Gigacure Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and will be deemed to be a contract formed through electronic means.

Gigacure Healthcare Analytics Private Limited, a company registered under the Indian Companies Act, 1956, which has its registered office at 1002, Atlantis Raheja Acropolis-1, Deonar Pada, Chembur (E), Mumbai-400088 and operates under its trade name ‘Gigacure / Pregnomy/ Hriday’, (hereinafter referred to as “Gigacure / Pregnomy/ Hriday" or “We” or “Us” or " Our" or “Company”). This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, Privacy Policy and Terms of Use (“Terms”) for access or usage of www.Gigacure.com and/or usage or downloading its mobile based application, a portal of Gigacure Healthcare Analytics Private Limited. The website and the mobile based application are hereinafter collectively referred to as the “Gigacure / Pregnomy/ Hriday Web Platforms”

For the purpose of these Terms, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who has agreed to become a buyer / service recipient on the Gigacure / Pregnomy/ Hriday Web Platforms by providing relevant data or uses by way of browsing the website or downloading mobile application. Further, for the purpose of these Terms, wherever the context so requires “You”, “Your” or “Vendor” shall mean the individual or any legal entity (company, sole-proprietorship, partnership, HUF etc.) representing itself through its authorised representative only, who has completed the Gigacure / Pregnomy/ Hriday Registration Form as required by Gigacure / Pregnomy/ Hriday and is listed as a Vendor on the Gigacure / Pregnomy/ Hriday Web Platforms.

When You use any of the services provided by Us through the Gigacure / Pregnomy/ Hriday Web Platforms, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. It is Your responsibility to review these Terms periodically for updates or changes. Your continued use of the Gigacure / Pregnomy/ Hriday Web Platforms, following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter, use and download the Gigacure / Pregnomy/ Hriday Web Platforms.

For the purpose of these Terms, wherever the context so requires, “Booking Date” or “Transaction Date” shall mean the date on which the order has been placed by the User for purchasing the products or availing the services of the Vendor via the Gigacure / Pregnomy/ Hriday Web Platforms. Further, “Date of Service” shall mean the date on which the products will be delivered or the services will be provided by the Vendor.

Please note that, accessing, browsing, downloading or otherwise using the Gigacure / Pregnomy/ Hriday Web Platforms indicates Your agreement to all the Terms. Therefore, please read the Terms carefully before proceeding. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by Gigacure / Pregnomy/ Hriday’s Policies (including but not limited to our Privacy Policy) as amended from time to time.

For the Purpose of these Terms, words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words importing persons includes individuals, bodies corporate and unincorporated.

  1. TERMS & CONDITIONS FOR THE USER
  2. USER ELIGIBILITY

Use of the Gigacure / Pregnomy/ Hriday Web Platforms is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Gigacure / Pregnomy/ Hriday Web Platforms. If You are a minor i.e. under the age of 18 years, You shall not be eligible as a User of the Gigacure / Pregnomy/ Hriday Web Platforms and shall not transact on or use the Gigacure / Pregnomy/ Hriday Web Platforms. Gigacure / Pregnomy/ Hriday reserves the right to deactivate and / or refuse to provide You with access to the Platforms if it is brought to Our notice or if it is discovered that You are under the age of 18 years.

  1. PLATFORM FOR THE PRODUCTS AND SERVICES

2.1. You agree that Gigacure / Pregnomy/ Hriday acts as a facilitator between the User and the Vendor. It is a platform through which Users can purchase various goods and avail services related to child care and care for their family from third party Vendors all over India.

2.2. Gigacure / Pregnomy/ Hriday is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Gigacure / Pregnomy/ Hriday is only providing a platform for communication and it is agreed that any sale of the products or services shall be a strictly bipartite understanding between the User and the Vendor.

2.3. We enable parents to connect with experts and other parents to make better and more informed decisions. The services provided by Gigacure / Pregnomy/ Hriday include, but are not limited to, reviewing, rating, commenting, communicating with other Users and Vendors.

