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Terms of Use

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Ownership and Definitions

The content of this website and its associated mobile application is the property of Athayush India (Athayush), with its registered office in Noida, Uttar Pradesh, India.

  • “You,” “your,” or “User” refers to any individual or entity accessing or using the Athayush Platform, whether registered or not.
  • “We,” “us,” “our,” or “Athayush” refers to Athayush India, a company incorporated under the laws of India, its successors, representative-in-interest, and permitted assigns.
  • “Third Party” refers to any individual(s), company, or entity apart from the User and Athayush, including but not limited to healthcare providers, technology partners, and payment processors.
  • “Athayush Platform” refers collectively to the website (athayush.com) and any associated mobile applications, including all content, features, and functionalities.
  • “Athayush Services” refers to the healthcare and wellness-related services provided by Athayush through the Athayush Platform, as further detailed in these Terms of Use and on the Athayush Platform itself.
  • “Healthcare Data” or “Medical Records” refers to any health-related information, including but not limited to medical history, diagnostic reports, treatment plans, and personal health information, collected, stored, or processed through the Athayush Platform.

General Terms:

These Terms of Use, along with our Privacy Policy, and any specific terms related to Athayush service plans or programs, and any consents/disclaimers which may be available on our platform, constitute the complete agreement governing your access to and use of the Athayush Platform and Athayush Services. By accessing, registering, or using our platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and consent to our usage of information as outlined in our Privacy Policy. Your use of our platform is subject to your ongoing compliance with these Terms of Use. If you disagree with any part of these terms, or if at any time you find these Terms of Use unacceptable, please discontinue all use of our platform immediately. Athayush reserves the right to amend these Terms of Use at any time. Your continued use of the Athayush Platform following the posting of revised Terms of Use means that you accept and agree to the changes.  

Athayush reserves the right to:

  • Terminate access to the Athayush Platform or Services for non-compliance with any applicable laws, rules, or regulations, or with these Terms of Use.
  • Disclose or transfer sensitive personal data / information to the extent it is necessary to provide the Athayush Services, or as required by law, to a Third Party in accordance with the Privacy Policy.
  • Suspend access to any or all sections of/Services provided through the Athayush Platform to any User, who we believe, has violated any of the provisions of these Terms of Use, or for any other reason, at our sole discretion.
  • Send you text notifications and marketing offers related to our services and your health and wellness. You may opt out of receiving these communications at any time.
  • This agreement shall be governed by the laws of India, and any disputes shall be subject to the exclusive jurisdiction of the courts in Noida, Uttar Pradesh.
  • If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
  • Athayush shall not be liable for any failure or delay in performance under these Terms of Use due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, war, terrorism, labor disputes, and internet service provider failures.
  • Athayush does not guarantee the accuracy, completeness, or suitability of information provided by third-party healthcare providers and is not responsible for any errors or omissions in such information.

1. Services and Use of the Athayush Platform:

While some of the content and pages of the Athayush Platform are free to view, in order to gain access to a large portion of the contents or Athayush Services provided by the Athayush Platform, you will need to create an account on the Athayush Platform. To create an account on the Athayush Platform, you will be asked to complete the subscription form and fill in certain details such as name, age, gender, address, mobile number, e-mail id, medical status, and other relevant information. You expressly acknowledge that Athayush will rely on the information as would be provided by you and thus you must warrant that any and all information provided by you in the course of creating the account is true and accurate. You agree to update your information promptly if any changes occur.

