The below detailed Terms and Conditions of Service (hereinafter referred to as TCS) applies to you as a user (hereinafter referred to as user, you or your ), who in any manner makes use of the websites www.mompluss.com and/or fertilyo.mompluss.com and/or the Mobile Applications "MomPluss" and/or "Fertilyo" (hereinafter referred to severally and jointly as portal). The portal includes any softwares, techniques, designs, features, contents, tools and processes used to create the portal, as well as any data available in them (hereinafter referred to severally or jointly as product). The portals and the products belong exclusively to Aayu Analytics Pvt. Ltd. having its signed-up office at 40/203 (FF), C.R.Park, New Delhi - 110019, India (hereinafter referred to as AAPL, company, we, us or our) or its duly contracted licensors and partners, wherever specifically stated, and are protected by applicable intellectual property laws.
The company and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the portals. Notwithstanding the generality of the foregoing, the name, "MomPluss" is the signed-up trademark and copyright (or any other intellectual property right) of the company and its use, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of the company and may be actionable under the applicable laws.
Except when stated otherwise in the TCS or on the portal, all content (including all intellectual property rights to such content) on the portals is owned exclusively by the company, or its duly contracted licensors and partners, wherever specifically stated otherwise. Unless explicitly stated herein, nothing in the TCS shall be construed as conferring on the user any license to intellectual property rights, whether by estoppel, implication, or otherwise. Unless expressly authorized by us, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content on the portal, in whole or in part, by any means. You must also not remove or modify any copyright or trademark notice, or other notice of ownership appearing on the portal or the products.
You hereby grant the company a perpetual, non-revocable, worldwide, royalty-free license to make use of any content posted by you on those sections of the portal which are accessible to public and other users, including the right to copy, distribute, display, reproduce, modify or adapt the content as the case may be and create derivate works of the same.
1.1 The portal can be opened by visitors and non-signed-uped users to use some of the products in order to inform themselves and gain access to certain available healthcare services, including but not limited to healthcare consultations, healthcare services, diagnostic services and medical supplies in specific locations (hereinafter referred to severally or jointly as service). All products are made available by us in good faith and essentially fulfill the only the purpose of bridging the gap between the user and suppliers of services.
1.2 We reserve the right to modify, extend or terminate any part of the portal, any of the products and/or any of the services accessible through it, for any reason whatsoever, without providing any prior notice and without any liability towards any user or any third party. The portal and services are not to be used in case of any medical emergency and also should also not be considered in any form to be a substitute for a consultation with a qualified healthcare professional or an admission to a healthcare facility. We encourage you to independently verify any information you see on the portal with respect to contents you consume, tools that you make use of or services that you access through the portal.
1.3 In order to use some of the products on the portal, you may have to first sign-up yourself on the portal by providing personal details, including but not limited to your name, email address and mobile number and a confidential password. To complete the sign-up process you may need to verify each contact detail, provided during the sign-up, through a One Time Password (OTP). The sign-up is only a one time process and a user who has previously signed-up shall be able to login into his / her account on the portal using the same credentials as provided during the sign-up process to become a signed-up user (hereinafter referred to as signed-up user) on the portal. The signed-up user is responsible for safeguarding the password for his / her account on the portal and we will not be responsible for any unauthorised access gained to an account on the portal using a compromised password. The company may introduce a one time or periodic fee for signed-up users in the future which may be non-refundable.
1.4 Any transaction undertaken on an account or on any profile which is part of the account, will be the legal responsibility of the signed-up user of that particular account. It is the responsibility of the signed-up user to keep the information related to his / her account as well as the profiles under that account current and updated. Any changes made to either the user details signed-up on the portal or to any of the profiles under it, through any automated process on the portal, will be informed to the user prior and/or after the change.
2.1 You understand and agree that -
2.1.1 You will use the portal, the products or the services offered through it, whether as a non-signed-up user or signed-up user, only in accordance and compliance with all applicable Indian laws. Furthermore, you will not use the portal, the products or the services offered through it for any purposes not intended under the TCS and will not deliberately use it in any way that is unlawful or harms the company, its directors, employees, affiliates, distributors, partners, licensors, service providers and/or any user and/or any data or content on the portal.
2.1.2 As a signed-up user, any interactions you undertake with any healthcare professional or service through the portal, using any channel of communication whatsoever, including but not limited to the medical outcomes and issues resulting out of them are strictly between you and the respective healthcare professional or service provider. We are only involved in enabling and facilitating the interaction and you shall not hold us responsible for any issue related to the interaction, its outcome or associated matters.
2.1.3 The company is not involved in providing any medical advice or diagnosis and is not responsible for the outcome of any interaction between you and any healthcare professional or service, even if the same was enabled by the portal. If you decide to engage with a healthcare professional or service through the portal to seek any medical service, then you do so at your own risk.