  1. YOUR ACCOUNT

3.1. In consideration of Your use of the Gigacure / Pregnomy/ Hriday Web Platforms, You agree to:

3.1.1. Provide accurate, current and complete information about You as may be prompted by any registration forms and subscription, including, but without limiting, Your name, telephone number, mailing address, bank account details, account and email address on the Gigacure / Pregnomy/ Hriday Web Platforms ("Registration Data");

3.1.2. Maintain and promptly update the Registration Data, and any other information You provide to Gigacure / Pregnomy/ Hriday, to keep it accurate, current and complete;

3.1.3. Maintain confidentiality of Your password and identification;

3.1.4. Notify Gigacure / Pregnomy/ Hriday immediately of any unauthorized use of Your account or other breach of security;

3.1.5. Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the services shall be obtained by You at Your own cost;

3.1.6. Accept all responsibility for any and all activities that occur under Your account (whether through authorized or unauthorized access) including, but without limitation to, information retrieved, stored and transmitted through the Gigacure / Pregnomy/ Hriday Web Platforms by You;

3.1.7. Accept all risks of unauthorized access to the Registration Data and any other information You provide to Gigacure / Pregnomy/ Hriday; and

3.1.8. You will ensure compliance with all notices or instructions given by Gigacure / Pregnomy/ Hriday from time to time to enable the use of the Gigacure / Pregnomy/ Hriday Web Platforms.

3.2. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, We shall have the right to indefinitely suspend or terminate or block access of Your account on the Gigacure / Pregnomy/ Hriday Web Platforms and refuse to provide You with access to the Gigacure / Pregnomy/ Hriday Web Platforms.

  1. INVITATION TO OFFER

All products, services and information displayed on the Gigacure / Pregnomy/ Hriday Web Platforms constitute an invitation to offer. Your order for purchase of products or availing the services constitutes Your offer, which shall be subject to the Terms as listed herein. Gigacure / Pregnomy/ Hriday reserves the right to accept or reject Your offer in part or in full, with or without any reason whatsoever. The acceptance and / or communication to the Vendor of Your offer for the purchase of the products or availing the services will take place upon the dispatch of your products or provision of the services availed by You. No act or omission prior to the actual dispatch of the products or the provision of services to You will constitute acceptance of Your offer.

  1. REGISTRATION

5.1. Baby Chakra allows You to either sign in to the Gigacure / Pregnomy/ Hriday Web Platforms with Your Facebook account or to sign in with Your email address to register with Us.

5.2. Gigacure / Pregnomy/ Hriday is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Gigacure / Pregnomy/ Hriday is only providing a platform for communication and it is agreed that any sale of the products or services shall be a strictly bipartite understanding between the User and the Vendor.

5.3. Registration on the Gigacure / Pregnomy/ Hriday Web Platforms is free for Users. Gigacure / Pregnomy/ Hriday does not charge the User any fee for browsing and ordering on the Gigacure / Pregnomy/ Hriday Web Platforms. Gigacure / Pregnomy/ Hriday reserves the right to change its fee policy from time to time. In particular, Gigacure / Pregnomy/ Hriday may at its sole discretion introduce new services and modify some or all of the existing services offered on the Gigacure / Pregnomy/ Hriday Web Platforms. In such an event Gigacure / Pregnomy/ Hriday reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Gigacure / Pregnomy/ Hriday Web Platforms and such changes shall automatically become effective immediately after they are posted on the Gigacure / Pregnomy/ Hriday Web Platforms. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Gigacure / Pregnomy/ Hriday.

  1. USER TERMS

6.1. By registering with us as per Clause 5 and transacting via the Gigacure / Pregnomy/ Hriday Web Platforms to purchase any products or avail any services, You represent to Gigacure / Pregnomy/ Hriday that such registration and purchase is for Your personal and non-commercial use only. Further while using the Gigacure / Pregnomy/ Hriday Web Platforms, You acknowledge that You fully assume the risks of purchase and sale transactions and You further fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the product(s) and/or service(s) that are the subject of the transactions via the Gigacure / Pregnomy/ Hriday Web Platforms.

