Bharat Tele Clinic

Terms Of Use
  1. Acceptance of the Terms of Use
Welcome to www.bharatteleclinic.co (the “Website”), operated by Bharat TelePharma Private Limited (“Company”, “we”, “us”, or “our”). These Terms of Use govern your access to and use of all content, functionality, and services offered on or through our Website. Applicability of Terms These Terms of Use apply to all users of the Website, including without limitation users who are browsers, donors, campaigners, and/or contributors of content. Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. User Categories Our Website supports two principal categories of users:
  • Campaigners: Users who launch campaigns to solicit donations.
  • Donors: Individuals who contribute to the campaigns.
Additionally, the Website is accessible to individuals who do not participate as Campaigners or Donors. Legal Capacity The use of the Website is not available to persons who are not legally capable of forming binding contracts under the Indian Contract Act, 1872 (“Contract Act”). This includes minors (under the age of 18), undischarged insolvents, or anyone else who does not hold the legal capacity to form a contract. If you do not qualify, you may not use the Website or its services. Such persons are prohibited from registering on the Website, transacting on it, or using it in any way. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
  1. Changes to the Terms of Use
We reserve the right to revise and update these Terms of Use at our sole discretion without prior notice. Any changes will be effective immediately upon posting on the Website. It is your responsibility to check this page periodically for any changes. Your continued use of the Website after the posting of revised Terms of Use constitutes your acceptance of and agreement to such changes. You agree that all subsequent transactions by you will be subject to the revised Terms of Use.
  1. Accessing the Website and Account Security
3.1 Website Availability We reserve the right to withdraw, amend, or modify this Website and any service or material we provide on the Website at our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. Occasionally, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. 3.2 User Registration To access certain resources on the Website, you may be asked to provide specific registration details or other information. By using the Website, you agree to ensure that all the information you provide on the Website is correct, current, and complete. You acknowledge that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website or any agreements entered into digitally, is governed by our Privacy Policy. You consent to all actions we take with respect to your information consistent with our Privacy Policy. 3.3 Account Confidentiality If you are provided with, or choose, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. 3.4 Security Breaches You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Additionally, you should exit from your account at the end of each session. Use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. 3.5 Right to Disable Access We reserve the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
  1. Intellectual Property Rights
4.1 Ownership and Protection The Website, including all of its contents, features, and functionality (such as information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof), is owned by Bharat TelePharma Private Limited, its licensors, or other content providers. This property is protected by both Indian and international laws governing copyrights, trademarks, patents, trade secrets, and other intellectual property or proprietary rights. 4.2 Permitted Uses You are granted permission to use the Website for your personal, non-commercial purposes under the following conditions:
  • Temporary Storage: You may temporarily store copies of materials in RAM, incidental to accessing and viewing those materials.
  • Browser Caching: You may store files that are automatically cached by your web browser for enhancing display performance.
  • Printing and Downloading: You may print or download one copy of a reasonable number of pages of the Website for personal, non-commercial use, not for further reproduction, publication, or distribution.
  • Software Applications: If we provide downloadable desktop, mobile, or other applications, you may download a single copy to your device solely for personal, non-commercial use, subject to the terms of the applicable end-user license agreement.
  • Social Media Features: You may use social media features provided with certain content strictly as enabled by such features.
4.3 Prohibited Actions (continued)
  • Modifying Material: You must not alter or modify copies of any materials from this site.
  • Separate Use: You must not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Rights Notices: You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
4.4 Commercial Use Restrictions You are expressly prohibited from accessing or using any part of the Website or its services and materials for any commercial purposes without obtaining a license or permission from us. 4.5 Compliance with Laws Any use of the Website not expressly permitted by these Terms of Use constitutes a breach of these Terms and may result in violation of applicable copyright, trademark, and other laws. If you breach these restrictions, you may be subject to prosecution and damages.
  1. Trademarks
5.1 Ownership of Trademarks The Company’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks owned by Bharat TelePharma Private Limited or its affiliates or licensors. These trademarks are vital intellectual property, protected under trademark laws. 5.2 Usage Restrictions You are not permitted to use these marks without the prior written consent of the Company. This includes, but is not limited to, using our trademarks in any manner that implies sponsorship or endorsement by us without our explicit prior approval. 5.3 Third-Party Trademarks All other names, logos, product and service names, designs, and slogans on this Website that are not owned by the Company are the trademarks of their respective owners. These trademarks are used for identification purposes only and may be the property of their respective holders.
