This Mobile App Terms & conditions agreement along with the Disclaimer (available at www.qispine.com/disclaimer) and Privacy Policy (available at www.qispine.com/privacy-policy) (collectively hereinafter referred to as the “Agreement”) lays out the terms and conditions and rules, as maybe amended and supplemented, from time to time (“Terms”) which shall be applicable to the access and use of the Mobile Application (“Mobile App”) of Qi Lifecare Private Limited (hereinafter referred to as “QISPINE”) i.e. https://www.Qispine.com) by you, the visitor/ user (“User”) of the Mobile App.  

1. ACCEPTANCE OF TERMS AND MODIFICATION THEREOF

1. This Agreement constitutes a binding contract between User and QISPINE, with regard to the access and use of the Mobile App.
2. Access to the Mobile App by the User constitutes an acknowledgement and acceptance in full and without any modification and/or exception by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices as stated in this Agreement in any manner, the User must not access the Mobile App.
3. QISPINE reserves the right to change the terms, conditions and notices pursuant to which the Mobile App is accessed by the User or any services (hereinafter referred to as “Services”) that are offered through the Mobile App, without any notice or intimation of such change. The User shall be responsible for regularly reviewing the terms and conditions of this Agreement. Changes to this Agreement will be effective when posted and the User agrees to review this Agreement periodically to become aware of any changes.
4. The User agrees that this Agreement forms a valid contract between the User and QISPINE, and that QISPINE may, at its sole discretion, amend any of the use or Services being provided by it vide the Mobile App and/ or this Agreement either wholly or partially, at any time and without the requirement of any prior notice or consent.
5. QISPINE reserves the right, in its sole discretion, to terminate or modify the access to the Mobile App and/or any of the Services or any portion thereof at any time, without any prior notice.
6. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or the right to use the Mobile App by the User as contained herein or any other section or pages of the Mobile Appin any manner whatsoever.
7. The User “uses” the Mobile App anytime he accesses, views, links to or from, or otherwise interacts or communicates with or connects to, the Mobile App(or any parts thereof) or interacts or communicates with other Users through the Mobile App(including, without limitation, on message boards, chat rooms and/or other communities established on the Mobile App if any).

   

2. LIMITED USER RIGHTS & OBLIGATIONS

1. The User agrees that even though the Mobile App is targeted to Indian Residents it may be accessed in other parts of the world. The material/information on the Mobile App is not intended for use by persons located in, or residents in countries that restrict the distribution of such material/information or by any person in any jurisdiction where distribution or use of such material/information or usage or access of Mobile App will be contrary to law or any regulation. It shall be the responsibility of every User to be aware of and fully observe the applicable laws and regulations of the jurisdiction which User is subject of. If the User is not an Indian resident, NRI or PIO and yet uses the Mobile App, he acknowledges, understands and agrees that he is doing so on his own initiative and at his own risk and QISPINE shall not be liable for violation/breach of any of the laws applicable to usage of the Mobile App.
2. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Mobile Appin any manner whatsoever. Limited reproduction and copying of some of the content of the Mobile App is permitted for the User unless otherwise prohibited by QISPINE. For the content which is prohibited by QISPINE the prior written consent of QISPINE is required to be obtained by the User. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Mobile App is strictly not permitted.
3. The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Services. It is clarified that the Services, including the use of the Mobile App, is not for commercial use but is specifically meant for personal use only of the User.

 

3. NO WARRANTY

1. Although all efforts are made to ensure that information and content provided as part of this Mobile App is correct at the time of inclusion on the Mobile App, however there is no guarantee to the accuracy of the Information. This Mobile App makes no representations or warranties as to the fairness, completeness or accuracy of Information. There is no commitment to update or correct any information that appears on the Internet or on this Mobile App Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. Any use of this Mobile App or the information is at your own risk. Neither QISPINE or any of QISPINE companies, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Mobile App or the information, or any Mobile App linked to this Mobile App.
2. QISPINE is only the information provider, and it cannot therefore control or prevent changes in the published descriptions or oral representations, which are always based upon information provided by third parties and shall not be liable in any manner for any content that such third party would provide. All Users are cautioned to conduct their own due diligence and seek separate and specific legal and other advice prior to make any decisions or investments based on the information provided on the Mobile App.

 

4. THIRD PARTY SITES

1. The Mobile App may contain links to other websites or may contain features of any nature of other Mobile Apps on the Mobile App. The linked websites are not under the control of QISPINE or the Mobile App and QISPINE is not responsible for the contents of any linked site, including without limitation any link or advertisement contained in a linked site, or any changes or updates to a linked site. QISPINE is not responsible for any form of transmission, whatsoever, received by the User from any linked site. QISPINE is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement of any nature by QISPINE or the Mobile App of the linked sites or any association with its operators or owners including the legal heirs or assigns thereof.
2. QISPINE is not responsible for any errors, inclusions, omissions or representations on any linked site, or on any link contained in a linked site. QISPINE does not endorse any advertiser on any linked site or on any link contained in a linked site, in any manner. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.