6.2. Gigacure / Pregnomy/ Hriday reserves the right, at its sole and absolute discretion, to determine whether anything posted by You is appropriate; and to remove it, without notice or liability to You, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial and non exhaustive list of the type of activities that Gigacure / Pregnomy/ Hriday deems to be inappropriate:

6.2.1. Content that criticizes a business or individual beyond that of merely offering an opinion;

6.2.2. Content that harasses or advocates harassment of another person;

6.2.3. Content that exploits people in a sexual or violent manner;

6.2.4. Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;

6.2.5. Content that includes racially, ethically, or otherwise objectionable language;

6.2.6. Content that is libellous, defamatory, or otherwise tortious language;

6.2.7. Content that solicits personal information from anyone under 18 years of age;

6.2.8. Content that promotes information known to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

6.2.9. Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

6.2.10. Copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Gigacure / Pregnomy/ Hriday content appearing on or through the Gigacure / Pregnomy/ Hriday Web Platforms.

6.3. Gigacure / Pregnomy/ Hriday expressly reserves the right to investigate and take appropriate legal action against anyone who, in Gigacure / Pregnomy/ Hriday’s sole discretion, violates this provision, including without limitation, reporting You to the law enforcement authorities.

  1. PAYMENT

7.1. While availing any of the payment method/s available on the Gigacure / Pregnomy/ Hriday Web Platforms, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

7.1.1. Lack of authorization for any transaction/s, or

7.1.2. Exceeding the preset limit mutually agreed between You and the financial services providers you deal with, or

7.1.3. Any payment issues arising out of the transaction, or

7.1.4. Decline of transaction for any other reason/s

7.2. All payments made against any purchase of the products or availing the services, shall be compulsorily in Indian rupees (“Transaction Price”).

7.3. Before delivering the products purchased by You or providing the services to You, the Vendor may request You to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for Your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

7.4. You have specifically authorized Gigacure / Pregnomy/ Hriday or its Vendors to collect, process, facilitate and remit the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through payment facility.

  1. CANCELLATION POLICY

8.1. Cancellation before the date of dispatch of products: Once an order for purchasing the products available for sale on the Gigacure / Pregnomy/ Hriday Web Platforms is received by Us and the checkout procedure is completed, a cancellation of such order can only be made at any time before You receive an e-mail containing confirmation of dispatch of the product from the Vendor. No cancellations will be accepted post such time and any cancellation request received post such time shall be deemed to be a request for return of the product and shall be subject to the return and refund policy as provided for in Clause 9. For the purpose of cancelling the order placed by You, You can either send us an e-mail on care@gigacure.com with Your order details such as Your name, address, telephone number, order number, booking date, etc. or You can call Our customer care and give directions for cancellation of Your order.

8.2. Cancellation before the date of service: Once an order for availing of services on the Gigacure / Pregnomy/ Hriday Web Platforms is received by Us and the checkout procedure is completed, a cancellation of such order for a service can be made 48 hours prior to the date of service. No cancellation of such order will be accepted if made less than 48 hours prior to the date of service. For the purpose of cancelling the service, You can either send Us an e-mail on care@gigacure.com with Your order details such as Your name, address, telephone number, order number, booking date, etc. Or You can call our customer care and give directions for cancellation of Your order. In case of cancellations made by You 48 hours or more before the date of service, 20% will be deducted from the total payment amount due from You after which the refund will be initiated as per Clause 9.

8.3. Cancellation after the date of service: Subject to clause 9, for all such services which are availed of over a period of time, no cancellation will be accepted under any circumstances after the date on which the services have commenced. Under such circumstances, Gigacure / Pregnomy/ Hriday will not be liable to refund or return any amount paid by You, irrespective of whether the services have been availed by You or not.

  1. RETURN AND REFUND POLICY

9.1. Please note that all returns and related procedures shall be carried out by the Vendor(s) whose products have been purchased by You. Therefore, Gigacure / Pregnomy/ Hriday shall not be liable for any loss, damages, action, claim or liability arising out of or in connection with any act, omission or negligence of such a Vendor with respect to the return of purchased product(s).

