Terms and Conditions
This document (also referred as “Terms” or “User Agreement”) is an electronic record, generated in compliance with the provisions and rules of the Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes, as amended from time to time, by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
Please read these Terms carefully; they impose legal obligations on You and establish Our legal relationship. By accessing Our Website, You are acknowledging that You have read and understood these Terms and agree to be legally bound by them. You cannot use this Website if You do not accept these Terms. All sections of these Terms are applicable to all Users unless the section expressly states otherwise. If You do not agree to the Terms and conditions set forth below, You should exit the Website now.
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General
a. Zuventus Healthcare Limited, a company incorporated under the Companies Act, 1956 (hereinafter also called “Zuventus”, “Healthyr-U”, “We”, “Company”, “Us”,” Our”) having its Registered office at Plot No. P-1 & P-2, IT-BT Park, Phase-II, M.I.D.C., Hinjawadi, Pune - 411057 and Head Office at Zuventus House, Plot Y2, CTS No. 358/A2, Near Nahur Railway Station, Nahur West, Mumbai 400078, India is offering various health, wellness and probiotics Products (each a
“Product,”and together the
“Products”) under its brand Healthyr-U. You wish to purchase one or more Healthyr-U Products. Healthyr-U has created the Website at
www.Healthyr-U.com (the
"Website" or the
"Site") and also mobile application (the “App”) to provide an online platform for consumers to review information about our Products and to purchase our Products. In this User Agreement, the term
“Website” or
“Platform” shall also include App and all other sub-domains, microsites, m-site, chatbot, notifications or any other platforms used by Zuventus in relation to Our range of Products and services.
b. “User”, “You” and “Your” shall relate to any natural or legal person who visits, browses through, accesses, uses, or becomes a buyer on the Website. Words “customer” and “consumer” shall be interpreted in their plain grammatical manner.
c. These Terms govern (i) Your use of the Website, (ii) Your purchase of Our Products and Services offered through the Website, (iii) Your provision of information in connection with using the Website (“User Content "); and (iv) Your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Healthyr-U or its licensors and made available to you through the Website (
“Healthyr-U Content”).
d. We are owner of the Platform. However, JHAKAAS RETAIL PRIVATE LIMITED is licensed to use and operate the Platform our products directly to you.
e. Healthyr-U does not itself supply any products or services to consumers directly on the Platform.
f. JHAKAAS RETAIL PRIVATE LIMITED is responsible to list and sell products as per availability and suitability.
g. By using this site, you are contracting with JHAKAAS RETAIL PRIVATE LIMITED through these Terms.
h. Healthyr-U is not a party to the transactions between you and JHAKAAS RETAIL PRIVATE. It does not control commercial policies of JHAKAAS RETAIL PRIVATE LIMITED which are applicable to the transaction on the Platform.
i. All commercial terms such as price, delivery, refund, payment mode will be decided by JHAKAAS RETAIL PRIVATE LIMITED and you shall make a transaction on a platform only if you agree to the same.
j. Healthyr-U does not have control over Policies and commercial terms pertaining to price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and after sales services related to products as the products will be sold, shipped and delivered by JHAKAAS RETAIL PRIVATE LIMITED. Healthyr-U does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller and not by Healthyr-U.
k. As JHAKAAS RETAIL PRIVATE LIMITED will source Healthyr-U products for selling to you on the Platform, the commercial title to the products being offered on the Platform shall be with JHAKAAS RETAIL PRIVATE LIMITED.
l. Our Website is operated, and services are provided in compliance with the laws in India. JHAKAAS RETAIL PRIVATE LIMITED shall not be liable to deliver any Products and the Company shall not be liable provide any services in locations outside India. If you access our services from locations outside India, You do so at Your own risk and You are solely liable for compliance with applicable local laws.
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Changes to the Terms
a. We have the absolute rights to amend these Terms from time to time without further notice to You.
b. Any such amendments We make shall be effective once We post a Revised Version of these Terms on the Website.
c. It is Your responsibility to have a look at the Terms of Healthyr-U regularly.
d. Your continuous use of the Website following the publication of any such changes will constitute Your agreement to follow and be automatically bound by the amended Terms.