  1. Prohibited Uses
6.1 Lawful Use You may use the Website only for lawful purposes and in compliance with these Terms of Use. Any agreement that you have entered into with the Company also governs your use of the Website. 6.2 Specific Prohibitions You agree not to use the Website:
  • Violation of Laws: In any way that violates any applicable federal, state, local, or international law or regulation. This includes, without limitation, the export of data or software to and from India or other countries.
  • Exploitation of Minors: For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • Unsolicited Communications: To transmit or procure the sending of any unsolicited advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or similar solicitation.
  • Impersonation: To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • Disruption of Service: To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
6.3 Usage Limitations Additionally, you agree not to:
  • Overburdening Resources: Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
  • Automated Interactions: Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Unauthorized Monitoring or Copying: Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Interference with Operations: Use any device, software, or routine that interferes with the proper working of the Website.
  • Malicious Software: Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Disrupt Website Operation: Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
  • Automated Data Collection: Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Unauthorized Monitoring or Copying: Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Interfering Devices: Use any device, software, or routine that interferes with the proper working of the Website.
  • Malicious Code: Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Unauthorized Access and Disruption: Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  • Denial-of-Service Attacks: Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • General Interference: Otherwise attempt to interfere with the proper working of the Website.
  1. User Contributions
7.1 Interactive Services The Website may offer message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”) to other users or to the site. All User Contributions must adhere to the Content Standards specified in these Terms of Use. 7.2 Non-Confidentiality of User Contributions Any User Contribution you post to the Website will be treated as non-confidential and non-proprietary. By posting User Contributions on the Website, you grant us and our affiliates, service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, in accordance with your account settings. 7.3 Ownership and Responsibility You represent and warrant that:
  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us, our affiliates, and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions comply with these Terms of Use.
You acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, bear full responsibility for the content, including its legality, reliability, accuracy, and appropriateness. Responsibility for User Contributions You acknowledge and accept that you are solely responsible for any content you submit, post, or contribute to the Website, known as User Contributions. This responsibility covers ensuring the legality, reliability, accuracy, and appropriateness of the content. The Company does not assume responsibility for your User Contributions. Limitation of Liability for User Contributions The Company is not liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. We do not oversee or monitor the submission of such content and, therefore, cannot guarantee its accuracy or reliability.
  1. Monitoring and Enforcement; Termination
8.1 Rights of the Company We reserve the right to:
  • Content Management: Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
  • Enforcement Actions: Take any action we deem necessary or appropriate regarding any User Contribution if we believe it violates the Terms of Use, infringes any intellectual property right or other rights of any person or entity, threatens the safety of users of the Website or the public, or could create liability for the Company.
  • Disclosure of Information: Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including intellectual property rights or their right to privacy.
  • Legal Action: Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Access Termination: Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.
8.2 Cooperation with Law Enforcement We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. 8.3 Waiver and Indemnity YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, AND COSTS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/SUCH PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 8.4 Limitations on Liability We do not undertake to review material before it is posted on the Website and cannot guarantee the immediate removal of objectionable material once it has been made public. Therefore, we are not liable for any actions or lack thereof concerning transmissions, communications, or content provided by any user or third party. Additionally, we do not hold any liability or responsibility for the performance or nonperformance of the activities described in this section.
  1. Content Standards
9.1 General Compliance All User Contributions and interactions on the Website’s Interactive Services must fully comply with all applicable central, federal, state, local, and international laws and regulations. 9.2 Prohibited Content User Contributions must not:
  • Offensive Content: Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Discriminatory Content: Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Intellectual Property Violations: Infringe on any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any other person.
  • Legal Rights Violation: Violate the legal rights (including rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Unauthorized Images or Videos: Contain images or videos of persons without such person’s consent.
  • Deceptive Practices: Be likely to deceive any person.
  • Illegal Activities: Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Discomfort and Annoyance: Cause annoyance, inconvenience, or needless anxiety; be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonation: Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Commercial Activities: Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Misrepresentation: Give the impression that contributions emanate from or are endorsed by us or any other person or entity, if this is not the case.
9.3 Enforcement and Consequences Failure to comply with these Content Standards can lead to the immediate removal of your content, warning, or suspension of your access to the Website’s services, and may expose you to civil or criminal liability. We reserve the right to take any action we deem necessary to ensure the integrity and safety of our community.