9.2. Subject to the restrictions contained in Our cancellation policy, a request for the cancellation of Your order can be sent to Gigacure / Pregnomy/ Hriday before the date of service and before You receive an email containing confirmation of dispatch of the products.

9.3. Once the cancellation has been accepted by Gigacure / Pregnomy/ Hriday, You will be intimated about the same by way of an e-mail or phone call on the e-mail ID and telephone number provided by You. Any refund against a request for a return or the products shall be processed only upon receipt of the product by the Vendor along with the original invoice. In case of services intended to be availed by You, the refund will be subject to the cancellation policy as per Clause 8. It may take up to 10-14 business days for the credit to reflect in Your account. The actual time taken for refund or for the credit of the payment into your account depends on the mode by which the payment was made and the procedures adopted by various financial services providers.

  1. CONFIDENTIAL AND PERSONAL DATA/INFORMATION

10.1. Any personal and identifiable information that is required to be collected by Us shall be kept confidential in accordance with the provisions of our Privacy Policy. In addition to the Privacy Policy, the provisions of the following laws/ rules/ guidelines/ regulations shall be applicable to the use of these Platforms:

10.1.1. The provisions of Information Technology Act, 2000 relating to processing of personal data as may be amended from time to time;

10.1.2. The provisions of the Information Technology (Intermediary Guidelines) Rules, 2011 as may be amended from time to time;

10.1.3. The provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time.

  1. INTELLECTUAL PROPERTY RIGHTS

11.1. Subject to Part B Clause 6, Gigacure / Pregnomy/ Hriday is the sole owner or lawful licensee of all the rights of the Gigacure / Pregnomy/ Hriday Web Platforms and its content. For the purpose of this clause, the content on the Gigacure / Pregnomy/ Hriday Web Platforms includes its design, layout, text, images, graphics, sound, video, etc. as well as non superficially visual functional elements. The title, ownership and intellectual property rights in the Gigacure / Pregnomy/ Hriday Web Platforms and its content shall remain with Gigacure / Pregnomy/ Hriday, its affiliates or licensors of the content, as the case may be.

11.2. Trademark: 'Gigacure / Pregnomy/ Hriday' and related icons and logos are registered or registration has been applied for by Gigacure / Pregnomy/ Hriday in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.

11.3. Copyright: All content on the Gigacure / Pregnomy/ Hriday Web Platforms is the copyright of Gigacure / Pregnomy/ Hriday except the third party content and links to third party websites on the Gigacure / Pregnomy/ Hriday Web Platforms, if any.

  1. DISCLAIMER OF WARRANTIES

12.1. All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through the Gigacure / Pregnomy/ Hriday Web Platforms are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.

12.2. Gigacure / Pregnomy/ Hriday does not warrant that: the Gigacure / Pregnomy/ Hriday Web Platforms will be constantly available, or available at all; or that the information on the Gigacure / Pregnomy/ Hriday Web Platforms is complete, true, accurate or non-misleading.

12.3. As per the guidelines issued by the Government of India, Gigacure / Pregnomy/ Hriday will not exercise ownership over the goods and services purported to be sold on the Gigacure / Pregnomy/ Hriday Web Platforms. Thus all commercial/contractual terms are offered by and agreed to between the Users and Vendors alone. The commercial/contractual terms may include, without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services.

12.4. Gigacure / Pregnomy/ Hriday does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Gigacure / Pregnomy/ Hriday Web Platforms. Gigacure / Pregnomy/ Hriday does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Gigacure / Pregnomy/ Hriday Web Platforms. By virtue of technical or human error, it may be possible that certain inadvertent errors may occur such as change in the price of the products and services, change in the quantity ordered, description of the products and services and the like. Even though Gigacure / Pregnomy/ Hriday makes the its best efforts to avoid any such errors, We will not accept liability for any such inadvertent errors or omissions.

12.5. Gigacure / Pregnomy/ Hriday doesn’t claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that are provided directly by the Vendors and which are uploaded, submitted, or embed on the Gigacure / Pregnomy/ Hriday Web Platforms.

12.6. References that We make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply Our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Gigacure / Pregnomy/ Hriday Web Platforms.

