcare makes no warranty or representation that any errors in the Website will be corrected except as required by law.
  12. Pink Healthcare assumes no responsibility and/or liability with respect to any User content or Service Provider(s) content (as applicable) which You may post on the website and You are solely responsible for such user content posted on the site.
  13. You agree that the open and real-time nature of the platform make it impossible for Pink Healthcare to vouch for the validity, authenticity and honesty of User content or Service Provider(s) content. Pink Healthcare is not responsible for any User content or Service Provider(s) content on the site, or for the consequences of You reading or relying on such User content.
  14. The Website is provided on a “as is” and “as available” basis. Neither Service Provider(s) nor any third party Service Providers are liable for any technical or other operational difficulties or problems which may result in loss of Your data, personalization settings or other interruptions in the features offered on the Website. Neither Pink Healthcare nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any User content or Service Provider(s) content, pink healthcare content or Your personalization settings.
  15. Neither the Service Provider(s) nor Pink Healthcare shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of Service Provider(s) / Pink Healthcare or due to technical reasons or third party actions.

J.     LIMITATION OF OUR LIABILITY

In no event, including but not limited to negligence, shall iRockit, or any of its directors, officers, employees, agents or content or Service Providers (collectively, the ‘Protected Entities’) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business, even if such Protected Entity has been advised of the possibility of such damages.

We shall in no way be liable for the information related to the Services or content posted on the Website that:

  1. provides or create links to external sites;
  2. is intended to harm or exploit any individual under the age of 18 in any way;
  3. is designed to solicit personally identifiable information of any person, including, but not limited to, name, email address, home address, phone number, or profession;
  4. invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  5. contains falsehoods or misrepresentations that could damage us or any third party;
  6. is pornographic, harassing, hateful, illegal, obscene, defamatory, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  7. is copyrighted or otherwise subject to third-party proprietary rights, including privacy and publicity rights and contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, pirated music or links to pirated files, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
  8. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  9. advertises or solicits a business not related to or appropriate for the Website (as determined by us in our sole discretion);
  10. contains or could be considered “junk”, “spam”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
  11. contains advertising for ponzi schemes, discount cards, credit counselling, online surveys or online contests;
  12. distributes or contains viruses or any other technologies that may harm us, or the interests or property of our users;
  13. contains links to commercial Services or websites;
  14. is irrelevant content;
  15. contains anything which is in violation of applicable laws of India.

We shall in no way be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any Service on the Website. The Service Providers act as independent contractors and any act done by the Service Providers make them solely liable. We do not guarantee or take responsibility of Your satisfaction with the provided Service. We shall in no way be liable if something goes wrong with the User during the course of providing the Service. We shall not be liable for any amount of delay or inability in performing the Service by a Service Provider.

You assume all responsibility and risk with respect to Your use of the Website. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We have no duty to update or modify the Website and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the Website, the use of the Website or our agreement with You concerning the Website, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages.

K.     FORCE MAJEURE

We shall not be liable for delayed or interruption in Service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.

L.     MODIFICATIONS TO OR TERMINATION OF WEBSITE

a.     Modification or cessation of website

iRockit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that iRockit shall not be liable to You or to any third party for any modification, suspension or discontinuance of iRockit Services.

b.     Termination by iRockit

You hereby acknowledge and agree that iRockit, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate Your Account, block Your email or IP address, cancel the Website or otherwise terminate Your access to or participation in the use of the Website (or any part thereof), or remove and discard any content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if iRockit believes or has reason to believe that You have violated any provision of the Terms of Use.

c.     Effect of termination

Upon termination of Your Account, Your right to participate in the Website, including, but not limited to, Your right to offer or purchase Services shall automatically terminate. You acknowledge and agree that Your shall have no right to receive any fees or compensation hereunder. In the event of Termination of Service, Your Account will be disabled and You may not be granted access to Your Account or any files or other data contained in Your Account. Notwithstanding the foregoing, residual data may remain in the iRockit system.

Unless iRockit has previously cancelled or terminated Your use of the Website (in which case subsequent notice by iRockit shall not be required), if You provided a valid email address during registration, iRockit will notify You via email of any such termination or cancellation, which shall be effective immediately upon iRockit’s delivery of such notice.

You agree to indemnify and hold iRockit, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

M.     RESTRICTIONS

Your use of this Website shall be subjected to the following restrictions:

  1. You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
  2. You will not extract databases, decompile, reverse engineer, or disassemble the content, or
  3. You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content. or
  4. You will not use the Website and / or Services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
  5. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.
  6. If You use the website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access to Your account. You agree to accept responsibility for all activities that occur under Your account or password
  7. You will not host, display, upload, modify, publish, transmit, update or share any information that —
    1. belongs to another person and to which the user does not have any right to use;
    2. 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;
    3. harm minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
    5. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    6. impersonate another person;
    7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
    8. 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.

N.     GOVERNING LAW AND DISPUTE RESOLUTION

  1. You agree that this Agreement and any contractual obligation between iRockit and User or Service Provider will be governed by the laws of India.
  2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or Your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by iRockit. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  3. Subject to the above sub-clause (b), the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, Your use of the Website or the Services or the information to which it gives access.

O.     NOTICE

All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

If to Pink Healthcare:
Pink Healthcare India Private Limited
A2/74, Ground Floor, Safdarjung Enclave, New Delhi – 110029.

If to You:
At the email address provided by You to us when You registered as a Pink Healthcare User or Service Provider.

P.     INDEMNIFICATION

You, hereby, agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) Your access to the Website, (b) Your use of the Services, or (c) the violation of this Agreement, or of any intellectual property or other right of any person or entity, by You or any third party using Your credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

Q.     GENERAL INFORMATION

a.     Entire terms of use

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by iRockit on the Website, shall constitute the entire agreement between You and iRockit concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and iRockit’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

b.     Section headings

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

c.     Severability

If any provision of the Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Terms of Use and the remainder of the Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

d.     Waiver

No term of the Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

e.     Complete understanding

The Terms of Use contain the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Terms of Use other than those contained or referenced in the Terms of Use.

f.     Advice of counsel

Each party acknowledges: (a) having fully read the Terms of Use in its entirety; (b) having had full opportunity to study and review the Terms of Use.

g.     Advertisement

Pink Healthcare shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.

h.     Assignment

You may not assign or sub-license, without the prior written consent of Pink Healthcare, the rights, duties or obligations under this Terms of Use, in whole or in part, to any person or entity.

i.     Conflict

In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy, the Additional Terms of Use for Service Provider(s) and any other policies applicable to specific pages of the Website, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms of Use, (iii) the Additional Terms of Use for Service Provider(s) and (iv) any other policies applicable to specific pages of the Website.

These Terms of Use were most recently updated on February 3, 2017.