Terms & Conditions

DAIMAA INDIA PRIVATE LIMITED is a pioneering, technology-powered integrated healthcare aggregator service provider with a unique model enabling delivery of the complete spectrum of healthcare services utilizing its virtual platform. The various health and wellness services offered through Daimaa Platform include, Home Visit Doctors / Nurses / Physiotherapists; Diagnostics Sample Collection at Home, Home Delivery of Medicines, Hospital Admission Facilitation to Daimaa Network hospitals and such other services as may be provided from time to time ("Services"). You may use our website www.daimaa.in ("Website") to avail our Services.

General Terms

The Web site at Daimaa.in is owned by and operated by Daimaa India Private Limited., (referred to as "we," "us," or "Daimaa.") Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your agreement to be bound by these Terms of Service. By using the Site, you agree to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site.

We reserve the right to modify these Terms of Service at any time, in which case the revised Terms of Service will appear on the Site. Continued use of the Site after we post any such changes will constitute your acceptance of the Terms of Service, as modified.

Daimaa can provide User, subject to acceptance of Terms, at its sole discretion, the User Name and Password ("User Account"). Daimaa solely reserves the right to accept or reject application made by User for having User Account without obligation of explanation.

DESCRIPTION OF SERVICES

All visitors to our Website should adhere to the following terms and conditions. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY DAIMAA INDIA PRIVATE LIMITED FROM TIME-TO-TIME AND POSTED ON THIS WEBSITE.

DISCLAIMER OF WARRANTIES

All information available on this WebSite, (the "Information" ) is provided on the condition that the user will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision or any loss or damage in reliance hereof. The Information does not constitute an invitation or recommendation to take medical services from Daimaa nor is such Information is a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. Daimaa urges the users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information. All information on the site is provided to you "as is" without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Daimaa be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.

AVAILABILITY

Daimaa operates and controls this WebSite from India and makes no representations that the Information is appropriate for use in any other location across the globe. Information published in this WebSite may contain references to products and services which are available in India and not available in your country. Such references do not imply that Daimaa intends to make available such products or services in your country. Users are urged to consult Daimaa officials for information regarding the products and services available to you.

Intellectual Property Rights

5. Message Boards and Other Interactive Features

This Site may include interactive features, including, but not limited to, message boards, web logs, e-mail services, and areas that allow uploading of user-generated content (the "Interactive Features").

You understand that some type of services may be suitable for users within certain age ranges and gender only unless mentioned otherwise. It is your sole responsibility to check whether the service you are ordering is suitable for the intended recipient.

You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Site. We do not control the messages, information, or files that you or others may provide through the Site. This Site, including its Interactive Features, shall be used for lawful purposes only; you shall not:

• Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site.
• Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
• Use the Site in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
• Obtain or attempt to obtain any materials or information not intentionally made available through this Site.
• Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
• Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
• Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
• Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent.
• Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site.

We shall have the right, but no obligation, to monitor the content of the message boards or other Interactive Features to determine compliance with this Agreement and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Site. Notwithstanding this right, users shall remain solely responsible for the content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Site, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Site. We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service, or who, in our sole judgment, interferes with the ability of others to enjoy our Web site or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Site.

6. Registration and Passwords

To access certain features of the Site, we may ask you to provide personally identifiable information such as your name, e-mail address, Mobile Number, and date of birth. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Site. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Site. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You may need a username and password to use certain features of the Site. By registering on the Site, you agree that you will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we, in our sole discretion, deem inappropriate or offensive; (v) you understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account.

You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

7. Use of Directories

The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information.

8. Disclaimers

The Site may provide links to Web sites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access these third-party sites, you do so at your own risk.

The information, products and services offered on or through the site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that the site or any of its functions will be uninterrupted or error free, that defects will be corrected, or that any part of this site, including message boards, or the servers that make the site available, are free of viruses or other harmful components. We expressly disclaim liability for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each user specifically acknowledges that we are not liable for the defamatory, offensive or illegal conduct of other third parties, subscribers, members or other users of the message boards and that the risk of injury from the foregoing rests entirely with each user.

We do not make any representations or warranties about the correctness, accuracy, timeliness, or reliability of this site or third-party sites. Use of any information on the site or third-party sites is at the user's own risk. Under no circumstances will we be liable for any loss or damage caused by reliance on information obtained through the site.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.