12.7. Gigacure / Pregnomy/ Hriday shall not and is not required to resolve or mediate any disagreements or disputes between the Users and Vendors because of non-performance of any transaction concluded on the Gigacure / Pregnomy/ Hriday Web Platforms.

12.8. Gigacure / Pregnomy/ Hriday does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Vendors. You are advised to independently verify the bona fides of any particular Vendor that You choose to deal with on the Gigacure / Pregnomy/ Hriday Web Platforms and use Your best judgment in that behalf.

12.9. You realize and indemnify Gigacure / Pregnomy/ Hriday and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Gigacure / Pregnomy/ Hriday Web Platforms and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Gigacure / Pregnomy/ Hriday cannot take responsibility or control the information provided by other Users which is made available on the Gigacure / Pregnomy/ Hriday Web Platforms. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and exercise Your own judgment when using the Gigacure / Pregnomy/ Hriday Web Platforms.

  1. TERMS AND CONDITIONS FOR THE VENDOR
  2. INFORMATION PROVIDED

1.1. The Vendor will be required to provide all details relevant to the products and services intended to be sold by the Vendor, including but not limited to the price, description, contents which will be by way of text descriptions, graphics, pictures and / or videos of the products and services. Such information must not be misleading and must describe actual condition of the product. Any precautions and / or side effects or any special requirements before or after use of any of the Vendor’s products and services will be displayed on the Gigacure / Pregnomy/ Hriday Web Platforms at all times.

1.2. It is responsibility of the Vendor to make sure that the information provided to Gigacure / Pregnomy/ Hriday with respect to the products and services intended to be sold reflects the real-time availability / non-availability of the products and services with the Vendor.

1.3. As a Vendor, You are allowed to list item(s) for sale on the Gigacure / Pregnomy/ Hriday Web Platforms in accordance with the policies which are incorporated by way of reference in these Terms. You must be legally able to sell the item(s) You list for sale on the Gigacure / Pregnomy/ Hriday Web Platforms. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.

  1. PAYMENT

2.1. The Vendor grants Gigacure / Pregnomy/ Hriday the right to collect the Transaction Price on behalf of the Vendor in the mode (i.e. payment gateway or cash on delivery) selected by the User of the Gigacure / Pregnomy/ Hriday Web Platforms. The Vendor agrees that Gigacure / Pregnomy/ Hriday is neither a trustee of the Vendor nor acting in any fiduciary capacity with respect to any transaction on the Gigacure / Pregnomy/ Hriday Web Platforms. The payment facility provided by Gigacure / Pregnomy/ Hriday is merely an online electronic payment system and will not be considered as a banking or financial service.

2.2. The Vendor authorises Gigacure / Pregnomy/ Hriday to raise an invoice on behalf of the Vendor and send it to the User for the products purchased and / or the services availed. Gigacure / Pregnomy/ Hriday will send a copy of the invoice raised as above to the Vendor.

2.3. Gigacure / Pregnomy/ Hriday reserves the right to deduct a certain amount as commission (“Transaction Fee”) from the Transaction Price for each transaction entered into between the Vendor and the User via the Gigacure / Pregnomy/ Hriday Web Platforms. Such Transaction Fee is subject to alteration or modification at the sole discretion of Gigacure / Pregnomy/ Hriday and Gigacure / Pregnomy/ Hriday will notify the relevant vendors of such altered or modified transaction fee.

  1. CANCELLATION AND REFUND POLICY

3.1. The Vendor acknowledges and agrees to the cancellation, return and refund policy stated for Users in Part A Clause 8 and 9 above. In the event that the User cancels an order made on the Gigacure / Pregnomy/ Hriday Web Platforms;

3.1.1. If at the time of cancellation of an order for products, Gigacure / Pregnomy/ Hriday, the products have not been confirmed to be dispatched by the Vendor, Gigacure / Pregnomy/ Hriday will inform the Vendor of the cancellation of the order. No payment of any amount whatsoever will be paid to the Vendor.

