This Terms of Service Agreement (the "Agreement") governs your use of this mobile application, developed by Peritus Healthcare Solutions Pvt. Ltd ("Business Name") to offer services through purchase of this mobile application. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Peritus Healthcare Solutions Pvt. Ltd reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this mobile application. Peritus Healthcare Solutions Pvt. Ltd will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this mobile application. Your usage of this mobile application, following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Peritus Healthcare Solutions Pvt. Ltd encourages you to review this Agreement whenever you access this mobile application to make sure that you understand the terms and conditions governing this mobile application. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Peritus Healthcare Solutions Pvt. Ltd for other service or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your usage of this mobile application.
Customer Solicitation: Unless you notify our third party call center representatives or direct Peritus Healthcare Solutions Pvt. Ltd’s sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Peritus Healthcare Solutions Pvt. Ltd and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of future solicitations.
Proprietary Rights: Peritus Healthcare Solutions Pvt. Ltd has proprietary rights and trade secrets in the Services. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Peritus Healthcare Solutions Pvt. Ltd. Peritus Healthcare Solutions Pvt. Ltd also has rights to all trademarks and trade dress and specific layouts of this mobile application, including calls to action, text placement, images and other information.
Content and Intellectual Property: In addition to making Services available, this mobile application also offers information and marketing materials. To the extent that Peritus Healthcare Solutions Pvt. Ltd does create the content on this mobile application, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this mobile application is for personal and for non-commercial use.
Usage of this mobile application: Peritus Healthcare Solutions Pvt. Ltd is not responsible for any damages resulting from use of this mobile application by anyone. You will not use this mobile application for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of this mobile application (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of this mobile application by other users, (3) not resell material on this mobile application, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of this mobile application
License: By using this mobile application, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on this mobile application in connection with your normal, non-commercial, use of this mobile application. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Peritus Healthcare Solutions Pvt. Ltd or the applicable third party (if the third party content is an issue).
Posting: By posting, storing, or transmitting any content on this mobile application, you hereby grant Peritus Healthcare Solutions Pvt. Ltd a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Peritus Healthcare Solutions Pvt. Ltd does not have the ability to control the nature of the user-generated content offered through this mobile application. You are solely responsible for your interactions with other users of this mobile application and any content you post. Peritus Healthcare Solutions Pvt. Ltd is not liable for any damage or harm resulting from any posts by or interactions between users. Peritus Healthcare Solutions Pvt. Ltd reserves the right, but has no obligation to monitor interactions between and among users of the this mobile application and to remove any content Peritus Healthcare Solutions Pvt. Ltd deems objectionable
Your use of this mobile application is at your sole risk. This mobile application and services are offered on an “As Is” and “As Available” basis. Peritus Healthcare Solutions (P) Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose and non-infringement with respect to this mobile application content, or any reliance upon or use of this mobile application’s content or services. (“Services include Trial services) without limiting the generality of the foregoing.
Peritus Healthcare Solutions (P) Ltd makes no warranty that the information provided on this mobile application is accurate, reliable, complete or timely.
No advice or information, whether oral or written, obtained by you from this mobile application will create any warranty not expressly stated herein as to the results that may be obtained from the usage of the services or that defects in services will be corrected.
Regarding any services obtained through this mobile application, some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Peritus Healthcare Solutions (P) Ltd will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the services in any manner, including liabilities resulting from (1) The use or the inability to use this mobile application content or services; (2) The cost of procuring substitute services or content; (3) Any services purchased or obtained or transactions entered into through this mobile application; or (4) Any lost profits you allege.
You will release, indemnify, defend and hold harmless Peritus Healthcare Solutions Pvt. Ltd, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assignees from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) this mobile application content or your use of this mobile application content; (3) the Services or your use of the Services (including Trial Services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Peritus Healthcare Solutions Pvt. Ltd. When Peritus Healthcare Solutions Pvt. Ltd is threatened with suit or sued by a third party, Peritus Healthcare Solutions Pvt. Ltd may seek written assurances from you concerning your promise to indemnify Peritus Healthcare Solutions Pvt. Ltd; your failure to provide such assurances may be considered by Peritus Healthcare Solutions Pvt. Ltd to be a material breach of this Agreement. Peritus Healthcare Solutions Pvt. Ltd will have the right to participate in any defense by you of a third- party claim related to your use of any of this mobile application content or Services, with counsel of Peritus Healthcare Solutions Pvt. Ltd’s choice at its expense. Peritus Healthcare Solutions Pvt. Ltd will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Peritus Healthcare Solutions Pvt. Ltd against any claim, but you must provide Peritus Healthcare Solutions Pvt. Ltd prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of this mobile application or Services.
Peritus Healthcare Solutions (P) Ltd respects the privacy of its users and is committed to protect it in all respects. The information about the user as collected by Peritus Healthcare Solutions (P) Ltd is: (a) information supplied by users and (b) information automatically tracked while navigation (Information).
By using this mobile application, you consent to collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the services that we offer.
User Information: To avail certain services through this mobile application, users may be required to provide certain information for the registration process namely:- a) your name, b) email address, c) Location, d) Address, e) PIN code or any other related information. The Information as supplied by the users enables us to improve our application and provide you the most user-friendly experience. All required information is service dependent and PERITUS HEALTHCARE SOLUTIONS PVT.LTD may use the above said User information to, maintain, protect, and improve its services and for developing new services, such information will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force. We may disclose to third party services certain personally identifiable information listed below:
Information Sharing: PERITUS HEALTHCARE SOLUTIONS PVT.LTD shares the sensitive personal information with any third party without obtaining the prior consent of the User in the following limited circumstances:
Information Security: We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store data.
All information gathered from this mobile application is securely stored within the PERITUS HEALTHCARE SOLUTIONS PVT.LTD’s controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We may change our privacy policy from time to time to incorporate necessary future changes. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be.
By using this mobile application, you acknowledge that you have read and agreed to be bound by this Agreement and all terms and conditions on this mobile application.
Force Majeure: Peritus Healthcare Solutions Pvt. Ltd 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, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Peritus Healthcare Solutions Pvt. Ltd may at any time, in its sole discretion and without advance notice to you, cease operation of this mobile application and distribution of the Services.
Entire Agreement: This Agreement comprises the entire agreement between you and Peritus Healthcare Solutions Pvt. Ltd and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Peritus Healthcare Solutions Pvt. Ltd to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law Jurisdiction: This mobile application originates from Hyderabad, India. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor Peritus Healthcare Solutions Pvt. Ltd will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in India. By using this mobile application or ordering Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this mobile application or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those or others in the form of a class action or similar procedural device. Any claims arising out of, relating to or connection with this agreement must be asserted individually.
Termination: Peritus Healthcare Solutions Pvt. Ltd reserves the right to terminate your access to this mobile application if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use this mobile application and Peritus Healthcare Solutions Pvt. Ltd may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to this mobile application is terminated, Peritus Healthcare Solutions Pvt. Ltd reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of this mobile application. This Agreement will survive indefinitely unless and until Peritus Healthcare Solutions Pvt. Ltd chooses, in its sole discretion and without advance notice to you, to terminate it.
Domestic Use: Peritus Healthcare Solutions Pvt. Ltd makes no representation that this mobile application or Services are appropriate or available for use in locations outside India. Users who access this mobile application from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. Peritus Healthcare Solutions Pvt. Ltd may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS MOBILE APPLICATION, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.