Terms and ConditionsThese terms and conditions (“Terms and Conditions”) govern the relationship between NOVA PUSLE IVF CLINIC PRIVATE LIMITED, a company incorporated in India under the Companies Act, 1956 and having its registered office at House 3rd Floor, East Wing, Raheja Towers , Banglaore-560001, India (“NOVA IVF FERTILITY”, “we”, “our”, “Company” or “us”), and you (“Doctor”, “you” or “your”) for use of the application owned and operated by NOVA IVF FERTILITY. NOVA IVF FERTILITY is the proprietary developer and owner of the application, which shall mean the mobile application and all variants, tools, editions, add-ons, and ancillary products or services of the appplication (including all files and images contained therein or generated by the software, and accompanying data, herein referred to individually or collectively as “Application”). We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. It is strongly recommended that you read and understand these Terms and Conditions carefully, as by accessing the Application, you agree to be bound by the same and agree that it constitutes an agreement between you and the Company. If you do not agree with these Terms and Conditions, you should not use or access the Application for any purpose whatsoever. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. These Terms and Conditions may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review these Terms and Conditions, as available on the Application, each time you access and/or use the Application. By accepting the terms and conditions contained herein, you represent and warrant the following:
NOVA IVF FERTILITY reserves the right to terminate or refuse your registration, or refuse to permit access to the Application, if: (i) it is discovered or brought to notice that you do not conform to the aforesaid criteria, or (ii) the Company has reason to believe that the eligibility criteria is not met by a user, or the user may breach the terms of these Terms and Conditions. General Terms of Use The Application is provided as a ‘Software as a Service’ (SaaS) for the use of the Doctors through the Google Play Store by NOVA IVF FERTILITY. To the extent you use the Application and/or download the Application, the Application will be deemed to be licensed to you by NOVA IVF FERTILITY, for providing your services to the patient. The Application is offered by NOVA IVF FERTILITY on as-is basis and we have the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests by you. Subject to the privacy policy, any information provided by you to NOVA IVF FERTILITY may be used or stored by NOVA IVF FERTILITY or its affiliates even after the termination of these Terms and Conditions. Third-Party Terms and Conditions We may facilitate provision of third-party services to you within the Application. In order to use these third-party products or services, you may need to accept additional terms and conditions and meet additional requirements. These third-party services are offered by parties other than NOVA IVF FERTILITY and are subject to third party terms. We shall not be liable to you for any loss incurred by you as a result of your interaction with a third-party service on the Application, except as provided in these Terms and Conditions. Account Login During the login/ process or anytime thereafter, you may be asked to provide information such as your name, phone number, date of birth, and/or other registration information. You acknowledge that all information provided by you during the process of your registration will be verified by us. It is your responsibility to keep your account updated. You may choose to do so either by modifying or updating your account information in the app or by reaching us on appsupport@novaivffertility.com If you disable your account, your account will be suspended. You can seek restoration of the account, which will restore your access to your account. It is possible that as a result of disabling the account, some account specific data may be lost or purged and may not be retrievable. You agree and accept that we are not responsible for the loss of data or any other damage suffered by you as a result of the closure of the account by you and its subsequent restoration. License and Application Access We grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Application as made available solely for accessing and making use thereof in accordance with these Terms and Conditions. We may, from time to time, update or modify the Application, release new versions of the Application or create new modules related thereto, each of which may, at our discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of your rights hereunder including, without limitation, access to the Application. Restrictions on Use of License You shall not directly or indirectly copy or reproduce all or any part of the Application, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use the Application solely for its intended purpose and shall not use the Application for the benefit of any third party. The Application or any portion of the Application may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Application or of NOVA IVF FERTILITY and/or its affiliates. You shall not violate or attempt to violate the security of the Application. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Application, including, without limitation, any of the software comprising or in any way making up a part of the Application. In addition, you will not export, re-export or permit any third party to export or re-export, directly or indirectly, the Application where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. You shall defend, hold harmless and indemnify NOVA IVF FERTILITY, its subsidiaries, affiliates, vendors, agents and their respective partners, directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) your breach of any of your obligations or representations set forth herein; or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Application; or (iii) any claim that any content, information or materials provided by you caused damage to a third party; or (iv) your violation of any rights of another, including any intellectual property rights. Any unauthorized use shall automatically terminate the permission or license granted by the Company. Doctor’s Obligations You agree and understand that at the time of registration on the Application, a username and password shall be generated which is enable you to access your unique and personal dashboard on the Application interface and view activity. You shall not share the username and password with other persons and that you shall be liable to indemnify NOVA IVF FERTILITY for any loss or damage suffered as a result of any unauthorized use. You shall be solely responsible for: (i) complying with all applicable laws, rules and