3.1.2. If at the time of cancellation of an order for products, the Vendor has confirmed the dispatch of the Products, Gigacure / Pregnomy/ Hriday will process a request for return and it shall be the responsibility of Gigacure / Pregnomy/ Hriday to cause to collect the product and the original invoice from the User. In such an event, if Gigacure / Pregnomy/ Hriday has paid to the Vendor the Transaction Price, the Vendor undertakes to return to Gigacure / Pregnomy/ Hriday the full amount received by the Vendor within 48 hours from the receipt of the product from the User. In the event Gigacure / Pregnomy/ Hriday has not made any payment to the Vendor, Gigacure / Pregnomy/ Hriday, will at its sole discretion cause a refund of the amount to be paid to the User and will not make any payment to the Vendor.

3.1.3. In the event that the Vendor refuses or fails to provide any services agreed to be provided by the Vendor on the Gigacure / Pregnomy/ Hriday Web Platforms, the Vendor, shall return to Gigacure / Pregnomy/ Hriday any monies received by the Vendor from Gigacure / Pregnomy/ Hriday, within 48 hours of the Date of Service. In the event that the Vendor wilfully defaults in providing services agreed to have been provided, Gigacure / Pregnomy/ Hriday reserves the right to inform the Users on its Platforms of the wilful default of the Vendor as well as caution them from availing the services of the Vendor.

  1. CONFIDENTIALITY

The Vendor acknowledges that it will have access to confidential information of Gigacure / Pregnomy/ Hriday and the Vendor agrees to keep confidential all data and confidential information and also will not use for its own purpose by any means whatsoever any confidential information which the Vendor has received from Gigacure / Pregnomy/ Hriday and it will not sell or otherwise make use / make available the confidential information to any third parties. For the purpose of this clause, confidential information shall include but will not be limited to the terms and conditions of these Terms, information pertaining to the User, the terms of understanding between Gigacure / Pregnomy/ Hriday and the Vendor and all business and financial information relevant to the business of Gigacure / Pregnomy/ Hriday and any information which is disclosed verbally or in writing, identified as confidential at the time of disclosure. The obligations under this clause shall survive the termination of these Terms.

  1. INTELLECTUAL PROPERTY RIGHTS

5.1. Gigacure / Pregnomy/ Hriday and the Vendor agree that the brands/logos, trademarks, etc., belonging to each Vendor are the exclusive property of the respective Vendor and are not in any manner whatsoever, copied, altered or modified from the brand, logo, trademark etc. of another Vendor. The Vendor recognizes and confirms that Gigacure / Pregnomy/ Hriday shall not be liable for contents and images shared, uploaded or displayed on the Gigacure / Pregnomy/ Hriday Web Platforms by the Vendor regarding Products and Services intended to be sold by the Vendor.

5.2. The Vendor grants Gigacure / Pregnomy/ Hriday the right to display and delist the information as provided by the Vendor along with related logo and / or trademark and / or brand name etc., of the Vendor for the purpose of marketing and selling through the Gigacure / Pregnomy/ Hriday Web Platforms.

  1. DISCLAIMER OF WARRANTIES

6.1. The Vendor will make sure that the products are dispatched and delivered or the services are provided as per the Date of Service, along with all the required information and documentation which is necessary for the User to use the product and / or service. The Vendor will keep Gigacure / Pregnomy/ Hriday informed about the dispatch and delivery of the products and / or the services availed by the User. In the event of any default in the delivery of the products or the services availed, the Vendor will immediately update Gigacure / Pregnomy/ Hriday informing of such non-delivery / delay and the reason thereof;

6.2. The Vendor shall procure all necessary certification and licenses required for being eligible as a Vendor on the Gigacure / Pregnomy/ Hriday Web Platforms.

6.3. The Vendor warrants that the information provided with respect to the products and services intended to sold via the Gigacure / Pregnomy/ Hriday Web Platforms is true, accurate, complete, specific, detailed and precise and compliant with all the local laws and regulations;

6.4. The Vendor warrants that the products sold by the Vendor via the Gigacure / Pregnomy/ Hriday Web Platforms are not fake, duplicate, damaged, defective, refurbished or previously owned.