  1. Copyright Infringement
10.1 Reporting Copyright Infringement If you believe that your copyright has been infringed by any User Contributions on our Website, please provide us with a written notice of copyright infringement at the contact address specified on our Website. 10.2 Information Required Your notice should include the following information:
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material you claim is infringing is located on the Website.
  • Your contact information, including address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
10.3 Enforcement Policy It is our policy to respond to notices of alleged copyright infringement promptly. Consistent with our policy, we will terminate user accounts of repeat infringers and remove the infringing material from the Website.
  1. Reliance on Information Posted
11.1 Accuracy and Completeness of Information While we strive to provide accurate, correct, and complete information regarding campaigns, campaigners, and beneficiaries of donations, we do not guarantee the veracity, reliability, or completeness of any information presented on the Website. You should be aware that any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from your reliance on any materials on our Website, whether used by you or any other visitors to the Website, or by anyone who may be informed of its contents. 11.2 Third-Party Content This Website includes content provided by third parties, including materials from campaigners, beneficiaries of donations, other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. Statements and opinions expressed in these third-party materials, and all articles and responses to questions and other content, except for the content provided directly by the Company, are solely the opinions and the responsibility of the entity providing those materials. Such content does not necessarily reflect the opinion of the Company. We are not responsible or liable for the content or accuracy of any third-party materials. 11.3 Updating of Website Content The content on this Website is updated periodically; however, the information provided is not necessarily always complete or up-to-date. Some material on the Website may be out of date at any given time, and we are under no obligation to update such material.
  1. Information About You and Your Visits to the Website
All personal information we collect through this Website is treated in accordance with our Privacy Policy. By using the Website, you consent to the collection, use, and disclosure of your information as outlined in our Privacy Policy. You also agree to any actions we take with respect to your information in compliance with this policy. Please review our Privacy Policy to understand our practices regarding your personal information.
  1. Terms of Donations
13.1 Compliance with Laws Donations and transactions made through our Website are governed by these Terms of Use and must comply with all applicable laws in India and the donor’s jurisdiction. This includes adherence to the provisions of India’s Foreign Contribution Regulation Act, 2010, as amended, particularly concerning donations from outside India. 13.2 Donor Responsibilities Upon registration, donors gain access to information about campaigns and their beneficiaries, including direct communication channels. While Bharat TeleClinic endeavors to pre-screen and qualify campaigns, this process is not infallible. Donors are encouraged to conduct their own due diligence and not solely rely on the information provided by Bharat TeleClinic. We do not guarantee that campaign funds will be used as promised by campaigners or beneficiaries. 13.3 Communication Updates Donors may receive updates about campaign progress/status and consent irrevocably to such communications. To opt-out, donors must adjust their communication preferences in their Bharat TeleClinic profile as outlined in our Privacy Policy. 13.4 Transaction Methods Donations within India can be made via credit cards, debit cards, RTGS, NEFT, net banking, UPI, and QR codes. Donations from outside India are processed through the Stripe payment platform. All transactions are conducted through established banking and financial systems, and Bharat TeleClinic does not provide banking or financial services nor assume fiduciary responsibilities. 13.5 Cooperation with Financial Institutions There may be instances where financial institutions require additional information, implement delays, or take other actions as deemed necessary. Donors agree to cooperate with Bharat TeleClinic in meeting compliance obligations and resolving any issues that arise. 13.6 Refusal of Transactions Bharat TeleClinic reserves the right to refuse processing donations for any reason, including suspicions of fraudulent interactions or potential legal violations. In cases of significant suspicion, Bharat TeleClinic may hold funds and involve law enforcement rather than refunding them directly to the donor. 13.7 Reversal of Donations Bharat TeleClinic retains the discretion to reverse any donations in the event of a violation of these Terms of Use or other applicable laws. No interest or additional charges will accrue on reversed transactions. Donors acknowledge that Bharat TeleClinic is not liable for any damage or loss resulting from halted or reversed transactions.
  1. Linking to the Website and Social Media Features
14.1 General Linking Guidelines You are permitted to link to our homepage, provided that the link is done in a manner that is fair and legal, does not harm our reputation, or take advantage of it. However, you must not establish a link that suggests any form of association, approval, or endorsement on our part without our express written consent. 14.2 Social Media Features Our Website may provide specific social media features that enable you to:
  • Link from your own or certain third-party websites to content on this Website.