regulations at all times in connection with use of the Application, including without limitation procuring all consent of other persons in connection with use of third party information and/or data; and (ii) maintaining all passwords and access codes to the Application, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access or use the Application. You agree to use the Application and the materials provided therein only for purposes that are permitted by these Terms and Conditions. You will not use the Application, or any feature provided on the Application for any purposes not intended under these Terms and Conditions. You are responsible for maintaining the confidentiality of the username and password of your account and also for all activities that take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of such account holder. NOVA IVF FERTILITY Rights NOVA IVF FERTILITY reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Application as and when it deems fit, and make any such changes available in newer versions of Application at its discretion. You will be duly notified upon release of such newer versions and NOVA IVF FERTILITY reserves the right to automatically upgrade you to the latest version of its Application as and when it deems fit. NOVA IVF FERTILITY will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time. If NOVA IVF FERTILITY suspects any illegal, wrongful or fraudulent activity on the Application by you, NOVA IVF FERTILITY reserves the right to inform the relevant government or law enforcement authorities. NOVA IVF FERTILITY will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities. Data Recording, Storage, Encryption & Usage The information collected on the Application may be stored on your mobile device as well as on a third-party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”). All content on the Application shall be saved and stored electronically on a secure cloud database/server managed by a third-party (“Service Provider”). NOVA IVF FERTILITY shall take best efforts to ensure that the Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. Sekhmet will however not be responsible for any cyber data theft from its Application or the Service Provider’s databases. Communications We, from time to time, may send messages, SMSs and e-mails to you, for various purposes. You will be entitled to stop the communication through the opt-out and unsubscribe options in the communication. Intellectual Property Rights The Application is protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. NOVA IVF FERTILITY owns the title, copyright and other worldwide intellectual property rights in the Application. These terms and conditions do not grant you any rights to the intellectual property rights in the Application. Nothing contained herein shall authorize you to use, apply, invade or in any manner exploit or infringe the intellectual property rights of the Company without prior written consent. When you upload, submit, store, send or receive content to or through the Application, you give us a worldwide, perpetual license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with the Application), communicate, publish, publicly perform, publicly display and distribute such content. This license shall not revert back to you even if it is not used by us. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Application, and to develop new ones. This license continues even if you stop using the Application. Disclaimers Any modification, development, maintenance or updating of the Application and any modification, transfer, license or assignment of the rights in the Application shall be done by NOVA IVF FERTILITY as per its sole judgment and in its sole discretion. The Application provided by NOVA IVF FERTILITY is provided “as-is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). No Warranties NOVA IVF FERTILITY assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. NOVA IVF FERTILITY shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Doctor or the patient to NOVA IVF FERTILITY or any other person acting on behalf of NOVA IVF FERTILITY. NOVA IVF FERTILITY assumes no responsibility and/or liability with respect to any information which you may post on the Application and you are solely responsible for such content posted on the Application. NOVA IVF FERTILITY does not provide any guarantee and shall not be held liable or responsible for the failure to send any communication, notification or reminder to you whether as a feature of the Application or not. NOVA IVF FERTILITY shall not be responsible or liable for any breach or loss of data, including personal information, caused due to the events beyond the control of NOVA IVF FERTILITY or due to third-party actions. Unavailability of the Application You are responsible, at your sole cost and expense, for providing all equipment necessary to access the internet, and/or the Application. While it is always NOVA IVF FERTILITY’s objective to make the Application accessible, the Application may be unavailable from time to time for any reason including, without limitation, routine maintenance or unavoidable unscheduled downtime. In addition, various portions of the Application may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of NOVA IVF FERTILITY, access to the Application may be interrupted or suspended from time to time. In particular, and not in limitation of the foregoing, NOVA IVF FERTILITY shall not be liable in any way for the effects any delay or unavailability may have on you. You agree that NOVA IVF FERTILITY shall not be liable for any damages arising from any such interruption or suspension of the Application and that you shall put in place contingency plans to account for such periodic interruptions. Limitation of Liability To the fullest extent permitted by law, in no event will NOVA IVF FERTILITY or its contractors or agents or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Application, materials and functions related thereto whether or not NOVA IVF FERTILITY has been warned of the possibility of such damages or could have reasonably foreseen such damages. NOVA IVF FERTILITY hereby expressly disclaims all statutory, express or implied warranties or conditions, including warranties or conditions of merchantability and fitness for a particular purpose or use, and all warranties implied from any course of dealing or performance or usage of trade. Governing Law and Jurisdiction By downloading the Application, you agree that the laws of India, without regard to the principles of conflict of law, will govern these terms and conditions and any dispute of any sort that might arise between you and NOVA IVF FERTILITY shall exclusively be subject to the jurisdiction of the appropriate courts situated at Bangalore
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