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Consumer Protection Compliance
In accordance with Rule 4(2) of the Consumer Protection (E- Commerce) Rules, 2020, requisite information is mentioned below:
a. Legal name of the e-commerce entity: Zuventus Healthcare Limited.
b. Registered Office: Zuventus Healthcare Limited, Plot No. P-1 & P-2, IT-BT Park, Phase-II, M.I.D.C., Hinjawadi, Pune - 411057 India.
c. Head Office: Zuventus Healthcare Limited, Zuventus House, Plot Y2, CTS No. 358/A2, Near Nahur Railway Station, Nahur West, Mumbai 400078, India
e. Customer Care Support - For any query or complaint you are requested to contact our customer care at Email id
customer.care@zuventus.com
f. Grievance Officer:
i. Name: Mr. Ramesh Nandi
iii. Address:Zuventus Healthcare Limited, Zuventus House, Plot Y2, CTS No. 358/A2, Near Nahur Railway Station, Nahur West, Mumbai 400078, India
iv. Phone numbers: 022-35060000, Mobile : 9619027075
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Creating an account / registration
a. To use certain features of the Website (e.g., ordering Products, posting ratings/reviews, receiving e-newsletters), You need to set up an account / do registration with Our Website and put certain data about Yourself as prompted by prescribed form/section for User information/account/registration including but not limited to Your name, gender, email address, an account password, mobile number and billing/shipping address, Date of Birth etc. All of Your registration information is protected by Our Privacy Policy.
b. You represent and warrant that the data You submit during registration/ account creation is all truthful and accurate and that You will maintain the accuracy of any such information.
c. Your Account username and password are personal to You. You’ll not transfer Your account, and You will be responsible for every activity associated with Your Account.
d. Healthyr-U shall not be liable for any loss or damage, which may take place if you fail to protect confidentiality of Your account credentials. If you are doubtful about the unauthorised use of Your account, you shall immediately notify us.
e. It’s Your responsibility to keep Your email address up-to-date on Your account setup at Healthyr-U Website to make it easier for us to communicate with you electronically in a time of need.
f. If Healthyr-U has reason to believe that there is likely to be a breach of security or misuse of the Website; then, We may ask You to change Your password or, We may also, deactivate Your account/registration without Your consent.
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Eligibility to use
a. Use of the Website is available only to persons who can form legally binding contracts under the applicable laws.
b. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website.
c. If You are registering as a business entity, You represent that You have the authority to bind the entity to this User Agreement.
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Products
a. We have made every effort to display Our Products on the Website as accurately as possible. However, as the actual colours You see will depend on Your monitor, We cannot guarantee that Your monitor’s display of any colour will accurately reflect the colour of the Product on delivery.
b. The images of the Products shown in other advertisements are for illustrative purposes and creative representation only and may vary from the actual Products.
- Invitation to Offer
a. All Products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes Your offer.
b. Healthyr-U may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Healthyr-U’s decision of cancellation of order shall be final and Healthyr-U shall not be liable for such cancellation(s) whatsoever.
c. JHAKAAS RETAIL PRIVATE LIMITED & BIGFOOT RETAIL SOLUTIONS PRIVATE LIMITED reserves the right to refuse any order you place with us. We reserve the right to refuse our Products or service to anyone for any reason at any time.
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User Comments, Feedback and Other Submissions
a. If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us You send creative ideas, suggestions, proposals, plans, opinion, remark, review, comment or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments” or “submissions”), You agree that We may, at any time, without restriction; edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.
b. Healthyr-U reserves sole discretion to simply accept, edit or reject any and every comment/material You may send to Us.
c. We are not and shall never be under any obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
d. Your comments shouldn’t be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics. You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
e. You will not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any comments.
f. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.
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- Notifying the improper content
In case if You observe or believe that any content appearing Our Website is such as to amount to being defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, kindly bring the same to Our notice by writing to Us at customer.care@zuventus.com.