2.1.4 Any recommendations on healthcare professionals or services, generated by the portal, on the basis of specific criteria provided by you, should not be construed as endorsement of any particular healthcare professional or service. We shall not be responsible for any breach or deficiency of service by any healthcare professional or service provider. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of a healthcare professional or provider to fulfill its obligations in any transaction. You are advised to perform your own investigation prior to selecting and engaging any healthcare professional or service provider.
2.1.5 Third party services may be made available by us on the portal and in the event that you choose to avail any such third party services, you will be absolutely and solely responsible for your interactions with such third party service providers. We shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. The company does not endorse the services of any third party service providers that are made available on the portal.
2.2 You understand and agree that we may offer you the option of uploading your health / medical information on the portal to create a secured repository and enable others, as specifically permitted by you, to access them.
2.2.1 While we will take utmost care with respect to the security of the information you upload to the specified secured areas, any information that you disclose on any unsecured area of the portal is done at your own risk.
2.2.2 By uploading / sharing / disclosing your medical information on a portal, you hereby give your consent to us to store such health / medical information on our servers, both physical and on the cloud. We will retain such medical / health information for as long as it is needed to fulfill the service you seek to avail on the portal. If you choose to delete your account or a related profile, we will retain the right to delete such medical / health information without informing you.
2.2.3 There might be some latency in deleting medical information of a user or related profile from our servers and backup storage after you have chosen to delete your account or related profile. We may, at our sole discretion, choose to retain any information in our archives in order to comply with our legal obligations, resolve disputes or enforce our agreements.
2.2.4 Unless you specifically consent to share information, medical or otherwise, with another individual or entity, for any reason whatsoever, we will not share any such information that you upload on secured area of the the portal. In the event that you do not trust us with such information then please do not share or upload such information on the portal.
2.2.5 While we endeavour to protect any information uploaded or shared by you on the portal, you understand that we shall not be held liable or responsible for the loss or damage to such information on the portal. It is your responsibility to ensure that you have copies and backups of all your information, medical or otherwise, uploaded on the portal.
2.3 You understand that as a signed-up user you will receive SMS and / or emails from us on your verified mobile number and / or email ID respectively. These messages could relate to your sign-up, account or transactions on the portal, including but not limited to scheduled reminders and periodic promotions that are undertaken by us.
2.3.1 It is your responsibility to ensure that you sign-up and verify only the correct mobile number and email ID on the portal.
2.3.2 While we will endeavour to provide notifications and reminders promptly, we do not provide any guarantees and shall also not be held liable or responsible for any failure to send such notifications or reminders.
2.4 You understand that the company enables and facilitates access to services, some of which may not be free and require you to incur costs (hereinafter referred to as paid services).
2.4.1 For some such paid services we may provide billing services on behalf of the service provider. Should you wish to avail of any of these paid services, you acknowledge that we may collect the relevant payment from you for and on behalf of the service provider.
2.4.2 You acknowledge and confirm that the collection of payment on behalf of a service provider does not make us liable either for providing the service or to be treated as provider of the paid service or in general as a provider of healthcare services, for any reason whatsoever.
2.4.5 We may levy and collect from you in advance a non-refundable handling fee for managing and enabling access to certain services when they are subscribed through the portal.
3.1 The company may provide content which informs and assists in clinical decision-making. This may include information concerning general healthcare aspects as well as specific aspects, including but not limited to latest developments, study outcomes, alternative therapies and treatments, interactions, side effects, dosages etc. The information and material available on the portal are for informational and educational purposes only and are not intended at any time to constitute professional advice, diagnosis and / or treatment. They are not be considered a substitute for either your own reasonable judgement or the opinion of a qualified healthcare professional.
3.2 Some of the content, images, graphics, data, information, suggestions, guidance and other similar material (hereinafter referred to as information) on the portal (including information provided in direct response to user questions or postings) may be provided by healthcare professionals. The provision of such Information does not create a licensed medical professional - patient relationship, between the company and the user and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition. The information is provided only to assist the user in identifying and accessing the appropriate medical care from a duly authorized healthcare professional or service provider. In no event shall the company be liable to the user or anyone else for any decision made or action taken by by relying on such information.
3.3 The company does not recommend or endorse any healthcare professionals, providers, procedures, opinions, or other Information that may appear on the portal. Any information that you obtain or receive from the portal, its employees, contractors, partners, sponsors, advertisers or licensors is for educational, informational and educational purposes only. The Information provided on the portal and in any other communications from or provided through it is not intended as a substitute for, nor does it replace, professional healthcare advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining advice from a qualified healthcare professional because of information that you may have obtained on or through the portal. The use of information provided on the portal is solely at your own risk. Nothing stated or posted on the portals or available through any service is intended to be, and must not be taken to be, the practice of medicine or the provision of healthcare.