 

5. COMMUNICATION SERVICES

1. The Mobile App may contain services such as email, chat, bulletin board services, news groups, forums, communities, personal web pages, calendars, and/or other message. The User agrees and undertakes to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, the User agrees and undertakes that when using a communication service, the User will not:
   • • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
     • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
     • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Mobile App or another’s computer;
     • advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages;
     • violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Mobile App contained elsewhere herein.
2. QISPINE will review materials posted through communication service and shall remove any materials in its sole discretion. The QISPINE reserves the right to terminate the User’s access to any or all of the communication services at any time without notice for any reason whatsoever.
3. The QISPINE reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in QISPINE’s sole discretion.
4. QISPINE does not control or endorse the content, messages or information found in any communication service and, therefore, QISPINE specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User’s participation in any communication service.
5. When User registers with the Mobile App, User consents that QISPINE or any of its partners/ affiliate/ group companies or third party service providers may contact User from time to time to provide the offers/ information of such products/ services that they believe may benefit User.

 

6. REGISTRATION PROCESS FOR USER

1. Registration of the User on the Mobile App is optional. If the User opts to register himself on the Mobile App, upon completion of the registration process, the User shall receive a User id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and User id, and shall be fully responsible for all activities that occur by use of such password or User id. Further, the User agrees not to use any other party’s under id and password for any purpose whatsoever without proper authorization from such party. The User is responsible for the security of his password and for all transactions undertaken using his password. The password entered by the User is transmitted in one- way encrypted form to QISPINE’s database and stored as such. Thus the password will not be known even to QISPINE. QISPINE will not be responsible for any financial loss or any other loss, inconvenience or mental agony resulting from misuse of your ID / password / account details.
2. The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form on the Mobile App; and (b) Upon registration QISPINE will permit the User to review the information/data provided by User and it shall be User’s obligation to maintain and promptly update the registration data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or QISPINE has reasonable grounds to suspect that the registration data or any part thereof is untrue, inaccurate, not current or incomplete and QISPINE shall not be responsible for authenticity of data provided by User. QISPINE has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Mobile App and/or any of the QISPINE Services where is found that User had wilfully provided any inaccurate information/data.
3. The User grants QISPINE the right to disclose to third parties the registration data to the extent necessary for the purpose of providing services by QISPINE, its affiliates and third party service providers.

 

7. PASSWORD PROTECTION

1. You shall not be entitled to avail the facilities without the use of a user name and password. You are responsible for maintaining the confidentiality of your password and Account, and you shall not allow anyone else to use your password at any time. You are fully responsible for all activities that occur using your password or Account. You are requested to please notify QISPINE immediately of any unauthorized use or access of your password or Account, or any other breach of security. The Mobile App will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

 

8. PROMOTIONAL OFFERS

1.  You may receive from time to time, announcements about offers with intent to promote this Mobile App and/or facilities/products of QISPINE companies. The promotional offer(s) would always be governed by these Terms of Use plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding promotional offer only and shall prevail over these Terms of Use, to the extent they may be in conflict with these Terms of Use. QISPINE reserves the right to withdraw, discontinue, modify, extend and suspend the promotional offer(s) and the terms governing it, at its sole discretion.

 

9. CONFIDENTIALITY

1. The Parties hereby agree to keep the data, information and terms of the contract confidential and shall not disclose the same without the consent of the other Party.
2. The Parties shall not be liable for breach of the above clause when the Confidential Information is disclosed in pursuant to an order of any court or government authority and/or, in performance of this contract by QISPINE and/or when the parties independently obtain from third party.

 

10. BREACH

1. Without prejudice to the other remedies available to QISPINE under this Agreement or under applicable law, QISPINE may limit the User’s activity, warn other Users of the User’s actions, immediately temporarily / indefinitely suspend or terminate the User’s registration, and/or refuse to provide the User with access to the Mobile App if:
2. The User is in breach of this Agreement and/or the documents it incorporates by reference;
3. QISPINE is unable to verify or authenticate any information provided by the User; or
4. QISPINE believes that the User’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the Mobile App and/or QISPINE.
5. QISPINE may at any time in its sole discretion reinstate suspended Users. Once the User has been indefinitely suspended the User may not register or attempt to register with QISPINE or use the Mobile App in any manner whatsoever until such time that the User is reinstated by QISPINE. Notwithstanding the foregoing, if the User breaches this Agreement or the documents it incorporates by reference, QISPINE reserves the right to recover any amounts due and owing by the User to QISPINE and to take strict legal action as QISPINE deems necessary.