  • Send emails or other communications with specific content, or links to specific content, on this Website.
  • Cause limited portions of content from this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features as provided by us, solely with the content they are displayed with, and in accordance with any additional terms and conditions we provide regarding such features. 14.3 Restrictions on Linking You must not:
  • Establish a link from any website not owned by you.
  • Cause the Website or portions of it to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. 14.4 Cooperation and Enforcement You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice and may disable all or any social media features and any links at any time without notice, at our discretion.
  1. Links from the Website
15.1 Third-Party Links Our Website may contain links to external sites and resources provided by third parties. These links, including those within advertisements such as banner ads and sponsored links, are provided solely for your convenience. 15.2 Disclaimer of Responsibility We do not have control over the contents or the availability of these third-party sites or resources. We accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of any links does not imply endorsement of the material on such websites or any association with their operators. 15.3 Risk and Terms of Use If you decide to access any of the third-party websites linked from our Website, you do so entirely at your own risk. Your use of external sites is subject to the terms and conditions of use for those sites.
  1. Geographic Restrictions
16.1 Owner and Location The owner of the Website, Bharat TeleClinic, is based in India. This Website is primarily intended for users within India but may also be accessed by users outside of India. 16.2 Accessibility and Appropriateness While we strive to make the Website globally accessible, we do not claim that the Website or any of its content is accessible or appropriate outside of India. Certain content, products, or services offered on the Website may not be suitable or available in other jurisdictions. 16.3 Legal Compliance If you access the Website from locations outside India, you do so on your own initiative and are responsible for compliance with applicable local laws. Access to the Website may not be legal by certain persons or in certain countries, and any such access is at your own risk.
  1. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE INTERNET, THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  1. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF PROFIT, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  1. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
  1. Governing Law and Jurisdiction
20.1 Applicable Laws These Terms of Use are governed by and construed in accordance with the laws of India, particularly the Information Technology Act, 2000, and the rules made thereunder (“IT Act”), as well as other relevant Indian laws. This document is an electronic record in terms of the IT Act and is generated by a computer system; it does not require any physical or digital signatures. 20.2 Jurisdiction All matters relating to the Website, these Terms of Use, and any dispute or claim arising from or related to them (including non-contractual disputes or claims), shall be governed by the laws of India, excluding its conflicts of law principles. 20.3 Exclusive Courts Any legal suit, action, or proceeding arising from or related to these Terms of Use, the Website, or any campaigns launched or donations made through the Website shall be instituted exclusively in the competent courts located in Mumbai, India. However, Bharat TeleClinic reserves the right to initiate proceedings against you in your country of residence if it is outside India. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts. 20.4 Arbitration At the Company’s discretion, it may require you to submit any disputes arising from or related to these Terms of Use, including their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Indian Arbitration Act of 1996, as amended. The arbitration shall be conducted in Mumbai, and the language of arbitration shall be English.
  1. Limitation on Time to File Claims
To ensure timely resolution of disputes, you must initiate any legal actions or claims you may have arising out of or related to these Terms of Use, the Website, or any transactions conducted through the Website within one (1) year after the cause of action accrues. Any claims not initiated within this period are permanently barred, effectively preventing them from being brought to court or arbitration in the future.
  1. Waiver and Severability
22.1 Waiver No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by the Company to assert a right or provision under these Terms of Use does not constitute a waiver of such right or provision. 22.2 Severability If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use will continue in full force and effect.
  1. Entire Agreement
23.1 Agreement Overview The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Bharat TeleClinic (operated by Bharat TelePharma Private Limited) regarding your use of the Website. This agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning your use of the Website. 23.2 Precedence in Case of Conflict In the event of a conflict between the provisions in these Terms of Use and any separate agreement you may have with Bharat TeleClinic, the terms of that separate agreement shall prevail and control.
  1. Your Comments and Concerns
24.1 Website Operator This Website is operated by Bharat TelePharma Private Limited, located at B-46, Above Krishna Enterprise, TTC Industrial Area, Airoli, Thane – 400708, Maharashtra, India. 24.2 Contact Information For all notices, you can reach us via email at: admin@bharatteleclinic.co. For feedback, comments, requests for technical support, and other communications relating to the Website, please direct your queries to the same email address. 24.3 Submissions Please note that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website (“Submissions”) provided by you are non-confidential. Bharat TeleClinic is entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.