Athayush provides Athayush Services through the Athayush Platform to administer and facilitate Users to ensure access to healthcare and wellness services, which may include but are not limited to preventive care, 360-degree medical support, holistic wellness programs, MediLocker, and Rapid Response Team, on behalf of Athayush’s partner healthcare providers in India. However, Athayush shall not be liable and does not validate, endorse, or approve any information or content posted on its Athayush Platform. Furthermore, while availing the Athayush Services, the Users understand and accept that:

  • Athayush does not recommend or endorse any physicians, hospitals, diagnostic labs, or any other healthcare providers mentioned on the Athayush Platform.  
  • Athayush does not make any representations and warranties with respect to the physicians, hospitals, diagnostic labs, or any other healthcare providers or the quality of the services that are provided by such physicians, hospitals, diagnostic labs, or any other healthcare providers.  
  • Users will be solely responsible for choosing the Athayush Services listed on the Athayush Platform and for selecting any healthcare provider.
  • Athayush is not and shall not be responsible for any treatment provided, sample collected, tests conducted, or reports generated by the physicians, hospitals, diagnostic labs, or any other healthcare providers. Athayush only provides Athayush Services to the User through the Athayush Platform.
  • Athayush shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to the services provided by healthcare providers through the Athayush Platform.
  • The information provided on the Athayush Platform is for informational purposes only and should not be considered medical advice. Users should consult with qualified healthcare professionals for diagnosis and treatment.
  • The user is solely responsible for the accuracy and completeness of the information they provide.
  • Users must comply with all applicable laws and regulations related to healthcare and data privacy.
  • Athayush does not guarantee uninterrupted or error-free service.
  • Athayush is not responsible for the services provided by third-party vendors (e.g., payment processors).

The User agrees to use the Athayush Platform and the materials provided only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

The User can’t access the Athayush Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.  

The User is granted a limited, non-exclusive, non-transferable right to access Our Athayush Platform and use the Athayush Services solely for the User’s personal non-commercial use and in accordance with the permitted Terms of Use mentioned. Without limitation to the foregoing, in the event the User is barred from undertaking any legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, the User is not eligible to register for, use, or avail the Athayush Services available on the Athayush Platform.

Athayush will provide to the User basic support for the Athayush Services at no additional charge, and/or upgraded support, if purchased separately, and will use commercially reasonable efforts to make the Athayush Services available, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond Athayush’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays. Athayush will provide the Athayush Services only in accordance with applicable laws and government regulations.

Notwithstanding anything to the contrary contained in this document, the User alone shall be liable for the User’s dealings and interaction with physicians, hospitals, diagnostic labs, or any other healthcare providers contacted or managed through the Athayush Platform and Athayush shall have no liability or responsibility in this regard. Athayush doesn’t guarantee or make any representation with respect to the correctness, completeness, or accuracy of the information or details provided by such physicians, hospitals, diagnostic labs, or any other Third Party through the Athayush Platform.  

Athayush may, at its sole discretion, suspend the User’s ability to use or access the Athayush Platform at any time while Athayush investigates complaints or alleged violations of these Terms of Use, or for any other reason. Athayush has the right to edit profiles of physicians, hospitals, diagnostic labs, or any other healthcare providers to make them more suitable for any Athayush Plans available on the Athayush Platform. If Users find any wrong information on the Athayush Platform in relation to such User, they can correct it themselves or contact Athayush immediately for such corrections. Athayush shall have no liability or responsibility in this regard.  

The User shall be bound by the provisions of this Terms of Use. Any violation of the same gives the right to Athayush to take appropriate action against the User.  

Athayush reserves the right to activate or deactivate any offers and promotions on the Athayush Services provided at any time.

You agree that we may send You text notifications and marketing offers.

2. Non-Transferable Right to Use the Services:

Your right to use the Athayush Services is not transferable. You may not assign or sublicense your account or your rights to use the Athayush Services to any other person or entity. Any attempt to do so is void.

Any password or right given to you to obtain information or documents from the Athayush Platform is not transferable. You are responsible for maintaining the confidentiality of your password and account credentials.

Athayush may freely transfer, assign, or delegate all or any part of this Terms of Use, and any rights and duties written below, to any affiliate, successor, or purchaser of its business.

This Terms of Use will be binding and would ensure to take necessary measures to the benefit of the heirs, successors, and permitted assignees of the parties to the Terms of Use.

3. Payment, Fees, and Taxes:

The User agrees to pay all subscription fees applicable to User’s use of Athayush Services and the User shall not circumvent the fee structure. The fee is dependent on the Athayush Plan that the User purchases.

Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations, and reporting. Athayush is in no way responsible for any of the taxes except for its own income tax.  

The fees must be paid online through the applicable facility made on the Athayush Platform, as available from time to time. Third parties support and services are required to process online fee payment. Athayush is not responsible for any loss or damage caused to User during this process as these Third Parties are beyond the control of Athayush.  

Athayush reserves the right to modify the fee structure by updating it on the Athayush Platform which shall be considered as a valid and agreed communication.

In order to process the payments, Athayush and/or Third Parties may require details of the User’s bank account, credit card number, etc. You agree to provide accurate and complete payment information.

4. Collection, Use, Storage, and Transfer of Personal Information:

Our Athayush Platform may include pages that give you the opportunity to provide us with Personal Information about yourself which shall be dealt with as per the Privacy Policy of Athayush. We encourage you to carefully review our Privacy Policy, which explains how we collect, use, and protect your information. Further you agree to the following:

  • Collection and Delivery are dependent on various technical and quality parameters, including but not limited to internet connectivity, device compatibility, and the availability of healthcare providers. Athayush assumes no liability towards any time delay caused on account of the above factors necessary for review, analysis reporting and third-party service delay outside of our control.  
  • Athayush does not provide medical advice and so the Athayush Services offered must not be considered as a substitute for professional medical advice, diagnosis, or treatment. Do not disregard, delay, or avoid obtaining medical advice from a qualified medical and health care professional. Please correlate clinically.  
  • Athayush shall not be responsible in any manner for the authenticity of the Personal Information supplied by the User to Athayush or any other person acting on behalf of Athayush.
  • The User is responsible for maintaining the confidentiality of the User’s account access information and password and restricting any unauthorized access and use of Athayush Services through the Athayush Platform. The User shall be responsible for all uses of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Athayush of any actual or suspected unauthorized use of the User’s account or password.  
  • If a User provides (on the Athayush Platform or in any communication with Athayush) any information (medical or otherwise) that is false, inaccurate, not current, or incomplete (or becomes false, inaccurate, not current, or incomplete), or Athayush has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Athayush has the right to suspend or terminate such account at its sole discretion and refuse access to the Athayush Services, including, but not limited to, the Athayush Plans. 
  • User authorizes Athayush and its officials to collect the electronic or physical copy of the report from the physicians, hospitals, diagnostic labs, or any other healthcare providers and provide the same to the Users.

5. Prohibited Actions:

The User is prohibited from:

  • Violating or attempting to violate the integrity or security of the Athayush Platform or any Athayush’s Content, including but not limited to attempting to gain unauthorized access to our systems or networks, introducing viruses or malware, or interfering with the proper functioning of the Athayush Platform.
  • Transmitting any information (including job posts, messages, and hyperlinks) on or through the Athayush Platform that is disruptive or competitive to the provision of Athayush Services by Athayush.
  • Intentionally submitting on the Athayush Platform any incomplete, false, or inaccurate information, including but not limited to providing misleading or fraudulent information during registration or when using Athayush Services.
  • Making any unsolicited communications to other Users, including but not limited to sending spam or other unauthorized commercial messages.
  • Using any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Athayush Platform, other than the search engine and search agents available from Athayush on the Athayush Platform and other generally available third-party web browsers.  
  • Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Athayush Platform, including but not limited to attempting to access the source code or underlying technology of the Athayush Platform.  
  • Copying or duplicating in any manner any of the Athayush Content or other information available on the Athayush Platform, including but not limited to using framing techniques to enclose any trademark, logo, or other proprietary information of Athayush.
  • Conducting any systematic or automated data collection activities including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Athayush Platform Services without Athayush’s express written consent.  
  • Violating any local, state, national, or international law, rule, or regulation.
  • Using the Athayush Platform in a way which interferes, disrupts, or hampers with the proper functioning of the Athayush Platform.
  • To gain or attempt to gain unauthorized access (other than through the interface that is provided by the Athayush Platform) to our Athayush Platform and/or Athayush Services, including but not limited to attempting to circumvent any security measures or authentication procedures.
  • To interfere with or disrupt the integrity, security, or performance of our Athayush Services, including but not limited to overloading or crashing our systems.
  • To create accounts for our Athayush Services through unauthorized or automated means, including but not limited to using bots or scripts to create multiple accounts.
  • Framing or hotlinking or deeplinking any Athayush’s Content, including but not limited to creating a browser or border environment around Athayush Content or mirroring any part of the Athayush Platform.
  • Posting materials to any of the Athayush Platform’s social media pages or otherwise on social media, that are unlawful, fraudulent, libelous, slanderous, defamatory, abusive, harassing, threatening, obscene or infringing on the rights of any third-party, including without limitation intellectual property, privacy/confidentiality or publicity rights.