3.4 The company may provide options on the portal to create groups where signed-up users can join and exchange tips, suggestions and information. It may also conduct group events, both online and offline, to engage the users and / or provide them access to suitable services offered by third party healthcare service providers.
3.5 Information that may be placed on the portal by third parties are beyond our control and we are not responsible for the accuracy or completeness of information available from them through our portal. You assume full risk and responsibility for the use of any such information you obtain from or through the portal and you agree that the company is not responsible or liable for any claim, loss, or liability arising from the use of such information.
3.6 The company does not recommend or endorse any provider of healthcare, healthcare related products and / or services and the appearance of materials on the portal relating to any such products or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the products and / or services offered and to make an independent determination of their suitability for your use.
3.7 The company’s role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, we have no responsibility and / or liability in respect of the content and transactions on the portals including any content or information provided by third parties and interactions between users and service providers.
3.8 The company does not have the obligation to pre-screen or monitor third party or user generated content at any time. However we may elect to monitor such content and remove any such content if we determine, at our sole discretion, that such content is in violation of the TCS or any applicable laws and best practices. When we remove any user generated content from the portal, we will make reasonable efforts to inform the user, who had posted such content, of our action. Such actions do not in any manner negate or dilute our position as an intermediary or impose any liability on us with respect to the user or third party content.
3.9 If the company suspects any illegal, wrongful or fraudulent activity on the portal by any user, non-signed-up or signed-up, notwithstanding any other rights that we may have, we reserve the right to inform and initiate necessary action with the relevant government or law enforcement authorities. We will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
3.10 The company does not endorse or influence control over any particular branch of medicine, healthcare, theory, opinion, viewpoint or position on any topic.
4.1 The portal may enable the user to select and schedule appointments with healthcare professionals and providers signed-up with the company. Specific terms and conditions of service may apply to these healthcare professionals and providers which can be accessed at www.mompluss.com/provider-terms and fertilyo.mompluss.com/provider-terms . While choosing your healthcare professional or provider on the portal, you understand and accept that:
4.1.1 You are ultimately responsible for accepting an algorithmically recommended healthcare professional or provider on the portal or for choosing your own healthcare professional or provider and we shall not be held responsible or liable for any such selection.
4.1.2 The portal may provide you with lists and/or profile previews of healthcare professionals or providers who may be suitable to deliver the healthcare that you are seeking, based on information that you provide on the portal as well the availability of a specific healthcare professional or service. Please note that -
18.104.22.168 We do not recommend or endorse any healthcare professional or provider mentioned on the portal
22.214.171.124 We do not endorse or make any representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise or other information regarding these healthcare professionals and providers or the quality of the services they may provide.
126.96.36.199 The company shall bear no liability for the consequences to you as a result of using a service through the use of the portal. Information regarding healthcare professionals and service providers found on the portal is intended for general reference purposes only. Such information shall be either self-reported by the providers or collected by us from multiple public sources and we can not guarantee the accuracy of such information.
188.8.131.52 The portal and the company does not provide any advice or qualification certification about any particular healthcare professional or provider. Please verify independently any information you see on the portal with respect to a healthcare professional or provider from whom you intend to seek any service.
5.1 The company disclaims any representation and/or warranty for the security, reliability, quality. timeliness and performance in regard to -
5.1.1 The portals and its features
5.1.2 The healthcare professionals and service providers who respond to a question of the user or provides any service booked through the portal by a user.
5.1.3 Any information, content or advice available on received through the portal
5.1.4 Ability to access and edit any content put on the portal by the users
5.1.5 Any group event, whether online or offline, organized through the portal
5.1.6 Any matter relating to the portal, the products and / or the services.
5.2 The company makes no warranty or representation that any error on the portal will be corrected except as required by law.
5.3 The company assumes no responsibility and/or liability with respect to any content posted by a user or a third party on the portals and the user or the third party (as applicable) is solely responsible for such content.
5.4 The user agrees that the open and real-time nature of the platform makes it impossible for the company to always ensure the validity, authenticity and honesty of content posted by third parties on the portal. The company hence is not responsible for the consequences of the user relying on such third party content.
6.1 You expressly understand that under no circumstances, including, but not limited to negligence, shall the company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to:
6.1.1 The use or the inability to use the portals and / or service
6.1.2 The cost of procurement of substitute goods and services resulting from any non-availability of goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the portals and / or services
6.1.3 Unauthorized access to or alteration of your transmissions or data
6.1.4 Any other matter relating to the portals, products and / or services.
6.2 To the fullest extent permitted by law, in no event will the company or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not the company has been warned of the possibility of such damages or could have reasonably foreseen such damages.