6.5. The Vendor hereby expressly indemnifies Gigacure / Pregnomy/ Hriday from any claim, cost, loss, expense or liability arising out of or in connection with any defect and / or deficiency in any of the products purchased or the services availed by the User, non-compliance by the Vendor of any law for the time being in force in India or for any other reason whatsoever, when such action, claim, cost, loss, expense or liability may be attributable to any act, omission, negligence or misrepresentation on part of the Vendor.

  1. GENERAL PROVISIONS
  2. FORCE MAJEURE

You understand and agree that Gigacure / Pregnomy/ Hriday will not be held liable for any loss or damage with respect to the use of the Gigacure / Pregnomy/ Hriday Web Platforms, if the same arises out of any cause due to which Gigacure / Pregnomy/ Hriday is wholly or partly unable to perform its obligations and which is not reasonably within the control of Gigacure / Pregnomy/ Hriday. Further, Gigacure / Pregnomy/ Hriday will not liable for any loss or damage which is not a result of the fault or negligence of Gigacure / Pregnomy/ Hriday or which occurs despite all reasonable attempts of Gigacure / Pregnomy/ Hriday to avoid or mitigate the same. This includes without limitation, acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority leading to a delay in adhering to the time lines of delivery, strikes, labour, employee difficulties and other events or circumstances that are beyond the reasonable control of Gigacure / Pregnomy/ Hriday.

  1. INDEMNIFICATION

You agree to indemnify and hold Us and (as applicable) Our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of these Terms or your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive the termination of these Terms.

  1. TERMINATION

You understand and agree that Gigacure / Pregnomy/ Hriday reserves the right to terminate Your registration and / or terminate Your right to use the Gigacure / Pregnomy/ Hriday Web Platforms for any reason whatsoever, including without limitation, any act or omission in contravention of the Privacy Policy or of these Terms. You further understand and agree that any such termination may be effected without prior notice to You and You acknowledge and agree that Gigacure / Pregnomy/ Hriday may delete or deactivate Your account immediately upon detecting any such reason, including without limitation, the contravention of the Privacy Policy or of these Terms.

  1. APPLICABLE LAW

4.1. The Gigacure / Pregnomy/ Hriday Web Platforms have been designed to comply with the laws of India and hence We shall be governed by the laws of India. If any material on the Gigacure / Pregnomy/ Hriday Web Platforms or Your use of the Gigacure / Pregnomy/ Hriday Web Platforms is contrary to the laws of the country / state where You are when You access it, We ask You not to use the Gigacure / Pregnomy/ Hriday Web Platforms in contravention of such law. You are responsible for being aware of the laws of Your jurisdiction and complying with them.

4.2. Further, the courts of Bangalorei shall have exclusive jurisdiction in case of any preliminary relief sought in respect of all the terms, conditions and disclaimers.

  1. DISPUTE RESOLUTION

All disputes or differences arising between You and Gigacure / Pregnomy/ Hriday as to these Terms or any other matter in relation to or in connection with Your use of the Gigacure / Pregnomy/ Hriday Web Platforms, shall be referred to a single arbitrator who shall be appointed by Us as per the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto. The seat of arbitration shall be Mumbai and the language shall be English.

  1. MISCELLANEOUS

You agree and acknowledge You are solely responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between Us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Gigacure / Pregnomy/ Hriday reserves the right to investigate complaints or reported violations of these Terms and to take any action, we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, We may take action to disclose any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Gigacure / Pregnomy/ Hriday reserves the right to seek all remedies available at law and in equity for violations of these Terms.

  1. NOTICES

All of Our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, or (c) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of Your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to Our address.

  1. GREVIANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of Gigacure / Pregnomy/ Hriday’s Terms & Conditions, and other polices or questions are published as under:
Grievance Officer Name: Rohit Gupta
Email address: rohit@gigacure.com
[10:00 AM to 6:00 PM from Monday to Friday except Public Holiday

Gigacure Healthcare Analytics Pvt. Ltd.

Bangalore :
Above Beijing Bites, BTM 1st Stage, Bangalore, Karnataka

Contact us directly if you have any questions.