 

11. INTELLECTUAL PROPERTY RIGHTS

1. This Mobile App contains information, materials, including text, images, graphics, videos and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in these materials are either owned by QISPINE or have been licensed to facilities provider, QISPINE Companies by the owner(s) of those rights so that it can use these materials as part of this Mobile App Other than those materials which belong to Third Parties, QISPINE Companies retains copyright on all Information, including text, graphics and sound and all trademarks displayed on this Mobile App which are either owned by or licensed to by QISPINE and/or used under license by QISPINE Companies.
2. You shall not
   • copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any materials contained in the Mobile App. These restrictions apply in relation to all or part of the Materials on the Mobile App;
   • copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. No reproduction of any part of the Mobile App may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site;
   • remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the web site; link to this Mobile App; without our express written consent.

 

12. NO LIABILITY

1. THE USER UNDERSTANDS AND EXPRESSLY AGREES THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL THE QISPINE OR ANY OF ITS AFFILIATES OR GROUP COMPANIES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO USER OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USER’S USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO THE USER) ON THE MOBILE APPOR ANY PARTS THEREOF.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE USER HEREBY IRREVOCABLY WAIVES ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF ANY THE QISPINE OR ANY OF ITS AFFILIATE OR GROUP COMPANY RELATED SERVICES, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH SUCH SERVICES .

 

13. PAYMENT MODES FOR USER

1.  The User can avail, Credit Cards, Debit Cards, Unified Payments Interface (UPI), Unified Payments Interface Quick Response Code (UPI QR Code) to make payment to QISPINE in addition to the current usual mode of payment i.e. RTGS, NEFT etc. which user may be using to make the payment.
2. In case the User is interested in making the payment through the above means or need any further clarification / information, please contact us on ________

 

14. RELATIONSHIP

1. None of the provisions of this Agreement, terms and conditions, notices or the right to use the Mobile App by the User contained herein or any other section or pages of the Mobile App and/or the linked sites, shall be deemed to constitute a partnership between the User and QISPINE and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
2. None of the provisions of this Agreement, terms and conditions, notices or the information displayed on the Mobile App contained herein or any other section or pages of the Mobile App and/or the Linked Sites or the Services provided by QISPINE, shall be deemed to constitute a partnership between the QISPINE and User or any other person or company or entity and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

 

15. INDEMNIFICATION

1. The User agrees to indemnify, defend and hold harmless QISPINE, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to QISPINE in relation to the Services whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by QISPINE that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of this Agreement including any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement.

 

16. SEVERABILITY

1. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

 

17. RESTRICTION OF USAGE AND ACCESS TO MOBILE APP

1. The User agrees that QISPINE may under certain circumstances and without prior notice, immediately restrict the User’s usage of and/or limit access to the Mobile App/ QISPINE Services. Causes for restriction and /or limitation may include, but shall not be limited to, breach by the User of this Agreement, requests by enforcement or government agencies, requests by the User.
2. Should the User object to any terms and conditions of this Agreement or become dissatisfied with any QISPINE Service in any way or wishes to withdraw any consent previously given, the User’s should immediately:
   • discontinue use of the Mobile App/ QISPINE Service; and notify QISPINE of such discontinuance by written communication or by sending e-mail from registered e-mail address of the User.
   • Upon such communication by the User, QISPINE shall have a right to put a restriction or limitation on use the Mobile App/ Services and software by the User. The User shall have no right and QISPINE shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s usage of and /or access to Mobile App has been restricted and/or limited any data that the User had stored on the Mobile App may not be available for the User’s disposal.

 

18. GRIEVANCE REDRESSAL

1.  In the event User has any grievance in relation to any information uploaded on the Mobile App or with respect to processing of information or use of Mobile App, the User may contact our grievance officer provided at the Mobile App; or write at the address provided at the Mobile App. The grievance office shall endeavour to expeditiously redress the grievances, but within reasonable time as may be provided in the applicable laws.

 

19. FORCE MAJEURE

1. QISPINE shall not be liable for any failure to perform any of its obligations under this Agreement or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
2. “Force Majeure Event” means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, pandemic, civil commotion, riots, insurrection, war, acts of government.

 

20. GOVERNING LAW

1. This Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. In the event any dispute in relation hereto is brought by the User, it shall be subject to the exclusive jurisdiction of the courts of Mumbai, India however in the event any dispute in relation hereto is brought up