Service Specific Terms:

1. MediLocker Service:

MediLocker is a secure, digital repository for your health records, designed to streamline access and management of your medical information. You are solely responsible for the accuracy and completeness of the data you upload or input into MediLocker. Athayush employs industry-standard encryption and security measures to protect your information, but cannot guarantee absolute security against all potential threats. You grant Athayush permission to store, process, and, with your explicit consent, share your MediLocker data with authorized healthcare providers. You acknowledge that MediLocker is not a substitute for maintaining original medical records and that Athayush is not liable for any errors or omissions in the data stored within MediLocker. You understand that access to MediLocker can be suspended or terminated if you violate these terms or if there are technical issues.

Athayush does not take responsibility for the loss of data due to user error or account termination. Athayush will take reasonable measures to ensure data backup, but users are encouraged to maintain their own copies of essential medical information.

2. Rapid Response Team:

The Athayush Rapid Response Team provides emergency medical assistance and coordination services. Activation of the Rapid Response Team is subject to service plan availability and geographical coverage. While the Rapid Response Team endeavors to provide timely and effective assistance, response times may vary depending on factors beyond Athayush’s control, including location, traffic conditions, and the availability of emergency resources. You understand that the Rapid Response Team is not a substitute for calling emergency services (such as 100 or 102) in critical situations. You agree to provide accurate location and medical information when requesting Rapid Response Team assistance. Athayush is not liable for any delays or outcomes related to the Rapid Response Team’s services.

Athayush does not guarantee that the rapid response team will be able to reach the user in a set amount of time. Athayush will take steps to improve response times, and communicate the expected response time to the user during an emergency event.

3. Online Consultations and Telehealth Services:

Athayush facilitates online consultations and telehealth services with qualified healthcare providers. These services are intended for non-emergency medical advice and guidance. You understand that online consultations are not a substitute for in-person medical examinations and that healthcare providers may recommend in-person visits if necessary. You are responsible for ensuring a stable internet connection and compatible device for online consultations. You agree to provide accurate medical information during online consultations. Athayush is not liable for any outcomes related to online consultations or telehealth services.

Athayush does not guarantee that all healthcare providers will be available for online consultation at all times. Athayush will work to ensure that the user is able to schedule online consultations at reasonable times, and will inform the user of any schedule changes.

4. Athayush Community

The Athayush Community is an online platform for users to connect, share experiences, and access health-related resources. You agree to abide by community guidelines and conduct yourself respectfully when interacting with other users. Athayush reserves the right to moderate community content and remove any posts that violate these terms or community guidelines. You understand that information shared within the Athayush Community is not a substitute for professional medical advice. Athayush is not liable for any interactions or information shared within the Athayush Community.

Athayush does not guarantee that all information shared on the community platform is accurate. Users should verify any information they find on the community platform with a medical professional.

5. Athayush Knowledge Base:

The Athayush Knowledge Base provides access to health-related information, articles, and resources. You understand that the information provided in the Knowledge Base is for educational purposes only and is not a substitute for professional medical advice. Athayush endeavors to provide accurate and up-to-date information, but cannot guarantee the completeness or accuracy of all content. You are responsible for verifying any information found in the Knowledge Base with a qualified healthcare provider. Athayush is not liable for any actions taken based on information found in the Knowledge Base.

Athayush does not guarantee that all information on the knowledge base is current. Athayush will take steps to update information on the knowledge base, and will date all articles.

6. Corporate Wellness Packages:

Athayush offers corporate wellness packages to organizations for the benefit of their employees. The specific terms and conditions of corporate wellness packages will be outlined in separate agreements between Athayush and the participating organizations. Employee access to and use of Athayush services through corporate wellness packages is subject to these terms of service and any applicable corporate policies. Athayush is not liable for any disputes or issues arising between participating organizations and their employees.

Athayush will provide the organization with regular reports on the utilization of the corporate wellness package. The organization is responsible for ensuring that its employees are aware of the terms and conditions of the corporate wellness package.

Additional Terms

1. Intellectual Property Rights:

All content, trademarks, service marks, trade names, logos, and other intellectual property displayed on the Athayush Platform are the property of Athayush India or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Athayush Platform for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Athayush Platform without the prior written consent of Athayush India.

2. Indemnification:

You agree to indemnify, defend, and hold harmless Athayush India, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to your use of the Athayush Platform and services, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.

3. Termination Clause:

Athayush may terminate your access to the Athayush Platform and Services at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to, violation of these Terms of Use, providing false information, engaging in illegal activities, or non-payment of fees. Upon termination, your right to use the Athayush Platform and Services will immediately cease. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity, and limitations of liability.

4. Dispute Resolution:

Any dispute arising out of or related to these Terms of Use or the Athayush Platform shall be resolved through arbitration/mediation in Noida, Uttar Pradesh, in accordance with the Arbitration and Conciliation Act, 1996, or other applicable law. The decision of the arbitrator shall be final and binding on both parties.

5. Electronic Communications:

By using the Athayush Platform, you consent to receive electronic communications from Athayush. These communications may include notices about your account, updates to the platform, and marketing materials. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Waiver:

The failure of Athayush to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Athayush.

7. Accessibility:

Athayush is committed to ensuring that our platform and services are accessible to everyone, including individuals with disabilities. We strive to meet or exceed applicable accessibility standards, such as the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, to provide a user-friendly experience for all users.

7.a. Measures Taken to Enhance Accessibility:

To achieve our accessibility goals, Athayush has implemented and will continue to implement the following measures:

  1. Design and Development: We design and develop our platform with accessibility in mind, incorporating features such as alternative text for images, keyboard navigation, and sufficient color contrast.
  2. Regular Testing: We conduct regular accessibility testing and audits of our platform to identify and address any accessibility barriers.
  3. User Feedback: We encourage users to provide feedback on the accessibility of our platform. If you encounter any accessibility issues, please contact us at [insert contact email or support link here] with details of the problem and any assistive technology you are using.
  4. Training: Our team receives ongoing training on accessibility best practices to ensure that we maintain and improve the accessibility of our platform.
  5. Assistive Technologies: We strive to ensure compatibility with commonly used assistive technologies, such as screen readers and keyboard navigation tools.

7.b. Ongoing Commitment:

We recognize that accessibility is an ongoing effort, and we are committed to continuously improving the accessibility of the Athayush Platform. We will monitor evolving accessibility standards and technologies and make necessary updates and improvements to ensure that our platform remains accessible to all users.

7.c. Limitations:

While we strive to make our platform fully accessible, there may be limitations due to certain third-party content or technologies that are beyond our direct control. We will work to address any accessibility issues to the best of our ability.

7.d. Contact Us:

f you have any questions or concerns about the accessibility of the Athayush Platform, or if you encounter any accessibility barriers, please contact us at [email protected]. We welcome your feedback and are committed to making our platform accessible to all users.

8. Updates and Modifications:

Athayush reserves the right to modify these Terms of Use at any time. We will notify you of significant changes by posting the updated Terms of Use on the Athayush Platform. Your continued use of the Athayush Platform after such changes have been posted constitutes your acceptance of the new Terms of Use. It is your responsibility to review these Terms of Use periodically for changes.