6.3 Notwithstanding anything to the contrary in the TCS, the company's liability under the TCS to any user shall in no event exceed the service fee amounts collected from the same user during the preceding one year, excluding any amounts collected on behalf of any third party healthcare professional or provider
By using the portal you represent and warrant that :
7.1 You are 18 years of age or older and that your use of the portal shall not violate any applicable local or international laws or regulations;
7.2 All sign-up information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;
7.3 Your sign-up on the portals is solely for your personal and non-commercial use. Any use of this portal or its content other than for personal purposes is prohibited.
7.4 Your personal and non-commercial use of this portal shall be subjected to the following restrictions:
7.4.1 You may not modify any content of the portal;
7.4.2 You may not decompile, reverse engineer, or disassemble the content, or
7.4.3 You may not delete or modify any content of the portal including but not limited to, legal notices, disclaimers, proprietary notices such as copyright or trademark symbols, logos that you do not own or have express permission to modify.
7.4.4 You may not remove any copyright, trademark sign-up, or other proprietary notices from the portal. You further agree not to access or use this portal in any manner that may be harmful to the operation of this portal or its content.
7.4.5 You may not:
184.108.40.206 Use the service available on the portal for commercial purposes of any kind; or
220.127.116.11 Use the portal and / or services in any way that is unlawful, or harms the company or any other person or entity, as determined at the company’s sole discretion.
7.4.6 You may not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the portal and / or services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the portal, products and / or the services.
7.4.7 You may not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
7.5 The company cannot and will not assure you that other users, whether signed-up or not, are or will be complying with the foregoing rules or any other provisions of the TCS, and, as between you and the company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
7.6 All trademarks, services marks, trade names, and trade dress are proprietary to the company. No information, content or material from the portal and / or services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the company's express written permission.
7.8 You expressly understand and agree that:
7.8.1 The portals are made available to you on “as is” and “as available” basis. Neither the company nor any healthcare professional or provider making services available on the portal are liable for any technical or other operational problems or issues which may result in loss of your data, personalization settings or for any other interruption of the products or features offered on the portal.Neither the company or any third party provider will be liable for the deletion, loss, misdelivery, timeliness or failure to store or transmit any user data, user content, third party content, company content or any user’s personalization settings.
7.8.2 The company does not warrant that the functions contained in content, information and materials on the portal and / or services, including, without limitation any third party sites or services linked to the portal and / or services, will be uninterrupted, timely or error-free, or that any defects will be rectified, or that the portal or the servers that make such content, information and materials available are free of viruses or other harmful components.
7.8.3 Any material downloaded or otherwise obtained through the portal and / or services are accessed at your own risk and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
7.9 You may not host, display, upload, modify, publish, transmit, update or share any information that —
7.9.1 belongs to another person and to which you do not have any right to;
7.9.2 is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
7.9.3 harms minors in any way;
7.9.4 infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
7.9.5 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7.9.6 impersonates another person;
7.9.7 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
7.9.8 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents investigation of any offence, or is insulting to any other nation.
8.1 You hereby agree to indemnify, defend, and hold the company, its distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents and representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (a) Your use of the portal; or (b) Your breach of the provisions of the TCS; or (c) Any negligent or intentional wrongdoing on your part.
9.1 The company reserves the right, in the event of breach of any of the conditions of the TCS, to suspend and / or terminate your access to the portal with or without providing any notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the portals. Upon suspension or termination, your right to access the products and procure the services on the portals shall immediately cease. The company will reserve the right to remove or delete all your information that is available with the company, including but not limited to login and account information.
10.1 The interpretation of the TCS and the resolution of any disputes arising under the TCS shall be governed by the Laws of India. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively at New Delhi, India.
10.2 Any dispute, claim or controversy arising out of or relating to the TCS or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the TCS to arbitrate, or to your use of the portal or the services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award of the arbitrator shall be final and binding on the the company and the user.
10.3 The company and / or the user shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute
10.4 If any provision of the TCS is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the TCS and the remainder of the TCS shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the TCS shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
10.5 All notices and other communications required or permitted hereunder to be given to either party shall be in writing, in the English language, and shall be sent by facsimile, email, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party's address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision: If to the company: Aayu Analytics Pvt Ltd., 203 (First Floor), Pocket 40, C.R.Park, New Delhi - 110019; If to the user: at the email address provided by the user to us during sign-up.
10.6 No term of the TCS shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
10.7 The TCS contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the TCS other than those contained or referenced in the TCS
Each Party, (a) having fully read the TCS in its entirety; (b) having had full opportunity to study and review the TCS; (c) having been advised that counsel for us has acted solely on our behalf in connection with the negotiation, preparation, and execution of the TCS; (d) having been advised that all parties have the right to consult and should consult independent counsel respecting their rights and duties under the TCS; and (e) having had access to all such information as has been requested; acknowledges and agrees to all of the provisions contained above.