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Limited Warranty
a. Subject to the other terms and conditions herein and to the exclusion of any other warranties applicable by law, Healthyr-U warrants that the goods sold hereunder:
i. will correspond materially with their specifications and will be free from material defects in material and workmanship at the time of delivery;
ii. in the case of fungible goods shall be of fair average quality; and
iii. shall be contained, packaged and labelled as required by law.
b. The foregoing warranty is provided by Healthyr-U subject to the following exceptions:
Healthyr-U shall be under no liability for any defect in the Product(s) arising whether wholly or in part from:
i. wilful damage to or negligence attributable in any way by You;
ii. Your storage or handling of the Product(s);
iii. Your failure to follow Healthyr-U’s instructions (whether oral or in writing) for handling and storage of the Product(s); or
iv. any combination of the Product(s) with goods not manufactured by Healthyr-U.
c. The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet Websites or resources and while We try to ensure that material included on the Website is correct, reputable and of high quality, We shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
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Limits On Healthyr-U‘s Warranty Obligations.
EXCEPT FOR THE EXPRESS WARRANTY HEALTHYR-U PROVIDES IN SECTION 10 ABOVE, YOU TAKE THE PRODUCTS “AS IS.” HEALTHYR-U MAKES NO OTHER WARRANTY OR REPRESENTATION CONCERNING THE PRODUCTS, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES SET OUT IN SECTION 16 (Limited Warranty), ARE YOUR EXCLUSIVE REMEDIES RELATED TO HEALTHYR-U PRODUCTS.
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Limitation of Liability.
YOUR REMEDIES UNDER SECTION 16 (Limited Warranty), ABOVE, ARE IN LIEU OF YOUR ALL OTHER RIGHTS AND REMEDIES, AND HEALTHYR-U SHALL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND, INCLUDING (i) DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, AND SIMILAR DAMAGES, (ii) LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, (iii) DAMAGES ARISING FROM ANY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR FAULT COMMITTED BY HEALTHYR-U, ITS AGENTS, OR EMPLOYEES, OR (iv) ANY INDIRECT, CONSEQUENTIAL LOSS OR OTHER DAMAGE HOWSOEVER CAUSED INCLUDING DAMAGE RESULTING (a) FROM THE PURCHASE, USE, OR MISUSE OF THE PRODUCT(S), (b) FROM ANY INABILITY TO USE THE PRODUCT(S), (c) FROM THE COST OF SUBSTITUTE PRODUCT(S), OR (D) USE OF HEALTHYR-U WEBSITE AND RELATED CONTENT. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF HEALTHYR-U EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM AT ISSUE.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS USER AGREEMENT.
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Errors, Inaccuracies and omissions:
a. Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions.
b. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after You have submitted Your order).
c. We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law.
d. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
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Prohibited uses of Website
In addition to other prohibitions as set forth in these Terms, You are prohibited from using the Website or its content:
a. for any unlawful purpose;
b. to solicit others to perform or participate in any unlawful acts;
c. to violate any international, central, federal, provincial or state regulations, rules, laws, or local ordinances;
d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate either based or not on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f. to submit false or misleading information;
g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet;
h. to collect or track the personal information of others;
i. to spam, phish, pharm, pretext, spider, crawl or scrape;
j. for any obscene or immoral purpose; or
k. to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet.
We reserve the right to terminate Your use of the Service or any related Website for violating any of the prohibited uses.
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Law compliance by the user
The User shall ensure that while using the Website, Products or Services of the Company, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of Website, Products or services shall, at all times, be strictly complied with and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
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Intellectual Property Rights:
a. Information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Healthyr-U or its licensors and made available to You through the Website has been termed as “Healthyr-U Content”.
b. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the Healthyr-U Content are the proprietary property of Healthyr-U and its licensors, and are protected by Indian and international copyright and other intellectual property laws, or are used under the principles of fair use. Healthyr-U and its licensors retain all rights with respect to the Website and the Healthyr-U Content.
c. The Healthyr-U logo/ image, and other Healthyr-U graphics, logos, page headers, button icons, scripts, and service names, used on the home page as well as on the other pages of the Website, and as used in the communication to the User or to any other third party, are trademarks, registered trademarks or trade dress of Healthyr-U.
d. The Company or its third party partners or respective third parties only have rights to trademarks and trade dress and specific layouts of Website, including without limitation calls to action, text placement, images, technology, content, and other materials, which appear on the Website, including its looks and feel.
e. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights in and to the trademark “Healthyr-U”, domain name “www.Healthyr-U.com”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
f. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Healthyr-U Content through any medium without obtaining the necessary authorization from the Company or third party owner of such Content. You agree not to duplicate, publish, display, distribute, modify or create derivative works from the material presented through the Website unless specifically authorized in writing by Healthyr-U.
g. Subject to Your compliance with these Terms, You are granted a limited, non-exclusive, non-transferable, revocable, worldwide right to access, display, and otherwise use the Website solely for Your personal purposes, provided that You shall not:
(i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Healthyr-U Website to any third party;
(ii) modify or make derivative works based upon the Healthyr-U Website or Healthyr-U Content; or
(iii) reverse engineer, reverse compile, or access the Healthyr-U Website in order to build a competitive Product or service.
h. You are not permitted to use the trademarks without the prior consent of the Company and/or the relevant third parties that may own the trademarks. No trademark is granted to You in connection with the Products or the materials contained on the Website. The access to the Website does not authorize anyone to use any trademarks in any manner.
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COPYRIGHT
Copyright © Zuventus Healthcare Limited. All rights reserved.
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Health Related Information
The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by Your doctor or other health care practitioners. You should not use any information available on or through the Website to diagnose or treat any medical condition or disease. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should consult with Your healthcare provider if You have health-related questions before using any of Our Products. You should discuss any medications and/or nutritional supplements You are using with Your healthcare provider before using any new supplements or healthcare or Wellness Products. You should read carefully all instructions and contents of Product packaging prior to use.
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Indemnity
You agree to defend, indemnify, and hold Healthyr-U and its subsidiaries, holding and associate companies, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to Your breach of these Terms.
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Communications
a. You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from Company, phone calls relating to the Products offered through the Website and this supersedes any opt-out preferences You may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.
b. A User can unsubscribe / opt-out from receiving communications from Company at anytime.
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Termination
a. This User Agreement is effective unless and until terminated by either You or Us.
b. If You want to terminate Your agreement with Us, You are free do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.
c. We may terminate this User Agreement at any time and may do so immediately without notice if
i. You breach or threaten to breach any of the provisions of the Terms, the Privacy Policy or any other Terms, conditions, or policies that may be applicable to You from time to time;
ii. We are required to do so by the provisions of law or where the provision of the services hereunder, to You becomes, unlawful;
iii. The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable;
iv. The Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
v. Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason.
vi. You adopted or exercised or attempted actions that may harm or slander other users' actions or pose as a threat to this Website.
vii. We discover that the User has provided inaccurate and incomplete information.
d. Upon termination or otherwise, We may choose to deny You access to the Website. If Your access to the Website is terminated/ suspended / blocked, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website. Upon the termination, the Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.
e. Upon termination, any money due to Us in shall become immediately due and payable and We shall be under no further obligation to supply Product(s) to You, provided that where You have paid for Product(s) in advance of Our termination of our agreement, We shall, at Our discretion, supply those Product(s) to You or cancel the supply of those Product(s)/service(s) and refund You the price paid for those Product(s).
f. Survival: It is also clarified that certain terms and conditions of these Terms shall continue to be binding on the User even after the termination of the User Agreement between Us and the User.
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Cessation of Operation
The Company may at any time, in its sole discretion and without advance notice to You, cease or suspend operation of the Website and/or distribution of the Products.
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Force Majeure
a. The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts arising out of labour disputes, floods, lightning, severe Weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond Our reasonable control.
b. Further if Force Majeure event takes place that affects the performance of Our obligations under these Terms, Our obligations under these Terms shall be suspended for the duration of Force Majeure event.
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Applicable Law and Jurisdiction
These Terms and Your use of this Website and its contents are governed by and construed in all respects in accordance with the laws of India and subject to the jurisdictional courts of Mumbai.
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No Class Action
By accepting the Terms, You hereby irrevocably waive any right You may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with these Terms must be asserted individually.
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Miscellaneous
a. Captions: Various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.
b. Assignment: These Terms shall not be assignable by You, either in whole or in part. Healthyr-U reserves the right to assign its rights and obligations under these Terms.
c. Waiver: Healthyr-U’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
d. Severability: If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to have been severed, and the validity and enforceability of the other provisions of these Terms will not be affected.