While Daimaa makes reasonable efforts for verification and checking the antecedents of its associates and seeks representation from its vendors that they do the same with their associates, it does not take guarantee for their individual conduct with a client of Daimaa. In case a client complains about the conduct of any associate of Daimaa, Daimaa will probe and address it as soon as possible.

Daimaa services are not to be considered a replacement for ordinary means of contacting emergency services, such as a fixed line telephone or mobile phone. If you are in immediate danger, are suffering a medical emergency or are the victim of a crime, please call the appropriate authorities and do not rely solely on Daimaa services. Even if your mobile device and the Daimaa Application have connectivity, the 'Daimaa' Application does not guarantee and has no control over whether your message will be delivered in real-time, promptly accessed by or responded to by any recipient.

9. Third-Party Sites

Certain sections of the Site may provide links to sites of third parties, where you may be able to purchase online many different types of products and services that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a merchant on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's Web site and click on its information links or contact the merchant directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

10. Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall we, our associate companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including its materials, products, or services, or third-party materials, products, or services made available through the site, even if we are advised beforehand of the possibility of such damages (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary companies or affiliates is limited to the greatest extent that it can be limited under such state law.)

In no event will we or any person or entity involved in creating, producing or distributing the site or related online services be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the message boards or other interactive features, or out of the breach of any warranty.

To the fullest extent permitted by applicable law, in no event shall Daimaa be liable to you for any damages resulting from any:

• errors, mistakes, or inaccuracies of content,
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services including Website / Application,
• any unauthorized access to or use of our servers and/or any and all personal information stored therein,
• any interruption or cessation of transmission to or from our servers,
• any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party,
• any loss of your data or content from the Services
• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Daimaa are advised of the possibility of such damages,
• your failure to keep your Account details secure and confidential,
• loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services. In no event shall Daimaa be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss

If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site's terms and conditions, your sole and exclusive remedy is to discontinue using the site.

11. Termination

We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

12. Other Terms

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when you purchase and/or use the products or services of a third party that are provided on or through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and your use of Daimaa Service is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the Daimaa Service, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Delhi, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise. If any provision of this agreement shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The foregoing provisions of these Terms of Service are for our benefit and the benefits of our affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

MISCELLANEOUS

Devices of Third Party Service Providers may be installed with location tracking software or technology. You acknowledge and agree that the location tracking feature is not free from defects and the information provided by it may not be precise. Your use of the location tracking feature is solely at your own risk and Daimaa shall accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.

Any violation of this Agreement or any indecent action towards Third Party Service Provider will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. In the event of termination, users will not receive any credit or payment or refund from Daimaa. Without limiting Daimaa of other remedies, you must pay Daimaa for all fees owed to us and reimburse Daimaa for all losses and costs (including any and all Daimaa Associate time) and reasonable expenses (including but not limited to legal fees) related to investigating such breach and collecting such fees. In the event of termination, you will have no claim whatsoever against Daimaa in respect of any such suspension or termination of your membership but you shall settle all dues owed to Daimaa upon the termination

Indemnity

User agrees to indemnify and hold harmless Daimaa, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User's access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Daimaa will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Force Majeure

Without limiting the foregoing, under no circumstances shall Daimaa be held liable for any damage or loss due to deficiency in performance of the Daimaa Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, transport delays, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.

Severability

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement 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 Agreement 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.

Waiver

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Daimaa. Any consent by Daimaa to, or a waiver by Daimaa of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

General Provisions

Each provision of the Terms is independent of each other. If any provision of the Terms is found void and unenforceable, it will not affect the validity of the remaining provisions of Terms, which shall remain valid and enforceable.

The content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Daimaa, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. Daimaa does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

In case you are the guardian representing a minor, please ensure you sign on the below clearly mentioning your relation to the patient and your signature binds you to taking full responsibility to acceptance of the terms and conditions of this Agreement mentioned on behalf of the minor.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Daimaa, as a result of your use of Daimaa platform. You agree not to hold yourself out as a representative, agent or employee of Daimaa.

If you have any questions about the terms & conditions, please contact us at: