Please read this Terms and Conditions of Use Agreement (the “Agreement”) carefully as it sets forth the conditions of use of the Akos, (the “Application”) and website, www.akosmd.in (“Website”) and is a legally binding agreement between you, personally, and any entity on whose behalf you are using the Application (collectively “You” and/or “Your”) and Akos MD Healthcare Private Limited, (“AKOS”). If You do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Application. AKOS reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice to You. Modifications shall become effective immediately upon download of any applicable updates or modifications to the Application/being posted on the AKOS website. Your continued use of the Application after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Use of Application


The Application may be used by, and membership or participation in any online accounts, is limited to individuals who can form legally binding contracts under applicable law. You must (1) provide all equipment necessary for Your own Internet connection, including computer and/or table and/or mobile device and modem, and (2) provide for Your access to the Internet. Subject to the terms and conditions mentioned herein, you are hereby granted a limited, non-exclusive, non-transferable, restricted license solely for the purpose of using the Application to receive services provided by or through the Application. No other right, title or interest is granted in, and to the Application. You shall not modify the Application, except as may be authorized, nor adapt, translate, reverse engineer, decompile, disassemble, and/or otherwise attempt to discover the source code of the software, nor take any other steps to discover the confidential information and/or trade secrets contained in the Application.

2. Intellectual Property


All content included or available through the Application, including the Application design, text, graphics, interfaces, and the selection and arrangements thereof, and all trademarks, copyrights, database rights and other intellectual property rights related to it belong to AKOS. Any use of materials on or from the Application, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of AKOS is strictly prohibited.

3. Representations and Warranties


You represent and warrant to AKOS that:
(i) You have the full power and authority to enter into and perform your obligations under this Agreement;
(ii) Your assent to and performance of Your obligations under this Agreement does not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules;
(iii) all information provided by You on Your account is accurate and current and will be updated by You to remain current;
(iv) this Agreement constitutes legal, valid and binding obligations on You, enforceable in accordance with its terms and conditions;
(v) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in Your use of the Application;
(vi) You will comply with all applicable laws, rules and regulations in Your use of the Application, as well as the agreed upon terms of this Agreement; and
(vii) You understand and acknowledge that AKOS may terminate this Agreement at any time in its sole discretion.

4. Disclaimer of Warranties


The Application is provided by AKOS on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, AKOS makes no representations or warranties of any kind, express or implied, that the Application or the use thereof
(i) will be free from defects, inaccuracies or errors,
(ii) will be uninterrupted or secure
(iii) will meet Your requirements or
(iv) will operate in the configuration or with the other software You use. AKOS disclaims all warranties with regard to the Application or information provided through the Application, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

5. Limitation of Liability


AKOS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR AKOS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE APPLICATION, OR ITS USE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF AKOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF AKOS ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE OR THE SERVICES EXCEED INR 5,000.00 SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Indemnification


You agree to indemnify and hold AKOS , its officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Your use of the Application, the violation of this Agreement, or infringement by You of any intellectual property or any other right of any person or entity.

7. Modifications and Interruption to Services


AKOS reserves the right to stop providing the Application with or without notice to You. AKOS shall not be liable to You or any third party should AKOS exercise its right to stop providing the Application. You acknowledge and accept that AKOS does not guarantee continuous, uninterrupted or secure access or use of the Application and operation of the Application and may be interfered with or adversely affected by numerous factors or circumstances outside of AKOS ’s control.

8. Third-Party Sites and Information


The Application may include links to other sites on the Internet that are owned and operated by online merchants and other third parties and may rely on third party information to provide services through the Application. You acknowledge that AKOS is not responsible for the availability of, or the content located on or through, any third-party site nor the accuracy of the information provided by any third party. You should contact the site administrator or webmaster for those third-party sites or administrator of any such third party as applicable if You have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and AKOS is not responsible therein. You are strongly encouraged to review said privacy policies of third-parties’ sites.

9. Governing Jurisdiction and Applicable Law


This Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. You agree that this Agreement is made and partially performed in the Delhi, and that venue for any action at law or in equity arising out of or relating to this Agreement shall be exclusively limited to the Delhi Court. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such action, and waive any defences of lack of minimum contacts or forum non convenient.

10. Compliance with Laws


You assume all knowledge of applicable law and are responsible for compliance with any such laws. You shall not use or access the Application in any way that violates applicable state laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

11. Other Terms


If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by AKOS, in its sole discretion, to a third party in the event of a merger or acquisition or sale of all or substantially all of the assets of AKOS. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between You and AKOS.

12. Privacy Policy Statement


AKOS will take all reasonable measures to safeguard Your privacy while visiting the Website. You agree that by accepting this Agreement, you are consenting to the use and disclosure of Your personally identifiable information and other practices described in AKOS’s Privacy Policy. Please consult our Privacy Policy for details.

13. Governing Law And Dispute Resolution


This Privacy Policy and the Terms and Conditions of Use shall be governed by and construed in accordance with the laws of India. Any and all disputes arising from this Privacy Policy and the Terms and Conditions of Use will be subject to arbitration to be conducted by an independent sole arbitrator (who shall be a retired judge/judicial officer) to be appointed by AKOS. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted in New Delhi and in English language. Subject to arbitration, the jurisdictional courts at New Delhi shall be entitled to grant interim relief/injunction.
A printed version of this Privacy Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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Akos MD Healthcare Pvt. Ltd.

SmartWork Corporate Park, Maple Towers,
Sector-125, Noida, Pin-201303